Case: Dawson v. Kendrick

1:78-cv-01076 | U.S. District Court for the Southern District of West Virginia

Filed Date: June 15, 1978

Closed Date: April 2, 1992

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Case Summary

Inmates at the Mercer County Jail in West Virginia filed a class action lawsuit under 42 U.S.C. § 1983 against the West Virginia Department of Corrections in the U.S. District Court for the Southern District of West Virginia. The inmates alleged that their rights had been violated by a totality of conditions at the jail. Specifically, the plaintiffs complained about deficiencies in the areas of overcrowding, plumbing, lighting, sanitation, fire safety, classification, disciplinary procedures,…

Inmates at the Mercer County Jail in West Virginia filed a class action lawsuit under 42 U.S.C. § 1983 against the West Virginia Department of Corrections in the U.S. District Court for the Southern District of West Virginia. The inmates alleged that their rights had been violated by a totality of conditions at the jail. Specifically, the plaintiffs complained about deficiencies in the areas of overcrowding, plumbing, lighting, sanitation, fire safety, classification, disciplinary procedures, administrative segregation procedures, clothing allowances, toilet articles, exercise opportunities, medical care, dental care, nutrition, mail, telephone use, visitation, reading materials, rehabilitation programs, access to courts, and discrimination.

On November 5, 1980 and January 21, 1981, the U.S. District Court for the Southern District of West Virginia (Judge John Thomas Copenhaver) granted temporary relief to the plaintiffs, ordering the defendants to effect a fifty-percent increase in the number of full-time jail deputies, and to provide visual surveillance of the segregated inmates at least once every ten minutes, psychiatric evaluation of segregated inmates, daily exercise for inmates segregated longer than thirty days, increased visitation privileges, and elimination of the drunk tank.

In January, 1981, Sheriff Earl Kendrick left his job, and Sheriff Donald Hare took office. The new sheriff made significant strides to comply with the court's temporary relief decrees. On August 10, 1981, the court (Judge Copenhaver) held that the conditions at the jail continued to violate the inmates' constitutional rights. The court made permanent the formerly temporary orders of relief, and further ordered the defendants to file plans for correction of constitutional violations with the court by October 12, 1981. The court also enjoined the defendants from using the "dungeon" on the third floor of the jail to house prisoners. Dawson v. Kendrick, 527 F.Supp. 1252 (S.D.W.V. 1981). As we only have the district court opinion, we have no further information on this case.

Summary Authors

Kristen Sagar (6/15/2007)

People


Judge(s)

Copenhaver, John Thomas Jr. (West Virginia)

Attorney for Plaintiff

Hirshman, Tobias J. (West Virginia)

Attorney for Defendant

Cunningham, Charles T. (West Virginia)

Knight, David W. (West Virginia)

Judge(s)

Copenhaver, John Thomas Jr. (West Virginia)

Attorney for Plaintiff

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Documents in the Clearinghouse

Document

1:78-cv-01076

CIVIL DOCKET FOR CASE #: 1:78−cv−01076 (Partial)

June 15, 1978

June 15, 1978

Docket

1:78-cv-01076

Findings of Fact, Conclusions of Law, Opinion and Order

Aug. 10, 1981

Aug. 10, 1981

Order/Opinion

527 F.Supp. 527

Docket

Last updated Feb. 22, 2024, 3:09 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: June 15, 1978

Closing Date: April 2, 1992

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Past and present inmates of a county jail located in West Virginia complaining of extensive denials of their various constitutional rights due to conditions allegedly existing at the jail

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

West Virginia Department of Corrections (Mercer), State

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Equal Protection

Cruel and Unusual Punishment

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1980 - None

Issues

General:

Access to lawyers or judicial system

Classification / placement

Education

Fire safety

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Suicide prevention

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Visiting

Crowding / caseload

Assault/abuse by staff (facilities)

Discrimination-basis:

Race discrimination

Medical/Mental Health:

Medical care, general

Type of Facility:

Government-run