Case: Hickson v. Kellison

Docket No. Not Available | West Virginia state trial court

Filed Date: 1982

Clearinghouse coding complete

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 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 no…

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.

Summary Authors

Kristen Sagar (2/24/2006)

People


Judge(s)

Miller, Thomas B. (West Virginia)

Attorney for Plaintiff

Hedges, Daniel F. (West Virginia)

Attorney for Defendant

Hunter, J Steven (West Virginia)

Judge(s)

Miller, Thomas B. (West Virginia)

Attorney for Plaintiff
Attorney for Defendant

show all people

Documents in the Clearinghouse

Document

No. 15533

Reported Opinion

West Virginia state supreme court

Oct. 15, 1982

Oct. 15, 1982

Order/Opinion

296 S.E.2d 296

Docket

Last updated April 9, 2024, 3:13 a.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: 1982

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Inmates at county jail seeking improvement of current conditions at county jail which they claimed violated their constitutional and statutory rights

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Unknown

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Pocahontas County (Pocahontas), County

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Due Process

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: 1982 - None

Issues

General:

Bathing and hygiene

Classification / placement

Conditions of confinement

Food service / nutrition / hydration

Mail

Phone

Recreation / Exercise

Sanitation / living conditions

Staff (number, training, qualifications, wages)

Totality of conditions

Jails, Prisons, Detention Centers, and Other Institutions:

Administrative segregation

Disciplinary segregation

Visiting

Discrimination-basis:

Race discrimination

Type of Facility:

Government-run