Whittaker v. Dove

IN THE UNITED STATES DISTRICT COURT FOR THE SOUTHERN DISTRICT OF WEST VIRGINIA CHARLESTON DIVISION RICHARD WITTAKER, et al., Plaintiffs, v. CIVIL ACTION NO. 2:22-cv-00167 WEST VIRGINIA DIVISION OF CORRECTIONS AND REHABILITATION, et al., Defendants. MEMORANDUM OPINION AND ORDER Pending before the Court is a Motion to Dismiss filed by Defendants Angela Athey (“Defendant Athey”) and Larry Warden (“Defendant Warden”). (ECF No. 3.) For the reasons discussed below, the motion is GRANTED IN PART and DENIED IN PART. I. BACKGROUND This action arises out of the death of Mr. Kevin B. Whittaker…