Case law

Robinson v. Pack

223 W. Va. 828 · West Virginia Supreme Court · Jun 18, 2009

In that decision, we affirmed that immunity from personal liability exists “if the involved conduct did not violate clearly established laws of which a reasonable official would have known.” … In the context of determining whether there is a violation of clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate for unconstitutional

Bill J. Crouch, Secretary, W. Va. Dept. of Health and Human Resources v. Eric Gillispie, Administrator

809 S.E.2d 699 · West Virginia Supreme Court · Jan 31, 2018

clearly established statutory or constitutional law. … Gillispie has failed to demonstrate a violation of a clearly established statutory or constitutional law sufficient to strip DHHR of its qualified immunity.23 IV.

Neil Williams v. Bonnie Bonar, Ohio County Sheriff

West Virginia Supreme Court · Nov 21, 2014

Botkins, 228 W.Va. 393, 394-95, 719 S.E.2d 863, 864-65 (2011) (qualified immunity for police officers). … In addition, “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

West Virginia Department of Health & Human Resources v. Payne

231 W. Va. 563 · West Virginia Supreme Court · Jun 12, 2013

Some of our caselaw makes reference to violations of “clearly established rights” while others make reference to “clearly established laws.” … Obviously, a public official who ignores or violates such clearly established precepts of the law . . . would not be entitled to qualified immunity[.]

State v. Chase Securities, Inc.

188 W. Va. 356 · West Virginia Supreme Court · Nov 25, 1992

Obviously, a public official who ignores or violates such clearly established precepts of the law, as did the mayor in Hawkins, supra, would not be entitled to qualified immunity under Harlow and would be personally liable … Clearly, *362 the immunity in Bennett is a qualified immunity, and, as earlier noted, some public officials are entitled to an absolute immunity. See note 11, supra.

Goines v. James

189 W. Va. 634 · West Virginia Supreme Court · Jul 22, 1993

Therefore, in order to resolve this issue of qualified immunity, we must also examine the constitutional law pertaining to the Fourth Amendment to determine if the law was clearly established as to whether a warrantless arrest … If, however, the law was clearly established, the immunity defense should fail unless “the ...

W. Va. Board of Education v. Zelda Croaff

West Virginia Supreme Court · May 17, 2017

We find that the circuit court clearly erred in concluding that qualified immunity is unavailable to state agencies. … Va. at 667, 783 S.E.2d at 88 (failure to identify violations of clearly established statutory or constitutional right in an action for defamation, false light, and breach of contract such that qualified immunity barred the

W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple

West Virginia Supreme Court · Nov 10, 2015

the constitutional standards clearly established at the time[?]” … the present context to qualified immunity is a clearly legitimate act.”

Randall v. Fairmont City Police Department

186 W. Va. 336 · West Virginia Supreme Court · Dec 12, 1991

Guiding us in answering this question in the affirmative is the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity … We believe that the legislature has not clearly provided for immunity regardless of the existence of a special relationship/special duty. Accordingly, this Court holds that W Va.

West Virginia Regional Jail & Correctional Facility Authority v. A.B.

234 W. Va. 492 · West Virginia Supreme Court · Oct 31, 2014

Va.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. … official’s personal, qualified immunity for discretionary judgments and functions which are neither in violation of a “clearly established law” nor “fraudulent, malicious, or otherwise oppressive.”

Marlin v. Bill Rich Construction, Inc.

198 W. Va. 635 · West Virginia Supreme Court · Nov 15, 1996

Thus, appel-lee argues that the Tort Claims Act clearly contemplates immunity in the instant claim. … The complaint alleged derivative claims for loss of love, society, comfort, companionship, and services that would not survive immunity under W.Va.Code § 29-12A-5(a)(11), if the Board could establish such immunity as set

Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr.

West Virginia Supreme Court · Nov 14, 2024

Code § 29-12A-5 (establishing immunities from liability). … Indeed, “It is well established that . . . common law qualified immunity [is] available only for the State, its agencies, officials, and/or employees.” Kent v.

City of Saint Albans v. Botkins

228 W. Va. 393 · West Virginia Supreme Court · Nov 23, 2011

As to the second step of the qualified immunity inquiry— whether the constitutional standards were clearly established at the time in question— the Ninth Circuit concluded it should be answered by applying the same test the … Is there qualified immunity?

Deputy J.K. Maston v. Thomas Jefferson Wagner

236 W. Va. 488 · West Virginia Supreme Court · Nov 10, 2015

the involved conduct did not violate clearly established laws of which a reasonable official would have known.”).9 A public officer is entitled to qualified immunity for discretionary acts, even if committed negligently … A litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.

W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix

238 W. Va. 406 · West Virginia Supreme Court · Jan 26, 2017

involved conduct did not violate clearly established laws of which a reasonable official would have known.”). 7 Maston v. … The record clearly establishes that the November Troopers searched the quarry, and in that search found and recovered some of Mr. Hughes’s remains.

W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple

236 W. Va. 654 · West Virginia Supreme Court · Nov 10, 2015

Marple has not identified a clearly established right that was violated by the discretionary actions of the Board or Mr. Linger, her suit is precluded by qualified immunity. A. … the constitutional standards clearly established at the time[?]”

Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer Challenge Academy

West Virginia Supreme Court · May 2, 2025

Clearly Established Rights or Laws Petitioner alleges that three different clearly established laws or rights were violated by the cadre that should strip Respondents of qualified immunity: (1) MCA’s safety … established rights or laws, we find none that strip Respondents of qualified immunity on these facts.

Clark v. Dunn

195 W. Va. 272 · West Virginia Supreme Court · Oct 30, 1995

The one difference in immunity cases is that the official’s act must be shown to have violated clearly established law of which a reasonable person would have known. … [the West Virginia Governmental Tort Claims and Insurance Refoim Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which

Hess v. West Virginia Division of Corrections

227 W. Va. 15 · West Virginia Supreme Court · Nov 23, 2010

The one difference in [qualified] immunity cases is that the official’s act must be shown to have violated clearly established law of which a reasonable person would have known.” … Va.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.

Kevin McCourt v. Miguel Angel Delgado

241 W. Va. 495 · West Virginia Supreme Court · Apr 24, 2019

Under this standard, the petitioner officers contend they are entitled summary judgment based on qualified immunity because they did not violate any clearly established constitutional rights. … Under a qualified immunity analysis, we must determine whether the petitioner officers' alleged conduct violated a clearly established constitutional right.