Case law

Taylor v. Clay County Sheriff's Department

District Court, S.D. West Virginia · Feb 24, 2020

right was clearly established at the time of the alleged violation. … A clearly established right is one that “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.’” West v.

Worley v. Ewing

District Court, S.D. West Virginia · Mar 12, 2021

Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person … Sept. 26, 2019) (finding clearly established law and denying qualified immunity on excessive force claim by allegedly compliant, restrained inmate); , 754 F.

Dean v. Officer Charles Newman

District Court, S.D. West Virginia · May 19, 2023

Clearly established analysis Officer Newman then argues that he is entitled to qualified immunity even if his actions were objectively unreasonable—he claims that Plaintiff cannot … , the Court finds that Officer Newman is not entitled to qualified immunity.

Murray v. Lilly

District Court, S.D. West Virginia · Sep 26, 2019

Under the doctrine of qualified immunity, “[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long ‘as their conduct does not violate clearly established statutory … Having found that the Defendants’ conduct did not constitute a constitutional violation and that the law was not clearly established the Defendants’ are entitled to qualified immunity on this claim.

Lowe v. Ames

District Court, S.D. West Virginia · Jun 28, 2024

Second, defendants argue that they are entitled to qualified immunity in this matter solely because plaintiff does not have a clearly established constitutional right “to be housed … When a government official is sued in their individual capacity, they are shielded by qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional

Insco v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · May 28, 2020

The Right Allegedly Violated As explained above, qualified immunity can be overcome only by clearly established law governing the specific facts at hand. See Mullenix v. … Here, Plaintiff frames the qualified immunity question in broad terms, asking whether it is clearly established that denying treatment for a serious medical condition violates the Eighth Amendment.

York

District Court, S.D. West Virginia · May 4, 2026

Thus, in addressing a motion to dismiss for qualified immunity, the Court must consider “(1) whether a constitutional violation occurred and (2) whether the right violated was clearly established.” Ray v. … For the purposes of qualified immunity, “[a] clearly established right is one that is ‘sufficiently clear that every reasonable official would have understood that what he is doing violates that right.’” Mullenix v.

Smith v. Monsanto Co.

822 F. Supp. 327 · District Court, S.D. West Virginia · Sep 29, 1992

went beyond the confines of the employer-employee relationship and established a relationship akin to that of physician-patient. … Michaels' affidavit "will likely be inadmissible at trial,” on the basis that his background in epidemiology and sociomedical sciences are allegedly insufficient to qualify him to render an opinion regarding industry-wide

Simmons

District Court, S.D. West Virginia · Aug 3, 2026

An official is entitled to qualified immunity unless (1) they violated a federal statutory or constitutional right and (2) that right was clearly established at the time of its violation. See Owens v. … Qualified immunity shields government officials from liability when they perform discretionary activities in an official capacity so long as they “did not violate clearly established laws of which a reasonable official

Summers v. West Virginia Department of Homeland Security

District Court, S.D. West Virginia · Oct 31, 2022

(2) Qualified Immunity Lastly, Deputy Lester argues that he is entitled to qualified immunity as to Count I of the FAC—unreasonable search and seizure … However, Deputy Lester’s alleged violation occurred before the Supreme Court’s opinion in Caniglia, which does leave him the opportunity to argue that his qualified immunity defense is intact due to the law not being “clearly

Martin

District Court, S.D. West Virginia · Nov 12, 2025

Qualified Immunity When determining whether a defendant is entitled to qualified immunity for an excessive force claim under 42 U.S.C. § 1983, courts “examine (1) whether the … Va. 2023) (“West Virginia’s qualified immunity jurisprudence mirrors federal law.”).

Adkins v. Consolidation Coal Co.

856 F. Supp. 2d 817 · District Court, S.D. West Virginia · Apr 13, 2012

Our court of appeals lays a “heavy burden” upon a defendant claiming fraudulent joinder: “In order to establish that a nondiverse defendant has been fraudulently joined, the removing party must establish either: [tjhat there … The best way to advance this objective is to accept the parties joined on the face of the complaint unless joinder is clearly improper.

Reeves v. Meddings

District Court, S.D. West Virginia · Nov 19, 2021

Immunity Defendant first contends that he is entitled to qualified and statutory immunity. … “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 which a reasonable

Morgan v. Logan County Commission

District Court, S.D. West Virginia · Apr 18, 2019

(ECF No. 9 at 4.)1 “Qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “In order for a plaintiff to overcome an official’s qualified immunity defense, the plaintiff must demonstrate (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Smith v. John/Jane Doe Correctional Officers

District Court, S.D. West Virginia · Oct 22, 2024

violate clearly established laws of which a reasonable official would have known.” … The plaintiff in A.B. alleged a correctional officer raped her, which the SCAWV found to be a violation of clearly established law. Id.

Sanger v. Dodrill

District Court, S.D. West Virginia · Jun 5, 2023

In addition, the Plaintiff argues that Defendants Dodrill and Hogan are not entitled to qualified immunity because their actions were not reasonable and the rights at issue were clearly established. A. … Even if the Plaintiff could specify a clearly established constitutional right at issue, qualified immunity would protect their “reasonable but mistaken judgment” about how best to assist Mr.

Perkins v. United States

848 F. Supp. 1236 · District Court, S.D. West Virginia · Apr 7, 1994

The United States enjoys sovereign immunity from suits for damages at common law. The Federal Tort Claims Act is a limited statutory waiver of this sovereign immunity. … is clearly shown.

Dial v. Higginbotham

District Court, S.D. West Virginia · Mar 9, 2023

Qualified Immunity Initially, the Court notes that qualified immunity only applies to individual defendants and is inapplicable to Plaintiff’s claims against the Milton Police … , whether that right was clearly established at the time of the alleged violation.”

Hood v. West Virginia Department of Health and Human Resources

District Court, S.D. West Virginia · Feb 13, 2023

But at this juncture, I find that Plaintiffs, on behalf of J.H., state a viable claim of conspiracy to violate clearly established law. … Moreover, qualified immunity is available only to officials whose “conduct did not violate clearly established laws of which a reasonable official would have known.” , 483 S.E.2d at 520 (quoting Syl. pt. 1,

Wilson v. Frame

District Court, S.D. West Virginia · Mar 23, 2020

of a clearly established right and (2) the use of restraints in this case is not a violation of a clearly established right. … “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 a reasonable officer would have