Case law

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

Neal v. Western Regional Jail

District Court, S.D. West Virginia · Apr 3, 2025

Government officials performing discretionary functions may be protected from monetary damages under the doctrine of qualified immunity when “their conduct does not violate clearly established statutory or constitutional … the right asserted 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,

Miller v. Rubenstein

District Court, S.D. West Virginia · Jan 31, 2018

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 … entitled to qualified immunity for the plaintiff’s § 1983 claim.

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.”

Hughes v. White

District Court, S.D. West Virginia · Dec 29, 2020

DISCUSSION The Defendant argues that it is entitled to qualified immunity because it has not violated any of the Plaintiff’s clearly established rights or acted in a way that was fraudulent … Qualified Immunity and Vicarious Liability To determine whether a state or its agencies are entitled to qualified immunity, the West Virginia Supreme Court has established a two-part test.

Miller v. Rubenstein

District Court, S.D. West Virginia · Jan 31, 2018

Qualified Immunity Defendant Hight asserts qualified immunity regarding the constitutional claim against her. … 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 or constitutional rights of

Insco v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Sep 7, 2021

“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 … This Court examined these circumstances in its earlier order in this case and found that another defendant, Moore, is entitled to qualified immunity due to the absence of a “clearly established” right of Plaintiff to be

Davis v. Milton Police Department

District Court, S.D. West Virginia · May 11, 2020

The doctrine of qualified immunity provides an affirmative defense to government officials against civil damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Mar. 23, 2020) (reasoning that “[d]iscovery will assist in determining whether Plaintiff’s claims violated a clearly established . . . right” and denying motion to dismiss on qualified immunity grounds); Cummings v.

Anderson v. Barkley

District Court, S.D. West Virginia · Sep 30, 2020

Qualified Immunity Brown next argues that he is entitled to qualified immunity for the § 1983 claims as well as all the state-law claims … constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”

Falkner v. Barkley

District Court, S.D. West Virginia · Sep 30, 2020

Qualified Immunity Brown next argues that he is entitled to qualified immunity for the § 1983 claims as well as all the state-law claims … constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.’”

Stoneman v. Bear

District Court, S.D. West Virginia · Jul 26, 2022

A state actor sued in her individual capacity for monetary damages generally qualifies as a suable “person” under Section 1983. Hafer v. Melo, 502 U.S. 21, 27 (1991). But she may be entitled to qualified immunity. … Qualified immunity is available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

deWet v. Rollyson

District Court, S.D. West Virginia · May 9, 2024

But he may be entitled to qualified immunity. Qualified immunity is available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Moving to the second step in the qualified immunity analysis, the Court examines whether the constitutional duty established today was “clearly established” on April 1, 2019.

Whittaker v. Dove

District Court, S.D. West Virginia · Nov 3, 2022

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 … established at the time of the alleged violation, Defendant Dove is not entitled to qualified immunity on Plaintiff's § 1983 claim.

Boggs v. Jividen

District Court, S.D. West Virginia · Jul 14, 2025

However, immunity does not attach to discretionary actions or omissions if made “in violation of a clearly established statutory or constitutional rights or laws of which a reasonable person would 1 Although Counts … First, “[a] litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.”

Pumphrey v. Coakley

District Court, S.D. West Virginia · Mar 16, 2018

Regarding the first question in a qualified immunity analysis, whether the Plaintiff had a clearly established right, the Defendants do not object to or assert an argument against the Magistrate Judge’s finding that the … Harvey present no real argument here regarding how they have established qualified immunity, and merely rely on their argument that qualified immunity should be found because Bivens should not be expanded in this case.

White v. Thompson

District Court, S.D. West Virginia · Mar 16, 2023

Excessive Force (Count IV) The doctrine of qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory … If the answer to either question is no, then the defendant is entitled to qualified immunity.

Freedom From Religion Foundation Inc. v. Mercer County Board of Education

District Court, S.D. West Virginia · Mar 26, 2021

The defense of qualified immunity shields a government official from liability if the official's conduct does not violate clearly established statutory or constitutional rights of which a … was clearly established.

Hammonds v. Prime Care Medical of West Virginia, Inc.

District Court, S.D. West Virginia · May 5, 2021

, and (2) that the right was “clearly established” at the time of the challenged conduct.’” … entitled to qualified immunity.”

Chester v. Crocker

District Court, S.D. West Virginia · Mar 21, 2023

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 … Because Plaintiff’s complaint fails to state a plausible violation of any clearly established constitutional right by these Defendants, I FIND that they are each entitled to qualified immunity on Plaintiff’s claims against