State ex rel. McDowell County Sheriff's Department v. Stephens

McHUGH, Justice:

In this original prohibition proceeding, petitioners, the McDowell County Sheriffs Department; Sheriff R.J. Allen; Chief Deputy John Church; Deputy Sheriffs Ronald Blevins, John Doe, Richard Rowe and others whose identities are unknown, seek to prohibit respondent, the Honorable Booker T. Stephens, Judge of the Circuit Court of McDowell County, from reinstating Civil Action No. 92-C-87-S.1 Upon consideration of the petition and the responses thereto, we conclude that the writ of prohibition should be granted.

I

On February 11, 1992, Sheila and Gene Gagean (hereinafter…