Case law

Ballock v. Costlow

District Court, N.D. West Virginia · Dec 20, 2019

Qualified Immunity Alternatively, Kief contends that he has not violated any clearly established law and is therefore qualifiedly immune from suit under … Thus, qualified immunity applies so long as Kief did not violate any of Ballock’s clearly established constitutional rights.

Gaus v. Consol, Inc.

294 F. Supp. 2d 815 · District Court, N.D. West Virginia · Aug 13, 2002

There are two alternative means by which a plaintiff can establish a cause of action under the deliberate intention exception to workers’ compensation immunity. … In Mayles , “not only was it clearly established that it was the general practice of employees to take the hot grease out the back door and down the grassy slope without a lid, but it was also established that the employer

Hardin v. Ski Venture, Inc.

848 F. Supp. 58 · District Court, N.D. West Virginia · Apr 4, 1994

the continuing vitality of the common law doctrine of assumption of risk in West Virginia and concluded that, under the West Virginia comparative contributory negligence doctrine, 3 the defense of assumption of risk, if established … Most of the cited cases involve either collisions with lift towers, tree stumps, safety fences, and the like or collisions caused by icy or other treacherous surface conditions which could not reasonably be eliminated. 4 Clearly

Bell v. United States

District Court, N.D. West Virginia · Mar 31, 2023

First, the Plaintiff’s argument asserting that the BOP’s Pandemic Response Plan mandates specific action was clearly addressed by the magistrate. ECF No. 51 at 15-16. … The Plaintiff’s argument mostly focuses on his theory that a quarantine was not established.

Hamilton v. PILGRIM'S PRIDE CORP.

314 F. Supp. 2d 630 · District Court, N.D. West Virginia · Mar 29, 2004

Having established that the applicable statute of limitations is two years, the Court must now determine when this two-year period began to run. … Pursuant to the immunity provisions of W.

Cordle v. Rubenstein

District Court, N.D. West Virginia · Sep 14, 2017

conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Courts must consider two steps in determining whether an official is entitled to qualified immunity. Id. at 232.

Wagner v. St. Paul Fire & Marine Insurance

238 F.R.D. 418 · District Court, N.D. West Virginia · Nov 8, 2006

Moreover, Rule 33(c) clearly provides it is not objectionable that Plaintiffs apply law to the facts they use to support their arguments. … The answer to Interrogatory 3 stated defense counsel filed a response to the Complaint on July 23, 2001 illegitimately asserting immunity. Pl.’s Br. at 12.

McLaughlin v. Chrysler Corp.

262 F. Supp. 2d 671 · District Court, N.D. West Virginia · May 3, 2002

He claims his lost income qualifies as damages which can be awarded under the Lemon Law as loss of use and annoyance damages. … Conversely, DaimlerChrysler points to the repair history, and argues that the mileage on the vehicle, as established by McLaughlin's repair orders, clearly shows there was no substantial impairment to his use of the vehicle

Horner-Gaylord Co. v. Miller & Bennett

147 F. 295 · District Court, N.D. West Virginia · Jul 20, 1906

Counsel for defendants have very clearly and in apt terms expressed the contention, as follows: . … Jurisdiction in the court being established, as it has so clearly been, section 2 of clause 3 has full force and virtue.

Barcus v. Austin

District Court, N.D. West Virginia · Apr 16, 2020

his political association with Skinner was not clearly established at the time of his termination. … Thus, there is a factual dispute about what his job responsibilities included that precludes Austin’s claim for qualified immunity at this stage of the litigation.5 Wilson v.

Hedrick v. Marshell (sic)

District Court, N.D. West Virginia · Sep 26, 2024

The Defendants further assert that they are entitled to qualified immunity “because they are alleged to have acted within the scope of their official duties without violating any clearly established constitutional or statutory … Therein, the Plaintiff requests that his case proceed to discovery, and contends that the defense of qualified immunity “is questionable.” Id. at 1, 4.

Bartos v. PDC Energy, Inc.

275 F. Supp. 3d 755 · District Court, N.D. West Virginia · Jul 28, 2017

In these cases, it is expected that qualified employees will be terminated, and therefore, “the fact that qualified, older employees are laid off is not inherently suspicious and does not in itself warrant shifting the burden … Thus, the Court finds she was qualified.

Foundation Against Intolerance & Racism, Inc. v. Pickens

District Court, N.D. West Virginia · Aug 6, 2025

Ultimately, the plaintiff, as the party invoking federal jurisdiction, bears the burden of establishing these three elements and must clearly allege facts demonstrating that each … Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (qualified immunity); Wood v.

Arbonaise v. Weinberger

401 F. Supp. 983 · District Court, N.D. West Virginia · Oct 16, 1975

In order to qualify for the interim presumption under 20 C.F.R. § 410.490 (b) (1) (i), the x-ray (or biopsy or autopsy, which are inapplicable here) must establish the presence of pneumoconiosis, and the Secretary obviously … The failure of a miner to qualify under the interim presumption in 20 C.F.R. § 410.490 (b) does not prevent him from establishing his eligibility under the permanent rules. 20 C.F.R. § 410 .-490(e).

Knotts v. Board of Directors of JW Ruby Memorial Hospital

District Court, N.D. West Virginia · Dec 30, 2022

from the Plaintiffs’ claims under the Eleventh Amendment and the qualified immunity doctrine, and (4) the Plaintiffs have failed to state a claim for which relief may be granted. … Courts will uphold portions of a recommendation to which no objection has been made unless they are clearly erroneous. See Diamond v. Colonial Life & Accident Ins.

Lose v. CPS Workers

District Court, N.D. West Virginia · Oct 22, 2021

or qualified immunity. … Haley, 738 F.3d 107, 118 (4th Cir. 2013)(qualified immunity). See Portee v. United States Dep't of Agric., No. 2:15-CV-13928, 2016 WL 4962727, at *2 (S.D.W. Va.

Crescent Liquor Co. v. Platt

148 F. 894 · District Court, N.D. West Virginia · Oct 24, 1906

They allege that said company has for years past received and transported, under established rules and regulations, packages of liquors shipped by them to various persons with whom they have had dealings, at different points … elementary principal that an act of the Legislature must be presumed to fairly express the people’s will, that every intendment should be made in its favor, and that its conflict with *903 constitutional provisions must clearly

Bowman v. Wexford Health Sources/Services

District Court, N.D. West Virginia · Feb 11, 2025

Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,”1 or when the claims rely on factual allegations which are “clearly baseless.” Denton v. … This type of disagreement between and inmate and medical providers about the proper course of medication is generally not enough to establish deliberate indifference. Jackson v.

Suess v. Pugh

245 F. Supp. 661 · District Court, N.D. West Virginia · Sep 21, 1965

Thus, the Congress by this enactment has clearly spelled out: (1) That Dr. … The right to counsel under the Sixth Amendment clearly applies to criminal cases only.

Heinemann v. Jim Walter Homes, Inc.

47 F. Supp. 2d 716 · District Court, N.D. West Virginia · Nov 13, 1998

Plaintiffs, proceeding pro se, allege that the defendants violated their procedural due process rights and transgressed established substantive law by wrongfully foreclosing on property owned by plaintiffs in Pocahontas County … Clair failed to restore plaintiffs as legal owners of the subject property even though said defendants knew that plaintiffs qualified for a Federal Emergency Management Administration Mortgage or Rental Assistance (FEMA/MRA