Case law

Michael J. Kanode Sr. v. Hon. Derek C. Swope, Judge

West Virginia Supreme Court · May 3, 2013

Hey 197 W.Va. 207, 475 S.E.2d 299 (1996) (“[A]bsolute judicial immunity applies (1) to all judicial act[s]; unless (2) those acts fall clearly outside the judge’s subject matter jurisdiction.”). … Code, 29–12A–4(c) can survive immunity from liability under the general grant of immunity in W.Va. Code, 29–12A–4(b)(1).”). 11 The standard for determining qualified immunity is set forth in Syl.

Fisk v. Lemons

201 W. Va. 362 · West Virginia Supreme Court · Dec 12, 1997

The provisions of The Governmental Tort Claims and Insurance Reform Act, West Virginia Code §§ 29-12A-1 to -18 (1992), clearly contemplate that immunity will be extended to a political subdivision in connection with a claim … Both the Commission and the Sheriff qualify as "political subdivision[s]” within the meaning of the Act under the definitional provision found in West Virginia Code § 29-12A-3(c), which expressly includes "any county commission

Michael J. Kanode, Sr. v. Lt. Mike Gills

West Virginia Supreme Court · May 24, 2013

to defeat a claim of qualified immunity for Respondent Gills, Respondent Ellison, and Respondent Wills. … Respondents’ defenses are 4 The standard for determining qualified immunity is set forth in Syl. Pt. 6, City of Saint Albans v.

Rocco S. Fucillo v. Cynthia Kerner

231 W. Va. 195 · West Virginia Supreme Court · Jun 5, 2013

Because the order at issue in this case is an interlocutory order predicated in part on qualified immunity, we find that the order is subject to immediate appeal under Robinson and Jarvis. … The petitioners also raised the defenses of prosecutorial immunity, qualified immunity, and the public duty doctrine.

Martin v. Mullins

170 W. Va. 358 · West Virginia Supreme Court · Jul 7, 1982

A compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights that his action cannot … Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980): As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant.

Brown v. City of Wheeling

212 W. Va. 121 · West Virginia Supreme Court · Aug 2, 2002

Thus I cannot advise the Board of Trustees that thei'e is a clearly established legal basis for them to recognize a claim for benefits under the provision of W.Va.Code 8-22-9(a)(l) in this particular case. … should be estopped from raising the immunity created by the [political subdivision immunity] statute.”

Fisher v. Ohio Valley General Hospital Ass'n

137 W. Va. 723 · West Virginia Supreme Court · Dec 22, 1952

It must be observed, however, that the Roberts case does not grant complete immunity to such institutions, but rather a qualified immunity which requires that those who operate the institution must use due care in the selection … We do not believe that any division of immunity as between paying patients and those who accept charity of an institution should be established.

Kanawha County Board of Education, a political subdivision, George Aulenbacher, Principal, Brad Marano, Assistant Principal, John Doe and Jane Doe v. S.D., a minor, by and through her parent and next friend, J.D.

West Virginia Supreme Court · Sep 29, 2023

The parties appear to assume, without addressing, that both orders on appeal qualify for immediate review under the collateral order doctrine. 10 However, it is well established that “[w]here neither party to an appeal … More specifically, we have made clear that even “[i]n cases where interlocutory review of qualified immunity determinations occurs, any summary judgment rulings on grounds other than immunity are reserved for review at

Bowens v. Allied Warehousing Services, Inc.

229 W. Va. 523 · West Virginia Supreme Court · Jun 15, 2012

It has long been held that to establish fraud it must be clearly and specifically alleged: “He who alleges fraud must clearly and distinctly prove it, either by circumstantial or direct evidence. … In response, Allied asserts that the circuit court’s order granting summary judgment and dismissing Bowens’s negligence claims based on workers’ compensation immunity is clearly supported by applicable law and the evidence

Michael W. Wolford and James C. Nelson v. Mountain Top Hunting Club

West Virginia Supreme Court · Nov 20, 2015

Respondents contend that the remarks made by the respondent security guards were privileged under qualified immunity. … immunity protections.

City of Princeton v. Jeffrey Holcomb

West Virginia Supreme Court · Nov 22, 2013

and statutory immunity. … Fairmont City Police Dept., 186 W.Va. 336, 347, 412 S.E.2d 737, 748 (1991) (applying the “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly

Joseph C. McComas II v. Mercer County Board of Education

West Virginia Supreme Court · Sep 5, 2017

Following the hearing, the circuit court granted respondent’s motion for summary judgment on the basis of qualified immunity. … On appeal, petitioner raises no argument as to why the circuit court’s granting of summary judgment in favor of respondent on the basis of qualified immunity is improper.

Boggs v. Board of Education

161 W. Va. 471 · West Virginia Supreme Court · Apr 7, 1978

With respect to matters within the scope of this statute the Legislature has clearly limited the county court’s right to raise the shield of governmental immunity, and we hold that the statute applies in the case before us … Const., art. 6, § 35 as protection against suit. *478 By stating that the Legislature could withdraw the shield of immunity from boards of education, the Green court clearly implied that the immunity was not founded in W.Va

Michael v. Marion County Board of Education

198 W. Va. 523 · West Virginia Supreme Court · Dec 9, 1996

Fairmont City Police Department, 186 W.Va. 336 , 412 S.E.2d 737 (1991), that “the general rule of construction ... favor[s] liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances … There is no dispute that each of the employers in these three cases qualifies as a political subdivision.

In re Aaron Thomas M.

212 W. Va. 604 · West Virginia Supreme Court · Nov 27, 2002

random drug screens; to apply to HUD for housing assistance; to maintain adequate housing for the children; to cooperate •with in-home services designed to improve her parenting skills; to attend GED classes in order to qualify … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Precision Pipeline, LLC, Jason Stromberg, and Vanessa Stromberg v. Mark Weese

West Virginia Supreme Court · Mar 6, 2023

Code § 23-2-6 (1991) to provide qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. … Clearly, respondent, who concedes that he was injured in the course of and as a result of his employment, could have maintained an action against Precision under the common law principles of master and servant.

Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

West Virginia Supreme Court · Sep 26, 2013

Vol. 2009) (“As used in this section, ‘duly qualified emergency service worker’ means: [a]ny duly qualified full or part-time paid, volunteer or auxiliary employee of this state . . . performing emergency services in this … However, in establishing this emergency service worker immunity, the Legislature correspondingly also has preserved the rights of individuals to receive compensation or benefits secured to them by law.

Dreama Bowden, Administratrix v. Monroe County Commission

232 W. Va. 47 · West Virginia Supreme Court · Sep 27, 2013

That is clearly incorrect, as West Virginia Code §§ 19-20-2 and -6 both provide authority to seize, impound, and sell or destroy tax delinquent dogs and unregistered dogs, respectively. … Va. at 347, 412 S.E.2d at 748 (applying “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity . . . the general

Edward and Mary Ann Hodgson v. W. Va. Dept. of Corrections

West Virginia Supreme Court · Apr 21, 2017

The circuit court found both that the individual respondents were not deliberately indifferent to petitioner’s serious medical need and that they had qualified immunity from petitioner’s action. … Given that qualified immunity affords immunity from having to undergo a trial rather than just a defense to liability, a claim of immunity, “where ripe for disposition, should be summarily decided before trial.”

Benson v. Kutsch

181 W. Va. 1 · West Virginia Supreme Court · Mar 28, 1989

function or thwarting of established public policy. … It must be remembered that local governmental immunities were originally judicially established and were not the product of statutes. Consequently, they could be judicially removed.