Filed Date: Feb. 6, 1987
Clearinghouse coding complete
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.
Summary Authors
Kristen Sagar (11/27/2007)
McGraw, Warren (West Virginia)
Deitzler, Harry (West Virginia)
Downey, Mary (West Virginia)
Kershner, Mary Beth (West Virginia)
Fantasia, Annette L. (West Virginia)
McGraw, Warren (West Virginia)
Last updated Aug. 30, 2023, 3:13 p.m.
Docket sheet not available via the Clearinghouse.State / Territory: West Virginia
Case Type(s):
Key Dates
Filing Date: Feb. 6, 1987
Case Ongoing: Unknown
Plaintiffs
Plaintiff Description:
Prisoners challenging their confinement in correctional center
Plaintiff Type(s):
Public Interest Lawyer: Unknown
Filed Pro Se: Unknown
Class Action Sought: No
Class Action Outcome: Not sought
Defendants
Wood County Correctional Center (Wood), County
Case Details
Available Documents:
Outcome
Prevailing Party: Plaintiff
Nature of Relief:
Injunction / Injunctive-like Settlement
Source of Relief:
Order Duration: 1987 - 0
Issues
General:
Jails, Prisons, Detention Centers, and Other Institutions:
Type of Facility: