Case law

Todd Kent, Mark Spessert, Christopher Kutcher, City of Charleston Town, Bradley Meacham, Glenna Hosby-Brown, William Roper, and City of Ranson v. Christopher Sullivan

West Virginia Supreme Court · May 9, 2024

Code § 29-12A-1 et seq. would apply; (4) the matter involves discretionary judgments, decisions, and/or actions; (5) the acts or omissions are in violation of clearly established … Thus, the circuit court’s overarching error here was in analyzing the immunity issue based on the principles set forth in Estate of Grove – principles established to govern common law qualified immunity cases involving

Zirkle v. Elkins Road Public Service District

221 W. Va. 409 · West Virginia Supreme Court · Nov 15, 2007

The trial court, however, required the parties to file a “short and plain statement” 1 tailored to the defense of qualified or statutory immunity. … Next, the court may, on its own discretion, insist that the plaintiff file a reply tailored to an answer pleading the defense of statutory or qualified immunity. 2 .

Terry R. Brumfield Jr. v. Jennings Mark Workman

West Virginia Supreme Court · Mar 26, 2019

Qualified Immunity The doctrine of qualified immunity properly applied, “protects all but the plainly incompetent or those who knowingly violate the law.” … “To overcome qualified immunity, a plaintiff must plead facts ‘showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct

STATE EX REL. YOUTH SVCS. SYS. v. Wilson

515 S.E.2d 594 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court's ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a "political subdivision" to invoke statutory immunity.

R.D. and K.D. v. WV Department of Health and Human Resources

West Virginia Supreme Court · Nov 19, 2018

We disagree, as this Court has previously held that “‘the question of whether the constitutional or statutory right was clearly established is one of law for the court.’” … Accordingly, we find that petitioners cannot establish that the DHHR’s mistake was such that qualified immunity should not apply.

Mooney v. Frazier

225 W. Va. 358 · West Virginia Supreme Court · Apr 1, 2010

of a third party, with neither a warrant nor the permission of the third party, in order to effect a warrantless arrest of the misdemeanant, so long as such entry violates no clearly established statutory or constitutional … Va.Code, 29-12A-1, et seq., is entitled to *370 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

E.B. v. W. Va. Regional Jail and Correctional Authority, etc.

West Virginia Supreme Court · Jan 27, 2017

immunity analysis requires consideration of the requirement that the asserted violated right is “clearly established.” … the particular action is a violation) violates a clearly established right.

Credit Acceptance Corp. v. Robert J. and Billye S. Front, etc.

231 W. Va. 518 · West Virginia Supreme Court · Jun 19, 2013

Prince George’s County, Md., 309 F.3d 224 , 229 (4th Cir.2002) (“Because qualified immunity is an immunity from having to litigate, as contrasted with an immunity from liability, it is effectively lost if a case is erroneously … Traditional appellate review of a qualified immunity ruling cannot achieve the intended goal of an immunity ruling: “the right not to be subject to the burden of trial.” Hutchison [v.

Roland F. Chalifoux, Jr., D.O., individually and Roland F. Chalifoux, Jr., D.O., PLLC d/b/a Valley Pain Management Clinic v. West Virginia Department of Health and Human Resources, West Virginia Bureau of Public Health, Letitia Tierney, M.D., J.D., individually and in her former capacity as West Virginia Commissioner and State Health Officer, West Virginia Board of Osteopathic Medicine, and Diana Shepard, individually and in her capacity as Executive Director for the West Virginia Board of Osteophatic Medicine

West Virginia Supreme Court · Oct 26, 2023

As such, he identifies no clearly established right or law violated by the DHHR defendants. … In attempting to articulate how his claim evades qualified immunity, Chalifoux on the one hand chastises Dr.

Zelenka v. City of Weirton

208 W. Va. 243 · West Virginia Supreme Court · Jul 20, 2000

The requirements of O’Dell are clearly present in the instant case. … We decline so to do. 11 The Legislature has clearly provided for immunity under the facts of this ease.

Gina Young, Administratrix v. Apogee Coal Co.

232 W. Va. 554 · West Virginia Supreme Court · Nov 6, 2013

qualifying employers.1 West Virginia Code § 23-2-6a (1949) extends the same immunity to a variety of natural persons through whom the employer acts: “The immunity from liability set out in the preceding section [§23-2-6 … As is well-established, however, that immunity is stripped to the extent that a workplace injury or death is inflicted with “deliberate intent.” W. Va.

O'DELL v. Town of Gauley Bridge

188 W. Va. 596 · West Virginia Supreme Court · Nov 24, 1992

immunity: unless the legislature has clearly provided for immunity under the circumstances, the general *609 common-law goal of compensating injured parties for damages caused by negligent acts must prevail.” 186 W.Va. at … “Whether the qualified tort immunity provisions of W.Va.Code § 29-12A-5(a)(ll), providing immunity for any claim covered by any workers' compensation law or employer's liability law, violates the 'equal protection’ provisions

Cabell County Commission and Beth Thompson v. Joseph Whitt

West Virginia Supreme Court · Nov 19, 2019

Code § 29-12A-1 to -18 (2018), nor entitled to qualified immunity. … Second, Jarvis did not establish some sort of bright-line rule permitting review of any interlocutory issues contained in the same order granting or denying an immunity issue.

Billy Shaffer v. City of South Charleston

West Virginia Supreme Court · Nov 6, 2015

This Court has clearly articulated that a political subdivision is immune from liability if a loss or claim results from the execution or enforcement of the lawful orders of any court regardless of whether … [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

State ex rel. Town of Pratt v. Stucky

229 W. Va. 700 · West Virginia Supreme Court · Oct 24, 2012

This Court has specifically stated that “[t]he ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … Therefore, 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 are ripe for summary disposition

Adkins v. St. Francis Hospital of Charleston, W. Va.

149 W. Va. 705 · West Virginia Supreme Court · Jul 13, 1965

It can thus be seen that the doctrine in its original form established an immunity from liability which was total and complete. … Clearly, this Court did not find such action necessary.

State v. Kelly Messer

99 W. Va. 241 · West Virginia Supreme Court · May 26, 1925

The juror Atkinson was clearly incompetent. … Under that ruling we think the juror Thomas was clearly competent; but it in no wise sustains the contention of the State that the juror Atkinson was also qualified. (2) H. H.

Eric F. v. Sheriff's Deputy Dalrymple

West Virginia Supreme Court · Jan 29, 2016

determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition.” … Therefore, we conclude that the circuit court did not err in finding that respondents had qualified immunity from petitioner’s § 1983 action.

Mountain State Sales and Electrical v. Raleigh County Board of Education

West Virginia Supreme Court · Jun 12, 2015

” and a right as the “lowest qualified bidder.” … Petitioner argues that if claimed immunity exists as to respondent, such immunity would only apply and protect respondent upon the initial awarding of the contract to Continental, leaving the remaining issue as to whether

Norm Launi, II v. Hampshire County Prosecuting Attorney's Office and County of Hampshire, WV

West Virginia Supreme Court · Nov 8, 2023

court did not perform a qualified immunity analysis, and, insofar as we agree that the functions performed by Prosecutors James and Ours were prosecutorial in nature, we do not discuss qualified immunity, either. … Clearly, a prosecutor’s presentation of the case at trial is a prosecutorial function that falls under the protective ambit of absolute immunity.