BENNETT v. WESTFALL

Civ. A. No. 85-1586.

640 F.Supp. 169 (1986)

Rusty Allen BENNETT, Individually and on behalf of himself and all other inmates of the jail, Plaintiff, v. Robert WESTFALL, Individually and in his official capacity as Sheriff of Jackson County, West Virginia; Stan Rawlings, Individually and in his official capacity as Jackson County Commissioner and as Representative of all other members of the Commission; Roger Fisher, individually and in his official capacity as Jackson County Commissioner and President of the Jackson County Commission and as Representative of all other members of the Commission; Emerson Snyder, individually and in his official capacity as Jackson County Commissioner and as Representative of all other members of the Commission; Rick Casto, Individually and in his official capacity as Jailer; Annable Durst, Individually and in her official capacity as Clerk of the Jackson County Commission, Defendants.

United States District Court, S.D. West Virginia, Parkersburg Division.

July 22, 1986.


Attorney(s) appearing for the Case

Rusty Allen Bennett, pro se.

John D. Hoffman, Pros. Atty. of Jackson County, Ripley, W.Va., for all defendants.

George J. Cosenza, Parkersburg, W.Va., for Westfall and Casto.

Ralph E. Phillips, Ripley, W.Va., for Rawlings, Fisher, Snyder and Taylor.


MEMORANDUM OPINION AND ORDER

HADEN, Chief Judge.

Pending before the Court are a couple of motions, the resolution of which will vitally affect the nature of the present litigation. The Defendants have moved (1) for an order that this action is not maintainable as a class action and (2) for summary judgment. The pro se Plaintiff has responded to both motions after receiving Roseboro notices.1 Consequently, the Court...

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