State Ex Rel. B. S. v. Hill

HARSHBARGER, Justice:

B. S., a fifteen-year-old male, was incarcerated in the Russell L. Daugherty 1 Sta tus Offense Facility at Ona, West Virginia, on December 9, 1981, for incorrigibility and truancy, status offenses. His habeas corpus petition alleged his confinement violated his statutory and constitutional rights. W.Va.Const. art. Ill, §§ 5 and 10; W.Va. Code, 49-5B-1 et seq. He objected to staff use of passive physical restraint on him, and to the State’s failure to accord him the least restrictive alternative at his disposi-tional hearing.

The facility was opened in 1981, licensed by the…