Crain v. Bordenkircher
Annotate this Case
September 1994 Term
___________
No. 16646
___________
ROBERT CARL CRAIN, ET AL.,
Petitioners,
v.
DONALD E. BORDENKIRCHER, WARDEN, ET AL.,
Respondents
___________________________________________________
Appeal from the Circuit Court of Marshall County
Honorable John Madden, Judge
Civil Action No. 81-C-320
CONTINUED
___________________________________________________
Submitted: November 29, 1994
Filed: December 21, 1994
James F. Companion
Schrader, Recht, Byrd, Companion & Gurley
Wheeling, West Virginia
Barbara L. Baxter
West Virginia Legal Services Plan, Inc.
Wheeling, West Virginia
Attorneys for the Petitioners
Rita A. Stuart
Special Assistant Attorney General
Charleston, West Virginia
Attorney for the Respondents
This Opinion was delivered PER CURIAM.
Chief Justice Brotherton did not participate.
Retired Justice Miller sitting by temporary assignment.
SYLLABUS BY THE COURT
"'This Court has a duty to take such actions as are
necessary to protect and guard the Constitution of the United
States and the Constitution of the State of West Virginia.'
Syllabus Point 2, Crain v. Bordenkircher, 180 W. Va. 246, 376 S.E.2d 140 (1988)." Syllabus, Crain v. Bordenkircher, 189 W. Va.
588, 433 S.E.2d 526 (1993).
Per Curiam:
On November 29, 1994, pursuant to this Court's order of
July 14, 1994, the respondents, Donald E. Bordenkircher, Warden,
West Virginia Penitentiary, et al., filed with this Court a status
report on the progress of construction of the new state
penitentiary, the Mount Olive Correctional Complex (hereinafter
"MOCC").
The report provided information on final inspections,
security and training, the awarding of the medical and food service
contracts and the inmate disciplinary policy. The report further
indicated that inmates from the West Virginia Penitentiary at
Moundsville (hereinafter "WVP") will begin moving into MOCC in
early January 1995.See footnote 1 The parties herein have agreed to meet with
the Special Master, Patrick McManus, before the end of 1994 to
review all areas of operation and to assure that all of this
Court's mandates have been met.
Since the deplorable conditions of the inmates'
confinement at the WVP were originally detailed in Crain v.
Bordenkircher, 176 W. Va. 338, 342 S.E.2d 422 (1986), this Court
has monitored the progress of the new penitentiary, the
construction of which was ordered to remedy the unconstitutional
conditions at the WVP. Crain, 180 W. Va. 246, 376 S.E.2d 140
(1988). As we have previously stated: "'This Court has a duty to
take such actions as are necessary to protect and guard the
Constitution of the United States and the Constitution of the State of West Virginia.' Syllabus Point 2, Crain v. Bordenkircher, 180
W. Va. 246, 376 S.E.2d 140 (1988)." Syllabus, Crain v.
Bordenkircher, 189 W. Va. 588, 433 S.E.2d 526 (1993). A thorough
recitation of the numerous cases styled Crain v. Bordenkircher
which have been before this Court may be found in our most recent
Crain decision, No. 16646, ___ W. Va. ___, ___ S.E.2d ___ (Dec. 15,
1994).
As indicated above, the parties agree to meet with the
Special Master before the year's end to review all areas of
operation of the new facility and to assure that all of this
Court's mandates have been met. Until the Court has been informed
that the WVP has been closed, this case will remain on the Court's
docket. We, therefore, direct the parties to appear before this
Court on March 7, 1995, to present a status report.
Continued.
Footnote: 1 MOCC was dedicated on December 12, 1994.
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