Case law

Braxton v. City of Buckhannon

District Court, N.D. West Virginia · Apr 29, 2021

Qualified immunity operates as a civil liability shield for “government officials . . . performing discretionary functions . . . insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity defense is burden-shifting, in that once it is asserted, it then falls to a claimant to show that the conduct complained of (1) violated the law, and (2) the law that was violated was clearly established

Hanson v. Goodman

District Court, N.D. West Virginia · Mar 19, 2025

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In order to be entitled to qualified immunity, a defendant must either show (1) that no constitutional or statutory violation occurred, or (2) that the right violated was not clearly established

Medley v. Hawk-Sawyer

133 F. Supp. 2d 883 · District Court, N.D. West Virginia · Feb 14, 2001

She asserts that none of these four defendants are entitled to qualified immunity and that they acted wantonly, willfully and maliciously. (b) Neglect to prevent conspiracy, pursuant to B2 U.S.C. § 1986. … Her responsibilities were further eroded over the next eighteen months until her position was eliminated and she was assigned to work for a less qualified employee.

Braxton v. City of Buckhannon

District Court, N.D. West Virginia · Apr 29, 2021

Qualified immunity operates as a civil liability shield for “government officials . . . performing discretionary functions . . . insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity defense is burden-shifting, in that once it is asserted, it then falls to a claimant to show that the conduct complained of (1) violated the law, and (2) the law that was violated was clearly established

Collins v. Martin

District Court, N.D. West Virginia · May 29, 2020

Qualified immunity is an affirmative defense to § 1983 liability. … Therefore, government officials are entitled to qualified immunity under § 1983 unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at

Launi v. The Hampshire County Prosecuting Attorney's Office

District Court, N.D. West Virginia · Aug 20, 2020

However, courts may address whether the right is clearly established first. See Pearson v. Callahan, 555 U.S. 223 (2009). … “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

Smith v. Clark, Jr.

District Court, N.D. West Virginia · Apr 4, 2024

The doctrine of qualified immunity protects even those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the action … Even if the use of a taser was not reasonable, Defendants argue that they are entitled to qualified immunity because there was no clearly established law at the time prohibiting the use

Smith v. Clark, Jr.

District Court, N.D. West Virginia · Jun 20, 2023

The doctrine of qualified immunity protects even those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the action … In order to be entitled to qualified immunity, a defendant must either show (1) that no constitutional violation occurred, or (2) that the right violated was not clearly established at

Semple v. City of Moundsville

963 F. Supp. 1416 · District Court, N.D. West Virginia · Apr 28, 1997

DeShaney clearly established that individuals do not have a substantive constitutional interest in receiving protection from the police absent a custodial relationship. … If the right Pinder asserts were ever clearly established, it would entail other significant consequences.

Stanton v. Elliott

District Court, N.D. West Virginia · Jan 21, 2021

Qualified immunity serves to protect: government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of whicha reasonable … a showing that a clearly established legal standard was violated.

Union Nat. Bank v. McDonald

36 F. Supp. 46 · District Court, N.D. West Virginia · Dec 9, 1940

of its immunity in suits against its agents or instrumentalities merely because they do its work. … Citing the Keifer case, the Supreme Court said [ 309 U.S. 242 , 60 S.Ct. 490 , 84 L.Ed. 724 ] : “Hence, .when Congress establishes such an agency, authorizes it to engage in commercial and business transactions with the public

Strasburg v. Chief Riggleman, Moorefield Police

District Court, N.D. West Virginia · Mar 21, 2025

immunity. … Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

ROHRBOUGH BY ROHRBOUGH v. Wyeth Laboratories, Inc.

719 F. Supp. 470 · District Court, N.D. West Virginia · Aug 10, 1989

Because that paragraph is clearly an effort to create an sham issue of fact, and is unsupported by facts, it will be disregarded. … Tilelli’s affidavit clearly raises a genuine issue of material fact on that predicate question.

King

District Court, N.D. West Virginia · Feb 10, 2026

This distinction is crucial, as Defendant Yoder raises the issue of qualified immunity as a defense. … The doctrine of qualified immunity shields officials from civil liability as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ford v. The County Commission of Marion County

District Court, N.D. West Virginia · Apr 8, 2021

Thus, for purposes of qualified immunity analysis, it is clearly established that using deadly force in such a situation is unlawful. … It is clearly established that, via Tennessee v.

West Virginia Highlands Conservancy, Inc. v. Huffman

588 F. Supp. 2d 678 · District Court, N.D. West Virginia · Jan 14, 2009

Sovereign Immunity According to Huffman, the doctrine of sovereign immunity bars the Highlands Conservancy from suing the WVDEP under the CWA. … The Eleventh Amendment provides the several states with immunity from suits by private individuals in federal court. 3 It is well-established, however, that it does not preclude private individuals from suing state officials

Kline v. United States

202 F. Supp. 849 · District Court, N.D. West Virginia · Mar 12, 1962

of the remainder interest in the Trust to qualified charities. … If he should fail to qualify and act, his place would be taken by the nominee of the life beneficiary.

Rhoades v. County Commission of Marion County

District Court, N.D. West Virginia · Feb 18, 2020

Thus, for purposes of qualified immunity analysis, it is clearly established that using deadly force in such a situation is unlawful. … qualified immunity for Forsyth.

Cummings v. City of Wheeling, West Virginia

District Court, N.D. West Virginia · Dec 5, 2019

In support of the motion to dismiss,1 defendants assert that Officer Myers is entitled to qualified immunity under the circumstances alleged. … Thus, this Court will not address these arguments asserted by defendants. 6 their conduct does not violate clearly established

Kroll v. Sheppard

District Court, N.D. West Virginia · Jul 25, 2024

The Defendants argue Defendant Sheppard is entitled to qualified immunity as to all claims because the “Plaintiff has failed to identify any particularized, clearly established law that [Defendant Sheppard] violated[.]” … Indeed, the Plaintiff’s argument against qualified immunity cites no case law at all. See ECF No. 10 at 16–18.