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· 7/8/1998

Nobles v. Duncil

Citations

  • 505 S.E.2d 442
  • 202 W. Va. 523
  • 1998 W. Va. LEXIS 85

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, to establish prison official’s “deliberate indifference” to inmate’s serious medical need, treatment, or lack thereof, must be so grossly incompetent, inadequate, or excessive as to shock conscience or be intolerable to fundamental fairness
  • holding that, to establish deliberate indifference to a serious medical need, an inmate must show that “the treatment, or lack thereof, [is] so grossly incompetent, inadequate, or excessive as to shock the conscience or be intolerable to fundamental fairness”
  • holding, in pertinent part, that, a prisoner’s right to cross-examine adverse witnesses may be limited if “the hearing officer specifically finds good cause for not allowing confrontation”
  • stating that deference is given to prison administrators’ judgment
  • “We must be careful not to substitute our judgment for that of prison administrators.”
  • “Mandamus is a proper remedy to compel tribunals and officers exercising discretionary and judicial powers to act, when they refuse so to do, in violation of their duty, but it is never employed to prescribe in what manner they shall act, or to correct errors they have made.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Maynard, Starcher, Pratt

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.