Civil Action No. 2:08-cv-326.

659 F.Supp.2d 755 (2009)

Boyd GILMORE, Plaintiff, v. Rebecca BOSTIC, Kanawha County Adult Probation Department, West Virginia Board of Probation and Parole, Huttonsville Correctional Center Defendants: William Haines, Warden, Teresa Waid, Deputy Warden, Debra Cottrell, Classification Director, Kenneth Akins, Case Manager and Classification Committee Chair, Karen Teter, Records Department, St. Mary's Correctional Center Defendants: William Fox, Warden, Misty Adams, Case Supervisor, Dan Kimble, Original Classification Director, Robert Parker, Unit Manager, Russell Maston, Records Supervisor, Karol Payne, Unit Manager and Later Classification Director, Joyce Bills, Institutional Parole Officer, Mount Olive Correctional Complex Defendants: David Ballard, Warden, Tom Summerrell, Case Supervisor and Classification Committee Chair, Janet Payne, Unit Manager, Lee Harper, Case Manager, Paul Lyttle, Associate Warden of Programs, Dorothy Kerr, Classification Chair, Lori Burford, Records Supervisor, Division of Corrections Defendants: Jim Rubenstein, Commissioner, Steve Yardly, Deputy Commissioner, Charlene Sotak, Inmate Grievance Coordinator, Mental Health Unit Defendants at Mount Olive: Cheryl Snyder, Administrator of Mental Health, Cristy Flores, MHU, Licensed Social Worker, Tim Carper, MHU, Licensed Social Worker, Defendants.

United States District Court, S.D. West Virginia, Charleston Division.

September 22, 2009.

Attorney(s) appearing for the Case

Thomas J. Gillooly, Charleston, WV, for Plaintiff.

Teresa J. Lyons, Byrne Hedges & Lyons, Morgantown, WV, Mary Beth Chapman, Pullin Fowler Flanagan Brown & Poe, Beckley, WV, Frank T. Litton, Jr., Litton Law Office, Charleston, WV, for Defendants.


JOHN T. COPENHAVER, JR., District Judge.

Pending are the motions to dismiss of the Prison Defendants,1 filed May 8, 2009, and defendant Rebecca Bostic, filed May 11, 2009.

This action arises from the plaintiff's claim that, although he pled guilty to and was sentenced for the offense of burglary, he has been designated by the Prison Defendants as a "sex offender" and required to participate...

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