Goe v. Browning

NEELY, Justice:

In this mandamus action the petitioner, Norval D. Goe, executor of the estate of William Robert Goe, seeks to compel the respondent, the Attorney General of the State of West Virginia, to represent William Goe’s estate in a civil rights action brought under 42 U.S.C. § 1983. For the reasons set forth below, we believe the Attorney General has a clear legal duty to represent the estate and, therefore, we award the writ.

On 30 July 1980, Byron D. Dennison filed a civil rights suit under 42 U.S.C. § 1983 in the United States District Court for the Southern District of West Virginia…