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McCORMICK v. DEPT. OF PUBLIC SAFETY

No. 24446.

503 S.E.2d 502 (1998)

202 W.Va. 189

Robert W. McCORMICK, as Personal Representative of the Estate of Alicia A. McCormick, Plaintiff below, Appellant, v. WEST VIRGINIA DEPARTMENT OF PUBLIC SAFETY, Division of Corrections, Joseph Skaff, Individually and in his Official Capacity as Secretary of the Department of Public Safety, Ron Gregory, Individually and in his Official Capacity as Past Commissioner of the West Virginia Division of Corrections, Karen Schumaker, Individually and in her Official Capacity as former Chief of Community Services with the Division of Corrections, Donald Smith and Harold D. Gunnoe, Defendants below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided May 8, 1998.

Attorney(s) appearing for the Case

Mike Kelly, Lonnie C. Simmons, DiTrapano & Jackson, Charleston, for Appellant.

John R. Fowler, Mary Sanders, Kathleen H. Jones, Huddleston, Bolen, Beatty, Porter & Copen, Charleston, for Appellee Smith.

David P. Cleek, Marilyn T. McClure, Lou Ann S. Cassell, McQueen, Harmon, Potter & Cleek, L.C., Charleston, for State Appellees.

Marc P. Turgeon, Charleston, for Appellee Gunnoe.

PER CURIAM:1

This case arises from the July, 1991 murder of Alicia McCormick, a Charleston, West Virginia social worker. Ms. McCormick was stabbed to death in her apartment by Harold D. Gunnoe ("Gunnoe"), an inmate at the Charleston Work Release Center ("CWRC"), operated by the appellee West Virginia Department of Public Safety, Division of Corrections ("DOC"), a state agency. At the time of Ms. McCormick's murder, she was living in an...

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