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SKAFF v. WEST VIRGINIA HUMAN RIGHTS COM'N

No. 21869.

444 S.E.2d 39 (1994)

191 W.Va. 161

Major General Joseph J. SKAFF, Secretary of the West Virginia Department of Public Safety; William Duncil, Warden, Huttonsville Correctional Center; and William Iseli, Captain, Huttonsville Correctional Center, Appellants, v. WEST VIRGINIA HUMAN RIGHTS COMMISSION, William Hawkins and Alonzo Pendleton, Appellees.

Supreme Court of Appeals of West Virginia.

Decided April 20, 1994.

Attorney(s) appearing for the Case

Rita A. Stuart, Sp. Asst. Atty. Gen., Div. of Corrections, Charleston, for appellants.

Darrell V. McGraw, Jr., Atty. Gen., Paul R. Sheridan, Sr. Asst. Atty. Gen., Civ. Rights Div., Charleston, for appellee the W.Va. Human Rights Com'n.

Franklin D. Cleckley, Morgantown, for amicus curiae, W.Va. State Branches of the NAACP.

Daniel F. Hedges, Charleston, for appellees William Hawkins and Alonzo Pendleton.

MILLER, Justice:

In this appeal, we are asked to determine whether the West Virginia Human Rights Commission (HRC) has jurisdiction to accept complaints of racial discrimination by inmates in the State's penal institutions. The appellants are several officials authorized by law to administer our penal institutions. They appeal an adverse ruling of the HRC holding that it does have jurisdiction.

The basis for the HRC's assumption of jurisdiction was its belief...

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