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Opinions

The Southern District of West Virginia offers a database of opinions starting in the year 2001, listed by year and judge. For a more detailed search, enter the keyword or case number in the search to the right or sort using the drop-downs below.

West Virginia Rivers Coalition, Inc., and 350.org v. John B. McCuskey 10/29/2026
2:26-cv-00679

Memorandum Opinion And Order

The Attorney General of West Virginia has used the State’s power to compel two citizen organizations to open ten years of their files: their drafts and internal arguments, the groups they have funded, the people who serve on their boards, the coalitions they have joined, and what they have told the agencies they petition. Neither organization markets goods nor services relevant to the subpoenas. The Attorney General identifies no consumer who was cheated, no sale, and no purchase made in reliance on anything either group said.

Author:
Joseph R. Goodwin
Cheryl Fox, v. Herbert J. Thomas Memorial Hospital, et al. 09/29/2026
2:25-cv-00752

Memorandum Opinion And Order

Pending is Defendants S.C. Adkins,1 City of South Charleston, A. Davis, Andrew Ferrebee, and Jacob Poland’s (collectively, the “South Charleston Defendants”), Motion to Dismiss. [ECF No. 12].2 Plaintiffs responded in opposition, [ECF No. 22], to which the South Charleston Defendants replied, [ECF No. 23]. The matter is ripe for adjudication.

Author:
Joseph R. Goodwin
Tamara D. Amick, v. Christal G. Perry, et al. 08/25/2026
2:25-cv-00549

Order

Pending is Defendants Christal G. Perry and Mark Hunt’s Motion for Leave to File Motion for Summary Judgment, [ECF No. 33]. Plaintiff Tamara D. Amick did not respond.1 The matter is ripe for adjudication.

Author:
Joseph R. Goodwin
Yuri Jhoana Gutierrez Aroca, Arley Cabrera Valenzuela, v. Christopher Mason, et al., 08/11/2026
2:26-cv-00057

Memorandum Opinion And Order

On February 5, 2026, this court held a show cause hearing and granted Petitioners’ Petition for Writ of Habeas Corpus, [ECF Nos. 29, 30]. In that Order the court “DIRECTED [Respondents] to return all seized personal items of the Petitioners.” [ECF No. 30, at 2]. On March 20, 2026, Petitioners filed a motion to enforce the court’s order, hold Respondents in civil contempt, and impose sanctions, [ECF No. 35], because not all of the Petitioners’ property has been returned.

Author:
Joseph R. Goodwin
Maria Barnhart v. Cornerstone Building Brand Services, Inc. 07/27/2026
2:25-cv-00613

Memorandum Opinion and Order

Pending before the court is Defendant Cornerstone Building Brand Services, Inc.'s ("Cornerstone") Motion to Dismiss or Alternatively to Transfer Venue. [ECF No. 8]. Plaintiff Maria Barnhart filed a response, [ECF No. 16], to which Cornerstone replied, [ECF No. 17]. For the reasons below, the Motion, [ECF No. 8], is DENIED.

Author:
Joseph R. Goodwin
Jonathan R., et al., v. Patrick Morrisey, et al. 07/09/2026
3:19-cv-00710

Order

In 2019, Plaintiffs, a class of children in West Virginia state foster care custody, filed their class action complaint. [ECF No. 1]. They allege that Defendants, state executives, violated constitutional and statutory rights by the state’s policies and practices regarding foster care. Id. The Plaintiffs’ depiction of the foster care system is bleak, dysfunctional, underfunded, and in violation of the United States Constitution and West Virginia law. Id.

Author:
Joseph R. Goodwin
U.S. Equal Employment Opportunity Commission, v. Wrightway Ready-Mix, LLC, et al. 06/25/2026
2:25-cv-711

Memorandum Opinion And Order

Pending are Defendants Wright Concrete & Construction, Inc. ("Wright Concrete") and Wright-Mix Materials Solutions, LLC's ("Wright-Mix") (together the "Mix/Concrete Defendants") Motions to Dismiss First Amended Complaint, [ECF Nos. 41, 43]. Plaintiff United States Equal Employment Opportunity Commission ("the EEOC" or "the Commission") responded in opposition to Wright-Mix's motion to dismiss, [ECF No. 45], to which Wright-Mix replied, [ECF No. 54]. The EEOC thereafter moved to strike Wright-Mix's Reply in Support of Its Motion to Dismiss as untimely. [ECF No. 57]. The EEOC further responded in opposition to Wright Concrete's motion to dismiss, [ECF No. 53], to which Wright Concrete replied, [ECF No. 59].

Author:
Joseph R. Goodwin
United States of America v. Daemien Thompson 05/28/2026
5:24-cr-00031-3

Memorandum Opinion And Order

Pending are Defendant Daemien Thompson's objections to the Presentence Investigation Report ("PSR"). Mr. Thompson objects to paragraph 46, asserting the career offender enhancement is inapplicable. He further objects to paragraphs 9, 24–26, 28–30, 35, and 37–40, challenging certain drug weight attributed to him by co-defendant John Gray. Mr. Thompson contests the reliability of Mr. Gray's statements to law enforcement as "false," "inconsistent," and "unreliable." [ECF 402; see also ECF 407 at 2–6; ECF 435]. The matter is ready for adjudication.

Author:
Frank W. Volk
United States of America v. Emmanuel Covington 05/26/2026
5:25-cr-00110

Memorandum Opinion And Order

Pending are Defendant Emmanuel Covington’s objections to the Presentence Investigation Report (“PSR”). Mr. Covington objects to the PSR’s computation of his criminal history points in Paragraphs 43, 44, 45, and 46 of the Presentence Investigation Report (“PSR”) inasmuch as he urges he should receive six total criminal history points rather than eight. Additionally, Mr. Covington objects to the resulting criminal history category of IV reflected in Paragraphs 77 and 118 inasmuch as he urges his criminal history category should be calculated as III rather than IV based upon six rather than eight criminal history points.

Author:
Frank W. Volk
United States Of America, v. Cornell Cordon 05/07/2026
2:25-cr-00142

Memorandum Opinion And Order

On May 7, 2026, the court held a sentencing hearing for Defendant Cornell Cordon. At the hearing, the parties presented opposing arguments regarding the appropriate base offense level for the calculation of Defendant’s advisory Guidelines range. For the reasons that follow, I find that Defendant’s prior criminal conviction establishes him as a Tier III sex offender under the advisory Guidelines.

Author:
Joseph R. Goodwin

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