Legal Opinion
State ex rel. Riley v. Rudloff
West Virginia Supreme Court
Decided December 6, 2002No. 30725PublishedCited by 13 opinions
1Opinion of the Court
DAVIS, Chief Justice:
In this original proceeding in prohibition,1 Jesse Riley, a pretrial detainee of the'state who suffers from mental illness, complains that he has been denied his due process right to medical care by virtue of a provision in W. Va.Code § 27-5-2(a) (2002) (Supp.2002) prohibiting applications for involuntary hospitalization to be filed on behalf of incarcerated persons. Because we agree that the challenged provision of W. Va.Code § 27-5-2(a) is unconstitutional, we grant the writ as moulded.
I
FACTUAL AND PROCEDURAL HISTORY
The petitioner, Jesse Riley, is a diagnosed paranoid…
2Cases cited33 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Bell v. WolfishSupreme Court of the United States · 1979
- DeShaney v. Winnebago County Department of Social ServicesSupreme Court of the United States · 1989
- Kennedy v. Mendoza-MartinezSupreme Court of the United States · 1963
- Gibson v. County of Washoe, NevadaCourt of Appeals for the Ninth Circuit · 2002
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3Cited by13 opinions
- State Ex Rel. Termnet Merchant Services, Inc. v. JordanWest Virginia Supreme Court · 2005
- State v. ArbaughWest Virginia Supreme Court · 2004
- State Ex Rel. Wyant v. BrothertonWest Virginia Supreme Court · 2003
- SER Margaret L. Workman v. Mitch Carmichael, as President of the SenateWest Virginia Supreme Court · 2018
- Jeffrey Allen Irving v. William R. Sharpe, Jr. Hospital, et al.District Court, S.D. West Virginia · 2026
8 more not listed; retrieve them via the Exa API.