University of Michigan Law School
Civil Rights Litigation Clearinghouse
new search
page permalink
Case Name State ex rel. Sams v. Kirby JC-WV-0007
Docket / Court Docket No. Not Available ( State Court )
State/Territory West Virginia
Case Type(s) Jail Conditions
Case Summary
Six prisoners lodged in West Virginia's regional and county jails while awaiting transfer to the new jail, which was under construction, filed a lawsuit under W.Va.Code ยง 62-13-1 in the Supreme Court of Appeals of West Virginia against the state's Department of Corrections, alleging that the ... read more >
Six prisoners lodged in West Virginia's regional and county jails while awaiting transfer to the new jail, which was under construction, filed a lawsuit under W.Va.Code § 62-13-1 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. The prisoners were represented by the Kanawha County Public Defender's Office.

On December 8, 2000, the Supreme Court of Appeals of West Virginia issued an unsigned per curiam opinion granting relief in mandamus, appointing Special Master Forrest H. Roles to develop a long term plan for reducing the number of state prisoners held in county and regional jails. State ex rel. Sams v. Kirby, 542 S.E.2d 889 (W.Va. 2000). On September 20, 2002, Roles submitted the long term plan to the court.

On January 2, 2003, the court issued an order directing that they should revisit the matter after one year to see what progress had been made by the legislative and executive branches of the state government toward enforcing the plan. On November 30, 2005, the court issued a second unsigned per curiam opinion in the case, stating that the long term plan had been a dismal failure due to the failure of the legislative and executive branches to act upon it. State ex rel. Sams v. Commissioner, 625 S.E.2d 334 (W.Va. 2005). They urged the two branches to act, noting that if they failed to do so, they could soon be answering to a federal court for violating prisoners' rights under the U.S. Constitution.

Kristen Sagar - 02/24/2006


compress summary

- click to show/hide ALL -
Issues and Causes of Action
click to show/hide detail
Issues
Crowding
Crowding / caseload
General
Classification / placement
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action State law
Defendant(s) West Virginia Department of Corrections
Plaintiff Description Inmates who had been sentenced to confinement in facilities of West Virginia Division of Corrections but who nonetheless remained confined in jails asserting that their continued incarceration in regional and county jails was unlawful
Indexed Lawyer Organizations None on record
Class action status sought Unknown
Class action status granted Unknown
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement None on record
Order Duration 2000 - n/a
Case Closing Year n/a
Case Ongoing Yes
Additional Resources
click to show/hide detail
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 12/08/2000 (542 S.E.2d 889)
JC-WV-0007-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Opinion 11/30/2005 (625 S.E.2d 334)
JC-WV-0007-0002 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges None on record
Monitors/Masters None on record
Plaintiff's Lawyers Campbell, Wendy (West Virginia)
JC-WV-0007-0002
Castelle, George (West Virginia)
JC-WV-0007-0001 | JC-WV-0007-0002
Defendant's Lawyers Boothroyd, John H. (West Virginia)
JC-WV-0007-0002
Cardinal, Chad M (West Virginia)
JC-WV-0007-0001 | JC-WV-0007-0002
Houdyschell, Charles P. Jr. (West Virginia)
JC-WV-0007-0001
McGraw, Darrell V. Jr. (West Virginia)
JC-WV-0007-0001 | JC-WV-0007-0002
Weber, W. T. (West Virginia)
JC-WV-0007-0001
Other Lawyers Skundor, David (West Virginia)
JC-WV-0007-0002

- click to show/hide ALL -

new search
page permalink

- top of page -