Case law

Marcum v. Bailey

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

The Defendant also argues that it is entitled to qualified immunity from state law claims because no clearly established statutory or constitutional rights were violated. … The Plaintiff argues that the Defendant is not entitled to qualified immunity because the actions clearly violated his constitutional rights and Defendant Bailey would have known that his conduct was a violation of the

Black v. Cummings

District Court, S.D. West Virginia · Oct 17, 2023

Taken together, Mitchell and Johnson establish a “continuum along which the court makes qualified immunity decisions.” Thompson v. Farmer, 945 F. Supp. 109, 114 (W.D.N.C. 1996). … This legal question is at the heart of qualified immunity. See id. The Court stands by its conclusion the constitutional rights at issue here were clearly established by 2007. See Black, 2023 WL 6444893, at *3 n.3.

Evans v. CDX SERVICES, LLC

528 F. Supp. 2d 599 · District Court, S.D. West Virginia · Jan 4, 2007

To show that a nondiverse defendant has been fraudulently joined “the removing party must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state … statute according to the legislative intent therein clearly expressed.”

Young v. Lacy

District Court, S.D. West Virginia · Apr 6, 2020

“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 … Qualified immunity analysis involves two inquiries: (1) whether the plaintiff has established the violation of a constitutional right; and (2) whether that right was clearly established

Toon v. Zerkle

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

Even if their actions did violate the Plaintiffs’ Fourth Amendment rights, they contend that such rights were not clearly established, and they are entitled to qualified immunity. … They further argue that they are entitled to qualified immunity, given the lack of clearly established law demonstrating that entry based on either consent or hot pursuit would constitute a constitutional violation under

Quinn v. Zerkle

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

Even if their actions did violate the Plaintiffs’ Fourth Amendment rights, they contend that such rights were not clearly established, and they are entitled to qualified immunity. … They further argue that they are entitled to qualified immunity, given the lack of clearly established law demonstrating that entry based on either consent or hot pursuit would constitute a constitutional violation under

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Jan 22, 2018

do not violate a clearly established law or constitutional duty.” , 796 S.E.2d 193, 198 (W. … Under the doctrine of federal 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

Summers v. West Virginia Department of Homeland Security

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

in part, that he is entitled to qualified immunity. … Under the doctrine of qualified immunity, an officer is not liable for his actions, even if those actions would have violated the Constitution, if no clearly established law prohibited those actions.

Deberry v. Wade

District Court, S.D. West Virginia · Jan 7, 2025

immunity dispute whether Defendant violated Plaintiff’s constitutional rights not whether the law against it is clearly established. … Jan. 3, 2024) (“The law surrounding excessive force [in the taser use context] is clearly established.”).

Ali v. Raleigh County

District Court, S.D. West Virginia · Aug 28, 2018

He asserts a general qualified immunity to all the Plaintiff’s claims and a qualified immunity from the Plaintiff’s negligence claims in particular. … The requirement that law enforcement officers have probable cause before making an arrest is a clearly established right.

Kelly v. West Virginia Regional Jail Correctional Facility Authority

District Court, S.D. West Virginia · Jul 2, 2019

The defendants move to dismiss both counts on the basis of qualified immunity. … “[T]he question of whether the constitutional or statutory right was clearly established is one of law for the court.” Hutchinson v.

Knouse v. Primecare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Jan 17, 2019

The defendants assert that they are entitled to qualified immunity and that the § 1983 claim therefore should be dismissed. … Officers are entitled to qualified immunity under 42 U.S.C. § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.”

Nabors v. Tincher

District Court, S.D. West Virginia · Dec 1, 2023

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. … Nabors’ favor, combined with those case law factors unfavorable to Trooper Tincher, along with the existence of a clearly established right prohibiting the force here used, qualified immunity is inappropriate.

Greene v. C. J. Eastridge

District Court, S.D. West Virginia · Nov 10, 2022

However, qualified immunity does not extend to instances where a defendant has violated a constitutional right that was clearly established at the time of the challenged conduct. Mays v. … Because the alleged fabrication of evidence violated a statutory or constitutional right that was clearly established at the time of allegedly oppressive conduct, Defendant Eastridge is not entitled to qualified immunity

Cooper v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Oct 18, 2022

Va. 2015) ("A public officer is entitled to qualified immunity for discretionary acts even if committed negligently."). … P. 12(b)(6), the Court need not and does not reach the question of whether the Defendants are entitled to qualified immunity on these claims. 1

Delli-Veneri v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 30, 2021

Defendants argue they are entitled to qualified or official immunity. … not to define clearly established law at a high level of generality.” , 563 U.S. at 742.

Boyes v. Simmons

District Court, S.D. West Virginia · Sep 28, 2021

Because this right is clearly established, the PF&R recommends that this Court find that Defendants are not entitled to qualified immunity. (Id. at 32.) … 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 person would

Bygum v. The City of Montgomery

District Court, S.D. West Virginia · Sep 30, 2021

Qualified immunity “protects from liability officers who commit constitutional violations, but whose conduct does not violate clearly established statutory or constitutional … Prong two -- Whether Young’s Fourth Amendment right was clearly established “A right is ‘clearly established’ if it would be clear to a reasonable officer

Deavers v. Martin

District Court, S.D. West Virginia · Sep 19, 2022

section that Martin is not entitled to qualified 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

Braley v. Thompson

District Court, S.D. West Virginia · Oct 11, 2024

Excessive Force 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.