W. Va. Dep’t of Health & Human Res. v. E.H. (Signed Opinion)
Annotate this CaseThis institutional reform litigation began in 1981 when a group of patients filed a mandamus action seeking judicial intervention for deplorable conditions in West Virginia’s mental institutions. In these consolidated appeals, Petitioner, the West Virginia Department of Health and Human Resources, Bureau for Behavioral Health and Health Facilities (“the DHHR”), sought relief from two 2014 orders of the circuit court. The Supreme Court affirmed in part and reversed in part, holding that the circuit court (1) erred in refusing to certify its prior rulings on appeal as partial final judgments; (2) did not exceed its authority under the separation of powers doctrine and West Virginia precedent by compelling the DHHR to comply with an agreed order entered in 2009 through the immediate implementation of a pay raise restructuring plan at two state mental health hospitals; and (3) did not abuse its discretion by compelling the DHHR to develop a plan that included the means to increase salaries of existing direct care employees, as required by the 2009 agreed order.
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