Senate
House
Joint
Bill Status
WV Code
Audits/ Reports
Educational
Contact
home
home

West Virginia Court of Claims

Volume Number: 30
Category(s): PRISONS AND PRISONERS
Opinion Issued November 26, 2013
WV REGIONAL JAIL AUTHORITY
VS.
DIVISION OF CORRECTIONS
(13-0549)
     Claimant by Shane McCullough, General Counsel.
     John H. Boothroyd, Assistant Attorney General, and Cynthia R.M. Gardner, Assistant Attorney General, for Respondent.
     PER CURIAM:
     
      This claim was submitted for decision based upon the allegations in the Notice of Claim and the Respondent's Answer.
      Claimant, Regional Jail Authority, provides and maintains the Central Regional Jail, Eastern Regional Jail, Northern Regional Jail, North Central Regional Jail, Potomac Highlands Regional Jail, South Central Regional Jail, Southern Regional Jail, Southwestern Regional Jail, Tygart Valley Regional Jail, and Western Regional Jail as facilities for the incarceration of prisoners who have committed crimes in various counties. Some of the prisoners held in these regional jails have been sentenced to facilities owned and maintained by the Respondent, Division of Corrections. Claimant brought this action in the amount of $2,645,204.00 to recover the per diem costs associated with housing and providing services to prisoners who have been sentenced to a State penal institution, but due to circumstances beyond the control of the Claimant, have remained in the regional jails.
      Respondent filed an Answer admitting the validity of the claim and that the amount of the claim is fair and reasonable.
      This Court has determined in prior claims by Claimant for the cost of housing inmates that Respondent is liable to Claimant for these costs, and the Court has made the appropriate awards. This issue was considered by the Court previously in the claim of County Comm'n. of Mineral County v. Div. of Corrections, 18 Ct. Cl. 88 (1990), wherein the Court held that the Respondent is liable for the cost of housing inmates.
      In view of the foregoing, the Court makes an award to Claimant in the amount of $2,645,204.00.
      Award of $2,645,204.00.
Summary:
     


If your search was unsuccessful, please try the full volume in Archived Decisions


Decisions | Summary | Rules | FAQ | Crime Victims | Judges | CoC Home
This Web site is maintained by the West Virginia Legislature's Office of Reference & Information.  |  Terms of Use  |   Web Administrator   |   © 2014 West Virginia Legislature ****