STATE EX REL. BERRY v. McBRIDE

No. 30696.

625 S.E.2d 341 (2005)

218 W.Va. 579

STATE of West Virginia ex rel. James William BERRY, Sr., Petitioner, v. Thomas L. McBRIDE, Warden, Mt. Olive Correctional Center, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 30, 2005.


Attorney(s) appearing for the Case

Jason E. Huber, Esq., Forman & Huber, PC, Charleston, for Petitioner.

Darrell V. McGraw, Jr., Attorney General, Charles P. Houdyschell, Assistant Attorney General, Charleston, for Respondent.


Justice STARCHER delivered the Opinion of the Court.

STARCHER, J.

In the instant case we adopt the recommendations of a special master appointed by this Court and hold that double-bunking in correctional facilities is not barred by State regulations; and that the decision whether an inmate should or should not be housed in a single cell must be made pursuant to enforceable standards, policies, and procedures that are based on pertinent medical and other relevant...

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