ACLU-WV v. DCR et al.

  • Filed: 02/09/2023
  • Status: Active
  • Court: Kanawha County Circuit Court
  • Latest Update: Feb 09, 2023
A blue sign with gold text displays the WV Division of Correction of Rehabilitation outside of the parking lot for the building. The building is off-white with long, vertical windows and is surrounded by a black metal fence.

Summary

The West Virginia Division of Corrections refused to provide our staff with a full copy of its policy directives, despite the state code requiring it to do so. We’re suing for full access to these records.

In January 2023, ACLU-WV staff requested a copy of the West Virginia Division of Corrections’ (DCR) Policy Directives. DCR refused to provide all policy directives, despite having previously incorporated them as a public, legislative rule. When our staff attempted to access these documents at the Secretary of State’s office, the state Department of Homeland Security intervened and attempted to stop us from viewing them, thus keeping laws secret from the public. We filed a mandamus in Kanawha County Circuit Court urging the Court to direct DHS and DCR to make all DCR policy directives available to the public.

Case Number:
23-P-52
Judge:
Carrie Webster
Attorney(s):
Aubrey Sparks, Nicholas Ward