University of Michigan Law School
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Case Name State ex rel. M.L.N. v. Greiner JI-WV-0001
Docket / Court Docket No. Not Available ( State Court )
State/Territory West Virginia
Case Type(s) Juvenile Institution
Case Summary
On February 6, 1987, a juvenile detained at the Wood County Correctional Center (WCCC) in West Virginia petitioned the Supreme Court of Appeals of West Virginia for a writ of mandamus, alleging that the juvenile detention section of the Wood County Correctional Center violated minimum statutory and ... read more >
On February 6, 1987, a juvenile detained at the Wood County Correctional Center (WCCC) in West Virginia petitioned the Supreme Court of Appeals of West Virginia for a writ of mandamus, alleging that the juvenile detention section of the Wood County Correctional Center violated minimum statutory and constitutional standards. By March 3, 1987, two other juveniles were added to the suit as intervenors. The plaintiffs asked the court to order their immediate release from the WCCC. Although one of the plaintiffs had served the entirety of his sentence, the court refused to dismiss him from the lawsuit for mootness because the issues arising from his detention were capable of repetition.

On June 4, 1987, the Supreme Court of Appeals (Chief Justice Warren R. McGraw) held that eighteen year-old probation violators were "children" for purposes of sentencing under West Virginia law. State ex rel. M.L.N. v. Greiner, 360 S.E.2d 554 (W.Va. 1987). The court further held that incarceration of juveniles in a county jail was permissible only if the children could neither see nor hear adult prisoners. The court ordered the sentencing judges to modify the plaintiffs' sentences to place them either in a county facility where they are shielded from adult inmates or in a state facility for juveniles.

We have neither the original petitions for mandamus nor copies of the motions to intervene. In addition, we have no information on any subsequent proceedings.

Kristen Sagar - 11/27/2007


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Issues and Causes of Action
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Issues
General
Classification / placement
Youth / Adult separation
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Causes of Action None on record
Defendant(s) Wood County Correctional Center
Plaintiff Description Prisoners challenging their confinement in correctional center
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 1987 - n/a
Case Closing Year n/a
Case Ongoing Unknown
Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion 06/04/1987 (360 S.E.2d 554)
JI-WV-0001-0001 PDF | WESTLAW| LEXIS | Detail
Document Source: Google Scholar
Judges McGraw, Warren (State Supreme Court)
JI-WV-0001-0001
Monitors/Masters None on record
Plaintiff's Lawyers Deitzler, Harry (West Virginia)
JI-WV-0001-0001
Downey, Mary (West Virginia)
JI-WV-0001-0001
Kershner, Mary Beth (West Virginia)
JI-WV-0001-0001
Defendant's Lawyers Fantasia, Annette L. (West Virginia)
JI-WV-0001-0001
Reed, Jeffrey B. (West Virginia)
JI-WV-0001-0001
Other Lawyers None on record

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