University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Hickson v. Kellison JC-WV-0005
Docket / Court Docket No. Not Available ( State Court )
State/Territory West Virginia
Case Type(s) Jail Conditions
Case Summary
Two prisoners at Pocahontas County Jail filed a lawsuit in West Virginia State Court under 42 U.S.C. §1983 against representatives of the county in the Supreme Court of Appeals of West Virginia. The prisoners complained of inadequate personal hygiene supplies, clothing, bedding, and towels; a ... read more >
Two prisoners at Pocahontas County Jail filed a lawsuit in West Virginia State Court under 42 U.S.C. §1983 against representatives of the county in the Supreme Court of Appeals of West Virginia. The prisoners complained of inadequate personal hygiene supplies, clothing, bedding, and towels; a lack of laundry facilities; denial of communicative rights; limited and inadequate visitation opportunities; inadequate medical care and exercise opportunity; and segregated confinement. Because we do not have the docket for this case, we have no record of the date that this lawsuit was filed.

On October 15, 1982, the Supreme Court of Appeals of West Virginia (Judge Thomas Miller) held that the legislature intended to require the counties to maintain jails at reasonable and acceptable standards, and that the totality of jail conditions violated constitutional standards. Hickson v. Kellison, 170 W.Va. 732 (W.Va. 1982). The court issued a writ of mandamus that directed the county officials to inform the inmates' counsel which corrective actions the county officials were willing to voluntarily undertake. The court ordered that unresolved issues must be remanded to the trial court for resolution. We have no further information on the remedies in this case.

Kristen Sagar - 02/24/2006


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Issues and Causes of Action
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Issues
Discrimination-basis
Race discrimination
General
Administrative segregation
Classification / placement
Disciplinary segregation
Food service / nutrition / hydration
Mail
Phone
Recreation / Exercise
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Visiting
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
42 U.S.C. § 1983
Defendant(s) Pocahontas County
Plaintiff Description Inmates at county jail seeking improvement of current conditions at county jail which they claimed violated their constitutional and statutory rights
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer No
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 1982 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Additional Resources
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Case Studies After Decision: Implementation of Judicial Decrees in Correctional Settings
Written: Oct. 01, 1977
By: M. Kay Harris & Dudley P. Spiller (Temple University)
Citation: (1977)
[ Detail ] [ PDF ]

Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 10/15/1982 (296 S.E.2d 855)
JC-WV-0005-0001.pdf | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges Miller, Thomas B. (State Supreme Court)
JC-WV-0005-0001
Monitors/Masters None on record
Plaintiff's Lawyers Hedges, Daniel F. (West Virginia)
JC-WV-0005-0001
Defendant's Lawyers Hunter, J Steven (West Virginia)
JC-WV-0005-0001
Other Lawyers None on record

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