John T. Gribben, et al. v. Colonel Thomas Kirk, Superintendent of the Division of Public Safety, et al., No. 22910 (W. Va. December 8, 1995) (Cleckley, J.):195 W.Va. 488, 466 S.E.2d 147:
Affirming a $1.2 million back pay and interest award to state troopers who were not paid for overtime worked, the Court, without overruling Ables v. Mooney, 164 W. Va. 19, 264 S.E.2d 424 (1979), which bars an action against the State to obtain a retroactive monetary recovery, held that (1) mandamus will lie against a state official to adjust prospectively his or her conduct to bring it into compliance with any statutory or constitutional standard; (2) the critical date for distinguishing between prospective and retroactive relief is the date of the action and not the date of the judgment; and (3) in cases of "special damages," prejudgment interest must be awarded as a matter of right.