Case law

Gingold v. West Virginia University, Board of Governors

District Court, N.D. West Virginia · Sep 20, 2024

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

Logan v. Coakley

District Court, N.D. West Virginia · Jun 8, 2020

immunity. … The Supreme Court holds that government officials, including prison officials, are entitled to qualified immunity when performing discretionary functions, as long as “their conduct does not violate clearly established

Jenkins v. Kinser

District Court, N.D. West Virginia · Sep 15, 2021

In the alternative, they aver that they are entitled to qualified immunity because the Plaintiff fails to state a claim of violation of clearly established law. … 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.”

Shelton v. Crookshank

District Court, N.D. West Virginia · Jan 24, 2018

Qualified immunity is intended to “protect government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In this case, it is unclear what clearly established right the aforementioned Defendants violated.

Isner v. City of Elkins

District Court, N.D. West Virginia · May 31, 2022

Qualified immunity can be afforded to government officials for discretionary acts taken in their official capacity. … was clearly established at the time of the violation[.]”

Acoff v. Gorby

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

“The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … Thus, the defendants are entitled to qualified immunity and summary judgment. IV.

Lee v. Bishoff

District Court, N.D. West Virginia · Aug 4, 2022

“The. doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … As a result, Gainer is entitled to qualified immunity concerning the allegations in this Complaint.

Tucker v. Thomas

853 F. Supp. 2d 576 · District Court, N.D. West Virginia · Feb 15, 2012

P. 4(d)(1). *587 Clearly, defendant Singleton was not served personally, nor does service at his place of business qualify as service at his “dwelling or usual place of abode.” See Gipson v. … Singleton to be effective, it would have to qualify as service upon his “agent.” The plaintiffs bear the burden of establishing that service of process has been effective. See Ballard v.

Taylor v. Ohio County Commission

District Court, N.D. West Virginia · Nov 28, 2017

Defendants have qualified immunity from Plaintiff’s claims; 6. … to qualified immunity.

Yeater Ex Rel. Estate of Yeater v. Allied Chemical Co.

755 F. Supp. 1330 · District Court, N.D. West Virginia · Jan 15, 1991

It is important to note that under West Virginia Code § 23-4-2, a defendant loses its immunity from suit only if the Plaintiff establishes that the defendant has acted with “deliberate intention.” … Unless the plaintiff establishes the existence of each and every factor, the defendant-employer will not lose its statutory immunity and is not subject to liability.

Byndon v. Pugh

District Court, N.D. West Virginia · Oct 4, 2018

to qualified immunity from liability for civil damages to 10 the extent that ‘their conduct does not violate clearly established statutory … to stop a vehicle would constitute a violation of clearly established Fourth Amendment law

Meadows v. Huttonsville Correctional Center

793 F. Supp. 684 · District Court, N.D. West Virginia · Jul 7, 1992

Defendant Huttonsville Correctional Center subsequently answered the Complaint, raising, among other defenses, immunity from suit pursuant to § 1983. … Second, counsel for a Defendant in this action would clearly be entitled to conduct an investigation and prepare conclusions like those filed in this Court by the Attorney General.

Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

267 F. Supp. 2d 545 · District Court, N.D. West Virginia · Mar 31, 2003

Without question, plaintiffs very clearly allege that Química and Betachem knowingly and intentionally “assisted] with, participated] in, contributed] to, and or supported] the submission of an ANDA to the FDA seeking approval … Sayre, 5 F.3d 996 (6th Cir.1993) (where court already determined that police officer was protected from liability under qualified immunity, amendment to add police officer as defendant in a § 1983 action would be futile).

S.F. v. Higginbotham

District Court, N.D. West Virginia · Jan 22, 2019

Defendant never asserted a qualified immunity argument for plaintiff to refute. Qualified immunity is an affirmative defense to liability that must be pled. West Virginia Bd. of Educ. v. … However, qualified immunity can be pled at “various stages in a case.” fd. Under West Virginia common law, qualified immunity is “an affirmative defense which must be pleaded by the official.” Parkulo v. W. Va.

Ammirante v. Ohio County Board of Education

District Court, N.D. West Virginia · Jul 3, 2019

a reasonable person would have known,’ and are therefore protected by qualified immunity.” … Qualified Immunity Defendant Kolb claims that he is entitled to qualified immunity.

King v. Chronister

District Court, N.D. West Virginia · Jan 10, 2025

The Defendant argues he is entitled to qualified immunity. The parties agree that the test for immunity in this context turns on a standard of objective reasonableness. … action, assessed in light of the legal rules that were clearly established at the time it was taken.”

American Hospital Ass'n v. Hansbarger

600 F. Supp. 465 · District Court, N.D. West Virginia · Dec 18, 1984

Clearly W.Va.Code 16-5B-6a is an economic regulation. … Nonprofit hospitals receive a favorable tax status which is clearly a benefit.

Equitrans, L.P. v. 0.56 Acres More or Less of Permanent Easement

145 F. Supp. 3d 622 · District Court, N.D. West Virginia · Nov 18, 2015

Equitrans’ complaint clearly pleads all that is necessary for its condemnation claim to survive a motion to dismiss. … Precision Small Engines, 227 F.3d 224 (4th Cir.2000), claiming that it shows “well established precedent in the Fourth Circuit” that counterclaims are barred under Rule 71.1. ECF No. 11 at 6.

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.

JJK Mineral Co., LLC v. Swiger

292 F.R.D. 323 · District Court, N.D. West Virginia · Feb 22, 2013

Clearly, the party claiming the advice of counsel has a tough choice: claim the defense or claim the attorney-client privilege. … Waiver of Work Product Immunity However, the work product immunity is distinct from the attorney client privilege and merits its own analysis.