Case law

Hutchison v. City of Huntington

198 W. Va. 139 · West Virginia Supreme Court · Nov 15, 1996

in light of clearly established law, to a given (for purposes of appeal) set of facts. … When dealing with hroad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established.

West Virginia Division of Corrections & Rehabilitation v. Damein Robbins

West Virginia Supreme Court · Jun 9, 2023

Those errors relate to one portion of the qualified immunity test (violation of a clearly established right), so we briefly survey pertinent immunities law before addressing the Officers’ specific arguments. … well-established qualified immunity framework.”

R.Q. v. West Virginia Division of Corrections

West Virginia Supreme Court · Apr 10, 2015

Therefore, she asserts that D.F. does not enjoy qualified immunity in this matter. … The WVRJCFA argued that the training, supervision, and retention of correctional officers were inherently discretionary acts for which the State enjoys immunity and that A.B. failed to identify a clearly established right

West Virginia Department of Education v. McGraw

239 W. Va. 192 · West Virginia Supreme Court · May 17, 2017

, qualified immunity bars recovery for Ms. … The DOE argues that qualified immunity bars this claim for two reasons: (1) the facts alleged in the complaint do not outline a liberty interest violation (or any other clearly-established constitutional or statutory violation

West Virginia Department of Human Resources v. A.R.

West Virginia Supreme Court · Mar 5, 2024

When dealing with broad rights, the plaintiff bears the burden of particularizing such a right before those rights are subject to the qualified immunity test of being clearly established. … Were it otherwise, allegations like A.R’s would “grossly oversimplif[y], and frankly nullif[y],” that step of the qualified immunity analysis pertaining to the violation of clearly established statutory or constitutional

Administrator Larry Crawford, individually and in his official capacity, Captain Carl Aldridge, individually and in his official capacity, C.O. Paul Diamond, individually and in his official capacity, C.O. Don Vance, individually and in his official capacity, C.O. David Rodes, individually and in his official capacity, C.O. Joshua Scarberry, individually and in his official capacity, and The West Virginia Regional Jail and Correctional Facility Authority v. Michael A. McDonald

West Virginia Supreme Court · Mar 31, 2023

McDonald disagrees that Petitioners are entitled to qualified immunity. … established law for qualified immunity purposes because it does not prescribe any specific behavior by the supervisory defendants and does not clearly define any rights.

West Virginia Division of Corrections and Rehabilitation v. Billie Taylor

West Virginia Supreme Court · May 2, 2023

Furthermore, the circuit court found questions of fact existed about qualified immunity, namely whether DOCR violated clearly established rights of the respondent about which a reasonable person would have known, or acted … When weighing the evidence regarding qualified immunity at the summary judgment stage, a court is guided by the following standard: The ultimate determination of whether qualified or statutory immunity bars

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 26, 2021

it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

J.H. v. West Virginia Division of Rehabilitation Services

224 W. Va. 147 · West Virginia Supreme Court · Jul 27, 2009

Va.Code, 29-12A-1, et seq., 11 is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading immunity is entitled to dismissal before the commencement of discovery.”

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

[the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which … Code, 29-12A-1, et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 26, 2021

it violated a clearly established law or right in performing its discretionary functions. … Next, we must move forward in the qualified immunity analysis and determine whether J.H. has alleged that the acts of the Trooper Defendants were in violation of clearly established statutory or constitutional rights or

Jackie L. Brown, II v. City of Montgomery

233 W. Va. 119 · West Virginia Supreme Court · Feb 20, 2014

Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable

B.R. v. West Virginia DHHR

West Virginia Supreme Court · Oct 13, 2020

In affirming the circuit court’s decision, this Court found that pleading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity. … I. reveals that this Court reviewed the pleadings and found that “[p]leading simple negligence, without a violation of a clearly established right, is insufficient to overcome qualified immunity.” B.R.I., at *2. In B.

Eric Burke v. Wetzel County Commission

815 S.E.2d 520 · West Virginia Supreme Court · Jun 6, 2018

Lemley is entitled to qualified immunity because he acted in his official capacity and did not violate any clearly established law of which a reasonable official would have known. … Lemley did not violate any clearly established laws of which a reasonable official would have known. Mr.

State ex rel. West Virginia Department of Health & Human Resources v. Kaufman

203 W. Va. 56 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

David Taylor v. George M. Hill

West Virginia Supreme Court · Nov 21, 2014

established law. … Whether respondent had qualified immunity from petitioner’s action The doctrine of qualified immunity affords “immunity to the State and its [public] officer for discretionary acts negligently committed within the

Edward S., Administrator of the Estates of T.S. and A.K., Edward S. and Rachel K., Individually and as Next Friends of J.K. v. Raleigh County Housing Authority

West Virginia Supreme Court · Jun 8, 2023

So, RCHA argued, it was immune from Edward S.’s negligence claims because he had not established that any alleged failing in its inspection process violated clearly established statutory or constitutional rights or laws of … to violations of clearly established rights or laws.

West Virginia Department of Health, Office of the Chief Medical Examiner, and Allen R. Mock, M.D. v. Dr. Patsy Cipoletti, Jr., Administrator of the Estate of June Cipoletti

West Virginia Supreme Court · May 21, 2024

whether qualified immunity applies on a “case-by-case basis.” 7 We recently summarized our qualified immunity jurisprudence as follows: Qualified immunity is an immunity from suit afforded … Va. 573, 587, 10 Respondent relies on the MPLA as the basis for his position that he has alleged the violation of a “clearly established statutory right” to defeat Petitioners’ claim to qualified immunity

WV Regional Jail and Correctional Facility Authority v. The Estate of COdy Lawrence Grove

West Virginia Supreme Court · Nov 20, 2020

that he engaged in any act or omission related to the suicide of the Estate’s decedent that established the violation of a clearly established right. … 17 This Court has established numerous steps that must be examined in order to find whether qualified immunity protections apply in a particular case.

The Mercer County Board of Education and Dr. Deborah Akers v. Amanda Shrewsbury

West Virginia Supreme Court · Nov 12, 2024

The respondent further argued that even if the circuit court decided that qualified immunity applied, it was abrogated by the petitioners’ violation of clearly established rights. … “It is well established that claims for both constitutional and common law qualified immunity are available only for the State, its agencies, officials, and/or employees.” Kent, 249 W.