CRAIN v. BORDENKIRCHER

No. 16646.

376 S.E.2d 140 (1988)

Robert Carl CRAIN, et al. v. Donald E. BORDENKIRCHER, Warden, West Virginia Penitentiary, et al.

Supreme Court of Appeals of West Virginia.

Rehearing Denied December 21, 1988.


Attorney(s) appearing for the Case

Schrader, Stamp, Byrd, Bryum & Companion, James F. Companion, William D. Wilmoth, Barbara L. Baxter, Wheeling, for appellant.

Silas B. Taylor, Deputy Atty. Gen., Charleston, for appellee.


BROTHERTON, Justice:

This proceeding originated in a consolidated action for habeas corpus instituted by the plaintiffs in 1981 to secure relief from conditions of imprisonment at the West Virginia Penitentiary in Moundsville. On June 10, 1981, the Honorable Arthur M. Recht of the First Judicial Circuit was appointed to conduct the hearings and trial on the issue of whether the conditions of confinement at the West Virginia Penitentiary were unconstitutional as cruel...

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