Case law

United States v. Thompson

150 F. Supp. 674 · District Court, N.D. West Virginia · Apr 19, 1957

It is fundamental, and little authority need be cited for the proposition, that the sovereign is immune from suits in its own courts in the absence of statutory waiver of immunity. … However, subdivisions (a) and (b) of Rule 13 are qualified by subdivision (d) of the same rule, which is as follows: “(d) Counterclaim Against the United States.

Long v. M & M Transportation, LLC

44 F. Supp. 3d 636 · District Court, N.D. West Virginia · Sep 5, 2014

to qualifying employers.” … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Cogar v. Kalna

District Court, N.D. West Virginia · Mar 29, 2022

Defendant Scott Kalna is entitled to qualified immunity because the alleged constitutional violation was not clearly established in March 2015; therefore, the Motion to Dismiss Amended … Defendant Kalna is entitled to a qualified immunity defense.

Belkadi

District Court, N.D. West Virginia · Mar 31, 2026

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … The doctrine of qualified immunity protects those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the

O'Brien

District Court, N.D. West Virginia · Nov 18, 2025

Excessive Force (Count Three) Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly … was clearly established at the time of the violation[.]”

Councell v. Homer Laughlin China Co.

823 F. Supp. 2d 370 · District Court, N.D. West Virginia · Oct 11, 2011

In discussion of the plaintiffs’ position that this case was wrongly removed, counsel clearly states “A separate Motion to Remand will be filed.” … Rand stands for the ability to recover through a well established tort from an actor who communicated false facts about a plaintiff.

United States v. Harris

780 F. Supp. 385 · District Court, N.D. West Virginia · Dec 12, 1991

tainted by establishing that [it] had an independent, legitimate source for the disputed evidence.” … Accordingly, the immunity agreement in this case, which clearly provides no proscription against the government’s prosecution of Mrs.

Wyer v. Sheppard

District Court, N.D. West Virginia · Jan 16, 2024

Defendant Sheppard is entitled to qualified immunity. The Defendants also claim that Defendant Sheppard is entitled to qualified immunity. The Plaintiff disagrees. … “Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that their conduct does not violate clearly established statutory or constitutional

Jones v. White

District Court, N.D. West Virginia · Jun 5, 2018

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established … The Fourth Circuit has stated: Qualified immunity protects [police] officers who commit constitutional violations but who, in light of clearly established

Estate of Wayne A. Jones v. The City of Martinsburg

District Court, N.D. West Virginia · Sep 7, 2018

In so holding, the Fourth Circuit reviewed the clearly established law as of October 2012. … Thus, while the force may have ultimately been unreasonable, the clearly established law in March 2013 “fell short of providing sufficient notice” to bar qualified immunity.

Carder v. Tinney

District Court, N.D. West Virginia · Aug 10, 2017

, individual officials performing discretionary functions are immune from liability for civil damages insofar as their conduct does not violate “clearly established statutory or constitutional … The doctrine of qualified immunity “protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful

Owens v. The City Of Pennsboro

District Court, N.D. West Virginia · Feb 9, 2021

An official is not entitled to qualified immunity, however, if his acts are “in violation of clearly established statutory or constitutional rights or laws of which a reasonable person would … violation occurred and (2) whether the right violated was clearly established.”

Burkey v. Marshall County Board of Education

513 F. Supp. 1084 · District Court, N.D. West Virginia · May 20, 1981

Members and former members of a board of education in West Virginia and supervising officials employed by the board are entitled to raise the defense of qualified good faith immunity against a § 1983 action for discretionary … Members and former members of the Marshall County Board of Education and supervising officials employed by the Board are entitled to raise the defense of qualified immunity from personal monetary liability as individuals.

Knox v. Laclede Steel Co.

861 F. Supp. 519 · District Court, N.D. West Virginia · Aug 11, 1994

This Court also finds persuasive language in the deliberate intention statute which provides: that the immunity established in [§§ 23-2-6 and 23-2-6a], is an essential aspect of this workers’ compensation system; that the … This statement establishes that the immunity provisions of the workers’ compensation statute are an essential aspect of the workers’ compensation scheme.

Smith v. The City of Pennsboro

District Court, N.D. West Virginia · Feb 9, 2021

An official is not entitled to qualified immunity, however, if his acts are “in violation of clearly established statutory or constitutional rights or laws of which a reasonable person would … violation occurred and (2) whether the right violated was clearly established.”

Smith v. The City of Pennsboro

District Court, N.D. West Virginia · Apr 22, 2022

“The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that … The qualified immunity analysis therefore entails two determinations: (1) whether the plaintiff’s rights were violated; and (2) whether those rights were clearly established.

Wittkamper v. Jefferson County Sheriff's Department

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

Plaintiff argues that he has sufficiently pled that the Deputies violated clearly established rights and are not entitled to qualified immunity. … Qualified immunity protects those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the action. Pegg v.

Cox v. United States

827 F. Supp. 378 · District Court, N.D. West Virginia · Dec 4, 1992

Clearly, the existence of Sutton Lake is the direct result of flood control. But Ms. … If the government or any landowner would be found liable under the factual scenario in this case, such owners of land would clearly be discouraged from opening their lands to the public free of charge, as was clearly the

Reid v. West Virginia Division of Corrections and Rehabilitation

District Court, N.D. West Virginia · Mar 28, 2022

Therefore, “[u]nless a plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … Qualified immunity protects state actors “from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at

Owens v. The City Of Pennsboro

District Court, N.D. West Virginia · Apr 22, 2022

qualified immunity analysis. … The qualified immunity analysis therefore entails two determinations: (1) whether the plaintiffs’ rights were violated; and (2) whether those rights were clearly established.