Case: State ex rel. M.L.N. v. Greiner

17536 | West Virginia state supreme court

Filed Date: Feb. 6, 1987

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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 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 o…

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)

People


Judge(s)

McGraw, Warren (West Virginia)

Attorney for Plaintiff

Deitzler, Harry (West Virginia)

Downey, Mary (West Virginia)

Kershner, Mary Beth (West Virginia)

Attorney for Defendant

Fantasia, Annette L. (West Virginia)

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Documents in the Clearinghouse

Document

17536

Reported Opinion

June 4, 1987

June 4, 1987

Order/Opinion

360 S.E.2d 360

Docket

Last updated Aug. 30, 2023, 3:13 p.m.

Docket sheet not available via the Clearinghouse.

Case Details

State / Territory: West Virginia

Case Type(s):

Juvenile Institution

Key Dates

Filing Date: Feb. 6, 1987

Case Ongoing: Unknown

Plaintiffs

Plaintiff Description:

Prisoners challenging their confinement in correctional center

Plaintiff Type(s):

Private Plaintiff

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:

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 1987 - 0

Issues

General:

Classification / placement

Jails, Prisons, Detention Centers, and Other Institutions:

Youth / Adult separation

Type of Facility:

Government-run