Hess v. West Virginia Division of Corrections

The West Virginia Division of Corrections (“DOC” or “the Appellant”) appeals from an Order entered by the Circuit Court of Kanawha County, West Virginia, denying its Motion to Dismiss. The motion was based upon qualified immunity and the Appellee’s, Frenchie Hess, Jr.’s, failure to exhaust prison remedies as set forth in West Virginia Prisoner Litigation Reform Act, West Virginia Code §§ 25-1A-1 to -8 (2008), prior to filing the instant action. 1 Based upon a review of the parties’ briefs, the record and all other matters submitted before the Court, the circuit court’s decision is affirmed.

I.…