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HARRAH v. LEVERETTE

Nos. 14321, 14322, 14338, 14339, 14346, 14341, 14347, 14361, 14354, 14342, 14416, 14431, 14368, 14428, 14369, 14370 and 14405.

271 S.E.2d 322 (1980)

Charles HARRAH, Lester Henderson, Gordon Dean Hall, Thomas Meredith, Larry J. Ganoe, Nathan Jackson Toler, Robin Elliotte Workman, Gordon Michael Baker, Darrell Crum, Charles Crowder, State ex rel. Terry Allen Akers, State ex rel. Gary W. Guiler v. Bobby J. LEVERETTE, Superintendent, West Virginia Penitentiary et al. David E. TAWNEY and Danny Barker v. Richard MOHN, Superintendent, West Virginia Penitentiary et al. Roy Lee HARLESS, Jackie Lee Mullins and Donald E. Pennington v. William R. WHYTE, Superintendent, Huttonsville Correctional Center et al.

Supreme Court of Appeals of West Virginia.

October 7, 1980.

Attorney(s) appearing for the Case

E. Joseph Buffa, Charleston, for Harrah and Henderson.

G. Charles Hughes, Moundsville, for Hall, Meredith, Ganoe, Tawney and Barker.

Hugh Rogers, Kerens, for Toler, Workman, Baker, Harless, Mullins and Pennington.

David Grabill, Charleston, for Crum and Crowder.

William E. Galloway, Weirton, for Akers and Guiler.

Chauncey H. Browning, Atty. Gen., Richard E. Hardison, Deputy Atty. Gen., Joseph C. Cometti, Asst. Atty. Gen., Charleston, for respondents.

HARSHBARGER, Justice:

Relators, inmates at Huttonsville Correctional Center, seek unconditional release from confinement because they were deprived of their federal and state constitutional rights to due process of law and freedom from cruel and unusual punishment following a riot at the prison on Labor Day weekend, 1978. This Court ordered that a writ of habeas corpus ad subjiciendum issue, and appointed James C. West, Jr., as Commissioner to prepare written...

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