Case: State ex rel. Stull v. Davis

24459 | West Virginia state supreme court

Filed Date: 1988

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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 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 …

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.

Summary Authors

Kristen Sagar (2/24/2006)

People


Attorney for Plaintiff

Castelle, George (West Virginia)

Molends, Jeffrey W. (West Virginia)

Attorney for Defendant

Cardinal, Chad M (West Virginia)

Kiser, Leslie K. (West Virginia)

Expert/Monitor/Master/Other

McManus, Patrick D. (Minnesota)

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Documents in the Clearinghouse

Document

24459

24460

24461

24462

24463

24464

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24466

24467

24468

24470

24469

24472

Reported Opinion

July 17, 1998

July 17, 1998

Order/Opinion

508 S.E.2d 508

Docket

Last updated Aug. 30, 2023, 1:44 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Jail Conditions

Key Dates

Filing Date: 1988

Case Ongoing: No reason to think so

Plaintiffs

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

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

West Virginia Department of Corrections , State

Case Details

Causes of Action:

State law

Available Documents:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1988 - None

Issues

General:

Classification / placement

Rehabilitation

Jails, Prisons, Detention Centers, and Other Institutions:

Crowding / caseload

Type of Facility:

Government-run