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Wagner v. Burke
IN THE SUPREME COURT OF APPEALS OF WEST VIRGINIA January 1992 Term ____________ No. 21018 ____________ GREGORY WAGNER, M.D., MEMBER OF THE WEST VIRGINIA REGIONAL JAIL AND PRISON STANDARDS COMMISSION, AND CHAIRPERSON OF THE FACILITIES REVIEW PANEL, ON BEHALF OF THE PANEL: GREGORY WAGNER, DANIEL F. HEDGES, IRENE BERGER, JANE MORAN AND FRANKLIN D. CLECKLEY, Petitioner, v. BILLY BURKE, DIRECTOR, WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY, AND JACK ALSOP, CHAIRPERSON, WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY, Respondents __________________________________________________ WRIT OF MANDAMUS WRIT DENIED ___________________________________________________ Submitted: May 5, 1992 Filed: July 23, 1992 Mary Downey Director/Legal Counsel Facilities Review Panel Charleston, West Virginia Counsel for Petitioner Silas B. Taylor Senior Deputy Attorney General Richard M. Gutmann Assistant Attorney General State of West Virginia Charleston, West Virginia Counsel for Respondents

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This Opinion was delivered PER CURIAM. SYLLABUS BY THE COURT "A writ of mandamus will not issue unless three elements co-exist--(1) a clear legal right in the petitioner to the relief sought; (2) a legal duty on the part of respondent to do the thing which the petitioner seeks to compel; and (3) the absence of another adequate remedy." Syl. Pt. 2, State ex rel. Kucera v. City of Wheeling, 153 W. Va. 538, 170 S.E.2d 367 (1969). Per Curiam: Petitioner, Gregory Wagner, M.D., brings this petition seeking a writ of mandamus pursuant to this Court's original jurisdictionSee footnote 1 on behalf of the Facility Review Panel.See footnote 2 Petitioner seeks to compel respondents Billy Burke as Director of the Regional Jail and Correctional Facility Authority and Jack Alsop as the Chairperson of the West Virginia Regional Jail and Correctional Facility Authority to revise the architectural plans for the South Central Regional Jail ("jail"). The specific revisions sought by petitioner are the creation of an outdoor exercise space measuring sixty feet by eighty feet with adequate space and equipment to permit outdoor sports activities and the elimination of double celling in the architectural design for jail cells measuring approximately seventy feet. Having fully reviewed this matter, we determine that sufficient grounds do not exist for the issuance of a writ of mandamus at this time. Accordingly, the writ of mandamus is denied. The only regional jail at issue here is the one which is to be built in Kanawha County, West Virginia. Petitioner asserts that the architectural plans for the jail violate state regulations pertaining to construction, operation, and maintenance of jails. The regulations at issue were drafted by the West Virginia Jail and Prison Standards Commission pursuant to West Virginia Code

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