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CANTLEY v. REG. JAIL & CORRECTIONAL FACILITY AUTH.

Civil Action No. 3:09-0758.

728 F.Supp.2d 803 (2010)

Michael CANTLEY, individually, and on behalf of a Class of others similarly situated, Plaintiff, v. The WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY; and Terry L. Miller, both individually and in his official capacity as Executive Director of the West Virginia Regional Jail and Correctional Facility Authority, Defendants.

United States District Court, S.D. West Virginia, Huntington Division.

August 5, 2010.

Attorney(s) appearing for the Case

D. Aaron Rihn, Robert Peirce & Associates, Pittsburgh, PA, Daniel R. Karon, Goldman Scarlato & Karon, Cleveland, OH, Donna F. Solen, Gary E. Mason, Nicholas A. Migliaccio, The Mason Law Firm, Washington, DC, Elmer Robert Keach, III, Law Offices of Elmer Robert Keach, III, Amsterdam, NY, Elgine Heceta McArdle, McArdle Law Office, Wheeling, WV, for Plaintiff.

David J. Mincer, Joshua K. Boggs, Bailey & Wyant, Charleston, WV, for Defendants.

MEMORANDUM OPINION AND ORDER

ROBERT C. CHAMBERS, District Judge.

Pending before the Court is a Motion to Dismiss by Defendants The West Virginia Regional Jail and Correctional Facility Authority (WVRJA) and Terry L. Miller. [Doc. No. 16]. Upon consideration of the arguments by the parties, the Court DENIES Defendants' motion.

I.

FACTS

On October 9, 2009, Plaintiff Michael Cantley, individually and on behalf of a Class...

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