Case law

Anthony and Susan Warrix v. City of Sophia

West Virginia Supreme Court · Mar 28, 2014

or statutory right was clearly established is one of law for the court. … West Virginia Code § 29-12A-5(a)(11) clearly states that a political subdivision enjoys immunity from liability where the loss or claim is the result of “any claim covered by any workers’ compensation law or any employer’

Julia Moses, Administratrix v. City of Moundsville

West Virginia Supreme Court · Apr 7, 2017

Respondent filed a motion to dismiss, pursuant to Rule 12(b)(6), asserting that it was entitled to qualified immunity. … As we have previously stated, “[s]igned opinions containing original syllabus points have the highest precedential value because the Court uses original syllabus points to announce new points of law or to change established

Master Mechanical Insulation v. Richard Simmons

232 W. Va. 581 · West Virginia Supreme Court · Nov 6, 2013

a system which compensates even though the injury or death of an employee may be caused by his or her own fault or the fault of a coemployee; that the immunity established in sections six [§ 23-3-6] and six-a [§ 23-3-6a] … Under the five-prong standard adopted to identify the limited instances in which a subscribing employer’s immunity is statutorily abrogated, the issue of an employee’s conduct is clearly relevant for purposes of determining

Hope Natural Gas Co. v. West Virginia Turnpike Commission

143 W. Va. 913 · West Virginia Supreme Court · Nov 18, 1958

of the state for its establishment, maintenance and operation, and which dependency, though not always clearly specified in such cases as controlling, was nevertheless a most important factor therein in the determination … Cases involving only the exercise of a proprietary function by a truly governmental agency or branch of the state government hold that such agency or branch is clearly without immunity.

Larry Helms v. Joseph N. Carpenter, Sheriff

West Virginia Supreme Court · Nov 17, 2017

Public officials and local government units should be entitled to qualified immunity from suit under § 1983, or statutory immunity under W.Va. … Clearly, under Hutchison, the immunity from the burden of a trial on the merits may extend to pretrial discovery. See Mitchell v.

Morgan v. City of Wheeling

205 W. Va. 34 · West Virginia Supreme Court · Jun 4, 1999

This design has the dual result of protecting the job security of those police officers who are best qualified while also guaranteeing that the public is served by police officers of the highest merit. … protected by the Privileges and Immunities Clause, U.S.

State v. Abdella

139 W. Va. 428 · West Virginia Supreme Court · Mar 9, 1954

Myrtis Smith whose husband lost money in a game of poker allegedly conducted at the establishment of the defendant. Shortly before the defendant testified, this witness told the grand jury that, when Mrs. … If he had admitted or denied that he had engaged in gambling or the sale or the use of numbers, he would have been clearly entitled, under the statute, to immunity from prosecution for the offense charged in the present indictment

Jerry L. Cochran v. River Road Public Service District

West Virginia Supreme Court · Nov 7, 2019

Zirkle’s negligence claim because “the acts [he] complained of are clearly associated with, related to, and result from the PSD’s licensing and permitting functions.”23 Mr. … Va. 139, 479 S.E.2d 649 (1996) (holding that “unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity

Pancho's LLC v. James T. Hughes

West Virginia Supreme Court · Sep 9, 2019

The Court explained that the claim failed because it was “based, not upon any challenge to the 2 Petitioner’s argument generally refers to the denial of due process, which it occasionally qualifies as procedural … As discussed above, Pancho’s has failed to establish that it enjoys constitutional protections from the harms it asserts.

Zirkle v. Zirkle

208 W. Va. 374 · West Virginia Supreme Court · Oct 27, 2000

As a result of State legislative duties and immunity, Mr. Zirkle’s counsel was unavailable to attend a hearing on the motion. 4 Therefore, Mrs. … However, the second custody order only qualified the previous custody order by requiring Mrs. Zirkle to obtain the court's permission before moving the child out of state. .Mr.

In Re Markle

174 W. Va. 550 · West Virginia Supreme Court · Dec 21, 1984

Under the 1970 amendment it is clear that all documents and tangible things prepared by or for the attorney of the party from whom discovery is sought are within the qualified immunity given to work product, so long as they … Courts have either concluded that mental impressions are absolutely immune to discovery, see Duplan Corp. v.

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

West Virginia Supreme Court · Mar 27, 2014

The majority opinion requires a rape victim to specifically point to “a ‘clearly established’ right or law with respect to . . . supervision[.]” … , the doctrine of qualified immunity does not preclude this claim.

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

West Virginia Supreme Court · Oct 31, 2014

The majority opinion requires a rape victim to specifically point to “a ‘clearly established’ right or law with respect to . . . supervision[.]” … This Court, in summary fashion, found that qualified immunity did not exist: The Division argues that because qualified immunity protects governmental entities from tort liability for

In Re FELA Asbestos Cases

222 W. Va. 512 · West Virginia Supreme Court · Jul 2, 2008

Va.Code, 56-l-l(c) [2003] against the Privileges and Immunities Clause. … Va.Code, 56-1-la [2007] to formally establish a doctrine of forum non conveniens.

West Virginia Division of Corrections & Rehabilitation v. Damein Robbins

West Virginia Supreme Court · Jun 9, 2023

The parties do not dispute that the Eighth Amendment prohibition of cruel and unusual punishment is clearly established. Accordingly, my analysis focuses on whether Mr. … Furthermore, it is well established that cases involving qualified immunity require a heightened pleading standard. See Hutchison v. City of Huntington, 198 W.

Deller v. Naymick

176 W. Va. 108 · West Virginia Supreme Court · Apr 4, 1986

Thus, the doctor is clearly immunized from liability under the terms of W.Va. Code, 23-2-6a [1949]. … West Virginia Board of Regents, 172 W.Va. 743 , 310 S.E.2d 675 (1983), specifically, that the legislature had waived constitutional governmental immunity to the extent that liability insurance coverage is available, is clearly

Powell v. Wood County Commission

209 W. Va. 639 · West Virginia Supreme Court · Jun 8, 2001

Va.Code § 29-21-9 (1996), which establishes procedures for the appointment of legal counsel to indigent citizens, and W. Va.Code § 29-21-20 (1989), which shields appointed counsel from liability from suit. … The statute that governs this case clearly limits the liability of any attorney appointed by a court pursuant to W.

State Ex Rel. Brown v. MacQueen

169 W. Va. 56 · West Virginia Supreme Court · Dec 18, 1981

The trial court, after determining that the petitioner’s testimony would be clearly exculpatory and essential to Collins’ defense, and that the ends of justice would be promoted by compelling the petitioner to testify, granted … As a result of this language, Counselman was generally regarded to have established a transactional immunity rule.

Stephen G. Endicott, Administrator v. City of Oak Hill

West Virginia Supreme Court · Nov 2, 2018

App.1997), in which the court observed that “[w]here the facts upon which the determination of qualified immunity hinges are in dispute, then those facts may require a jury determination.” Id. at 374. … The parties clearly recognized the fact-driven nature of a decision underlying the question of immunity and jointly acknowledged the need for further factual development.

Johnson v. C.J. Mahan Construction Co.

210 W. Va. 438 · West Virginia Supreme Court · Dec 12, 2001

Mahan without investigating the company’s past safety record; granting or accepting Mahan’s project bid solely on the basis that it was the lowest bidder; failing to follow the customary private industry practice of pre-qualifying … Guided by this remedial purpose and our established legal principles of narrowly construing exclusionary provisions of insurance policies and of favoring local government liability over immunity, we concluded in Russell that