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CLINE v. FOX

No. CIV.A.1:00 CV 175.

319 F.Supp.2d 685 (2004)

Roger E. CLINE, Plaintiff, v. William M. FOX, Warden, and James Rubenstein, Commissioner, Defendants.

United States District Court, N.D. West Virginia.

May 7, 2004.

Attorney(s) appearing for the Case

Robert M. Bastress, Esquire, WVU College of Law, Morgantown, WV, for Plaintiff Roger E. Cline.

Barry L. Koerber, Esquire, Assistant Attorney General, Charles Houdyschell, Esquire, Assistant Attorney General, Jendonnae L. Houdyschell, Attorney General Office, State Capitol Complex, Charleston, WV, Daynus Jividen, Esquire, Senior Assistant Attorney General, WV Division of Corrections, Charleston, WV, for Defendant William M. Fox, Warden.

Barry L. Koerber, Esquire, Assistant Attorney General, Charleston, WV, for Defendant James Rubenstein, Commissioner.

MEMORANDUM OPINION AND ORDER

KEELEY, District Judge.

Before the Court are cross-motions for summary judgment filed by the plaintiff, Roger Cline, and the defendants, William F. Fox and James Rubenstein. Generally stated, the question presented by these motions is whether West Virginia Department of Corrections Policy Directive 503.00,1 on its face and as applied, is unconstitutional. The Court finds that Policy Directive...

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