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HESS v. WEST VIRGINIA DIV. OF CORRECTIONS

No. 35496.

705 S.E.2d 125 (2010)

Frenchie HESS, Jr., Plaintiff Below, Appellee v. WEST VIRGINIA DIVISION OF CORRECTIONS, Defendant Below, Appellant.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2010.

Attorney(s) appearing for the Case

Dwayne E. Cyrus, Esq. , Jason Eric Wandling, Esq. , Shuman, McCuskey & Slicer, Charleston, WV, for Appellant.

Larry O. Ford, Esq. , Craig B. Giffen, Esq. , Meyer, Ford, Glasser & Radman, for Appellee.

PER CURIAM:

The West Virginia Division of Corrections ("DOC" or "the Appellant") appeals from an Order entered by the Circuit Court of Kanawha County, West Virginia, denying its Motion to Dismiss. The motion was based upon qualified immunity and the Appellee's, Frenchie Hess, Jr.'s, failure to exhaust prison remedies as set forth in West Virginia Prisoner Litigation Reform Act, West Virginia Code §§ 25-1A-1 to -8 (2008), prior to filing the instant action...

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