University of Michigan Law School
Civil Rights Litigation Clearinghouse
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Case Name Facility Review Panel v. Holden JC-WV-0002
Docket / Court No. 17240 ( State Court )
State/Territory West Virginia
Case Type(s) Jail Conditions
Case Summary
The Facility Review Panel, on behalf of inmates in the Doddridge County Jail, brought a mandamus action in the Supreme Court of Appeals of West Virginia against the sheriff and members of the County Commission of Doddridge County, to compel the closure of the jail until conditions there improved to ... read more >
The Facility Review Panel, on behalf of inmates in the Doddridge County Jail, brought a mandamus action in the Supreme Court of Appeals of West Virginia against the sheriff and members of the County Commission of Doddridge County, to compel the closure of the jail until conditions there improved to minimal constitutional and statutory standards. On April 9, 1987, the court, in a per curium opinion, used a totality of the conditions test to find that conditions at the jail constituted cruel and unusual punishment under the Eighth Amendment of the United States Constitution and similar provisions of the West Virginia State Constitution. Facility Review Panel v. Holden, 356 S.E.2d 457 (W. Va. 1987). Safety and security, medical care, and sanitation were just a few of the areas that the court highlighted as needing improvement.

The court issued a moulded writ of mandamus giving defendants sixty days to submit a plan of improvement and timeline. The court then assigned Judge Jerry W. Cook, the appellate judge in charge of the Circuit Court of Doddridge County, to hear any disputes that might arise from a failure to implement the plan.

We do not have the docket in this case, and therefore have no further information.

Ben Kelly - 02/27/2006


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Issues and Causes of Action
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Issues
General
Sanitation / living conditions
Staff (number, training, qualifications, wages)
Totality of conditions
Medical/Mental Health
Medical care, unspecified
Plaintiff Type
Private Plaintiff
Type of Facility
Government-run
Defendant(s) County Sheriff
Plaintiff Description Facility review panel on behalf of inmates at county jail seeking closure of jail until conditions met minimal constitutional and statutory standards
Class action status sought No
Class action status granted No
Prevailing Party Plaintiff
Public Int. Lawyer Yes
Nature of Relief Injunction / Injunctive-like Settlement
Source of Relief Litigation
Form of Settlement Confession of Judgment
Order Duration 1987 - 1987
Case Ongoing No reason to think so
Docket(s)
No docket sheet currently in the collection
General Documents
Reported Opinion (356 S.E.2d 457)
JC-WV-0002-0001.pdf | WESTLAW| LEXIS | Detail
Date: 04/09/1987
Source: Google Scholar
Plaintiff's Lawyers Downey, Mary (West Virginia)
JC-WV-0002-0001
Defendant's Lawyers Sammons, Lucian R. JR. (West Virginia)
JC-WV-0002-0001

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