Case law

Crandell v. Hardy County Rural Development Authority

District Court, N.D. West Virginia · May 10, 2019

“The legislative history of the 1866 Act clearly indicates that Congress intended to protect a limited category of rights, specifically defined in terms of racial equality.” Georgia v. Rachel, 384 U.S. 780 (1966). … “To establish a claim under Section 1985(3), a plaintiff must establish: “(1) a conspiracy; (2) for the purpose of depriving him, either directly or indirectly, of equal protection of the laws, or of equal privileges and

Richardson v. West Virginia Division of Corrections and Rehabilitation

District Court, N.D. West Virginia · Aug 16, 2021

Specifically, it finds that the Plaintiff has failed to allege sufficient facts to show that the Administrator Defendants personally violated the Plaintiff’s constitutional rights, or that they established policies and … Additionally, the Administrator Defendants are entitled to sovereign immunity against the Plaintiff’s claims in their official capacities. In Kentucky v.

United States v. Exxonmobil Corp.

264 F.R.D. 242 · District Court, N.D. West Virginia · Jan 15, 2010

. § 9613 (f)(1), it also affords immunity from such claims to a PRP who settles with the EPA. 42 U.S.C § 9613(f)(2). … Clearly, their common interest is directly adverse to that of Exxon.

United States v. M-K Specialties Model M-14 MacHinegun Serial Number 1447797

424 F. Supp. 2d 862 · District Court, N.D. West Virginia · Mar 22, 2006

Once the government establishes probable cause, the burden shifts to the claimant to establish by a preponderance of the evidence that the property was not related to a violation of law. Id. … Clearly, a person with ordinary skill researching automatic weapons and using common tools could replicate the restoration, albeit with some additional time and effort.

Roberts v. Barnes

District Court, N.D. West Virginia · May 25, 2023

They contend that (1) Roberts has failed to state a claim upon which relief may be granted, (2) they are entitled to qualified immunity on claims against them in their individual capacities … In addition to asserting that Roberts’s claims are insufficiently pleaded and lack merit, the Defendants contend that (1) qualified immunity shields them from Roberts’s claims against

Berryman v. Mullen

District Court, N.D. West Virginia · Jan 23, 2019

According to the Defendants, they are entitled to qualified immunity because Berryman cannot satisfy either element of his failure-to-protect claim. Id. at 24-25. … NO. 155] unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. Co., 416 F.3d 310, 315 (4th Cir. 2005). III.

Holland v. High-Tech Collieries, Inc.

911 F. Supp. 1021 · District Court, N.D. West Virginia · Jan 12, 1996

Canon qualifies as a “combined” controlled group member with High-Tech and Canon’s parent corporation, Dynamic, under 26 U.S.C. § 1563 (a)(3). … Under the well-established law of duress, High-Tech and Dynamic, therefore, have failed to establish a basis for avoiding their obligations under the Loan Agreement. V.

McClure v. Manchin

301 F. Supp. 2d 564 · District Court, N.D. West Virginia · Dec 22, 2003

The application of section 3-5-23 clearly burdens core political speech. … Indeed, to the extent that the State does not establish a strong interest in upholding a statutory provision, it also fails to establish a strong public interest in doing so.

Gaus v. The General Services Administration Of The United States Of America

District Court, N.D. West Virginia · Mar 17, 2020

is designed to shield from liability because it involves exercising judgment based on considerations of policy, and the case law clearly … establishes that the award of contracts falls within the ambit of the discretionary function exception.

Upper W. Fork River Watershed Assoc. v. Corps of Engrs., United States Army

414 F. Supp. 908 · District Court, N.D. West Virginia · May 3, 1976

The record establishes an undisputed factual basis for the statement. … In sum, Plaintiff has not established that siltation is an issue. 19 .

United States v. Rancher

941 F. Supp. 590 · District Court, N.D. West Virginia · Oct 16, 1996

To qualify for this enhancement, the defendant must have been a leader or organizer of at least one of the participants to the criminal activity. USSG § 3B1.1, comment, (n. 2). … Accordingly, Graves has failed to establish plain error. Lightner’s and Graves’s convictions and sentences are, accordingly, affirmed.

Bailey v. Southeastern Area Joint Apprenticeship Committee

561 F. Supp. 895 · District Court, N.D. West Virginia · Apr 5, 1983

The Court also finds that the Defendant’s witness, Chris Martin, was qualified in the area of devel *911 oping, evaluating and rating screening mechanisms and is qualified, as is Dr. … Likewise, the Court clearly accepts the proposition that the demographical history of the boilermaking trade is not involved in this litigation.

Brown v. Yost

District Court, N.D. West Virginia · Oct 30, 2017

“Judicial immunity is immunity from suit, not just the ultimate assessment of damages.” Mireles v. Waco, 502 U.S. 9, 11 (1991). … Clearly, the acts were judicial and nature and were clearly within their                                                         3 The motion reflects that on November 18, 2016, the motion was granted

Reynolds v. Vandervender

District Court, N.D. West Virginia · Jan 18, 2018

The sanction is that such prisoners lose the right to proceed without prepayment of fees and costs, and that three of plaintiff’s prior civil cases qualify as strikes under this provision. … As the magistrate judge posited, a clearly conclusory allegation does not suffice.

Greer v. State of West Virginia

District Court, N.D. West Virginia · Aug 23, 2017

Further, courts will uphold those portions of a recommendation to which no objection has been made unless they are “clearly erroneous.” See Diamond v. Colonial Life & Accident Ins. … The brief reply simply disputes the State’s conclusions and reiterates his claim that, because it could not establish any antique gun violence in West Virginia, the state law is unconstitutional

Berryman v. Mullen

District Court, N.D. West Virginia · Aug 17, 2017

In the motion, they argued that 1) they are entitled to qualified immunity, 2) they did not fail to protect Berryman from an assault, 3) they were not deliberately indifferent to Berryman’s medical condition … In most cases, immunity is “established by a 17 BERRYMAN V.

Thacker v. McCoy

District Court, N.D. West Virginia · Aug 13, 2024

at 18–31]; (3) the Plaintiff has failed to state a claim of deliberate indifference [Id. at 31– 33]; and (4) the Defendants are entitled to qualified immunity from liability [Id. at 33–35]. … immunity.

Motjuste Tirade of Vim Andre Juste v. Brennan

16 F. Supp. 3d 716 · District Court, N.D. West Virginia · Apr 21, 2014

The court must dismiss a case at any time if the court determines that the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief against a defendant who is immune … Frivolity dismissals should only be ordered when the legal theories are “indisputably meritless,” or where the claims rely on factual allegations which are “clearly baseless.”

Young v. United States

District Court, N.D. West Virginia · Sep 11, 2017

The petitioner argues that he does not qualify for a career offender enhancement under § 4B1 of the Sentencing Guidelines because he does not have two prior convictions that qualify … no objections filed to the magistrate judge’s recommendation, the findings and recommendation will be upheld 3 unless they are “clearly

Held v. Monongalia Emergency Medical Services, Inc.

District Court, N.D. West Virginia · Sep 17, 2024

Under West Virginia law, If the plaintiff identifies a clearly established right or law which has been violated … from vicarious liability, but the public employee or official is not entitled to immunity in accordance with State v.