University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name State ex rel. Stull v. Davis JC-WV-0006
Docket / Court Docket No. Not Available ( State Court )
State/Territory West Virginia
Case Type(s) Jail Conditions
Case Summary
Inmates lodged in West Virginia's regional and county jails while awaiting transfers filed a lawsuit under W.Va.Code, 62-13-5 [1977] in the Supreme Court of Appeals of West Virginia against the state's Department of Corrections, alleging that the delays in transfers due to overcrowding was a denial ... read more >
Inmates lodged in West Virginia's regional and county jails while awaiting transfers filed a lawsuit under W.Va.Code, 62-13-5 [1977] in the Supreme Court of Appeals of West Virginia against the state's Department of Corrections, alleging that the delays in transfers due to overcrowding was a denial of the rehabilitative programs to which they were entitled.

On July 17, 1988, the Supreme Court of Appeals of West Virgina issued an unsigned per curiam opinion granting relief in mandamus, holding that inmates were entitled to prompt transfer under West Virginia Law. State ex rel. Stull v. Davis, 203 W.Va. 405 (1998). The court directed Commissioner of Corrections William K. Davis to submit within 60 days a complete plan for the immediate transfer to the division facilities of at least half of all inmates, appointing Special Master Patrick D. McManus to review the plans and submit reports as to their adequacy. We have no record of the proceedings that followed this order.

Kristen Sagar - 02/24/2006


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Issues and Causes of Action
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Issues
Crowding
Crowding / caseload
General
Classification / placement
Rehabilitation
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) West Virginia Department of Corrections
Plaintiff Description Inmates sentenced to terms of confinement in facilities of West Virginia Division of Corrections alleging that their continued incarceration in regional and county jails was unlawful and resulted in denial of rehabilitative programs
Indexed Lawyer Organizations None on record
Class action status sought No
Class action status granted Unknown
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 1988 - 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 07/17/1998 (508 S.E.2d 122)
JC-WV-0006-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges None on record
Monitors/Masters McManus, Patrick D. (Minnesota)
JC-WV-0006-0001
Plaintiff's Lawyers Castelle, George (West Virginia)
JC-WV-0006-0001
Molends, Jeffrey W. (West Virginia)
JC-WV-0006-0001
Defendant's Lawyers Cardinal, Chad M (West Virginia)
JC-WV-0006-0001
Kiser, Leslie K. (West Virginia)
JC-WV-0006-0001
Other Lawyers None on record

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