State Ex Rel. Sams v. Commissioner, West Virginia Division of Corrections

The Opinion of the Court was delivered PER CURIAM.

Justice STARCHER concurs and reserves the right to file a concurring opinion.

This Court sua sponte1 issued an order on July 11, 2005, directing that the Respondents file a statement2 regarding the extent to which each component of the September 20, 2002, Long-Term Plan for Reducing the Number of State Prisoners Held in County and Regional Jails3 (hereinafter referred to as “Long Term Plan”) has been implemented. Following oral argument on this critical issue of overcrowding combined with review of the relevant reports and case history of this…