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BALLARD v. DELGADO

No. 17-0327, No. 17-0328.

826 S.E.2d 620 (2019)

David BALLARD, Kevin McCourt, Jess Mattox, and Hobert Allen, Defendants Below, Petitioners v. Miguel Angel DELGADO, Plaintiff Below, Respondent and David Ballard, Kevin McCourt, Jess Mattox, and Hobert Allen, Defendants Below, Petitioners v. Miguel Angel Delgado, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: March 25, 2019.

Dissenting Opinion of Justice Jenkins April 24, 2019.

Attorney(s) appearing for the Case

John P. Fuller, Esq. , Betsy L. Stewart, Esq. , Michael W. Taylor, Esq. , Bailey & Wyant, PLLC, Charleston, West Virginia, Counsel for the Petitioners Kevin McCourt, Jess Mattox, and Hobert Allen.

William E. Murray, Esq. , Natalie N. Matheny, Esq. , Anspach Meeks Ellenberger LLP, Charleston, West Virginia, Counsel for the Petitioner David Ballard.

Lydia C. Milnes, Esq. , Mountain State Justice, Inc., Clarksburg, West Virginia, Counsel for the Respondent.

In these consolidated appeals, the petitioners (defendants below), David Ballard, Warden at Mount Olive Correction Center ("MOCC"),1 and Kevin McCourt, Jess Mattox, and Hobert Allen, correctional officers at MOCC (collectively the "petitioners"), appeal the Circuit Court of Kanawha County's March 9...

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