Case law

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.

Wolfe v. Green

257 F.R.D. 109 · District Court, S.D. West Virginia · Apr 2, 2009

The quotation used by Defendant (which is not transcribed accurately) concerns the application of the doctrine of qualified immunity in a civil rights case. … The court held that the officer was not entitled to qualified immunity. Id., at 174 . The court notes that Defendant’s discovery responses fail to comply with the requirements of the Federal Rules of Civil Procedure.

Jones v. Marshall University Board of Governors

District Court, S.D. West Virginia · Jul 1, 2021

To establish that she is qualified, Plaintiff must either show that she “could satisfy the essential eligibility requirements of the program” either with or without a “reasonable accommodation.” Id. … This immunity, however, is subject to waiver.

Jafary v. Ward

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

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 … It is clearly established that person may not be arrested without probable cause, just as it is clearly established that an officer may not make false statements to manufacture probable cause.

Sizemore v. Morris

District Court, S.D. West Virginia · Jan 15, 2020

However, qualified immunity also requires an additional step—whether the constitutional violation was clearly established. … ’ qualified immunity defense.

McCoy v. Ferguson

District Court, S.D. West Virginia · Aug 13, 2019

not violate clearly established laws of which a reasonable official would have known.” … Plaintiff asserts these actions violated clearly established state laws and, therefore, Defendants Endicott and Hale are not entitled to qualified immunity.

Knouse v. Primecare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Sep 24, 2018

Officers 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 the time … The court was asked to “define the right at issue” under a qualified immunity analysis: The defendant asked the court to frame the analysis as whether it is “clearly established that a prison medical provider

Robinson v. Miller

District Court, S.D. West Virginia · Jul 27, 2018

In determining whether qualified immunity applies, the Court must look at whether the plaintiff has demonstrated that a depravation of a constitutional right has occurred and whether that right was clearly established at … Accordingly, the Court must resolve the first qualified immunity factor in Plaintiff’s favor. The Court will now turn to whether this right was clearly established. 2.

Knouse v. Primecare Medical of West Virginia, Inc.

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

The defendant argues that he is entitled to qualified immunity and the § 1983 claim against him therefore should be dismissed Officers are entitled to qualified immunity under 42 U.S.C. § 1983 unless ( … State Law Qualified Immunity The court will next examine the plaintiff’s state law claims.

Twisdale v. Paulson

595 F. Supp. 2d 686 · District Court, S.D. West Virginia · Jan 23, 2009

Plaintiff engaged in protected activity under Title VII To establish a prima facie case of retaliation, Plaintiff must establish that he engaged in protected activity. … Nor did the Supreme Court in any way qualify its observation in Morton v.

Kenneda v. United States

815 F. Supp. 926 · District Court, S.D. West Virginia · Mar 11, 1993

In re Swine Flu Immunization Products Liability Litigation, Kenneda v. United States, 880 F.2d 1439 (D.C.Cir.1989). … Olanow is clearly qualified, not only by his education, but also as a result of his experience in diagnosing and treating GuillainBarre Syndrome and polyneuropathies, to give an opinion as to causation in this case, pursuant

Boggess v. Housing Authority of City of Charleston

273 F. Supp. 2d 729 · District Court, S.D. West Virginia · Jul 25, 2003

Counts I and II — Qualified Immunity. … Thus, the court will consider the individual Commissioner defendants’ qualified immunity argument only as it relates to Count II.

Manriquez

District Court, S.D. West Virginia · Mar 26, 2026

Second, the court asks “whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)). … Those factual disputes are material to the court’s analysis of the first prong of qualified immunity.

Franklin

District Court, S.D. West Virginia · Jan 7, 2026

Riley, 76 F.4th 259 (4th Cir. 2023), typically, qualified immunity protects government officials who are sued in their individual capacity “‘insofar as their conduct does not violate clearly established statutory … A plaintiff may overcome qualified immunity, however, by showing “(1) that the government official violated a statutory or constitutional right and (2) that right was clearly established at the time of the challenged conduct

Taylor v. City of Dunbar

District Court, S.D. West Virginia · Aug 31, 2021

“A constitutional right is ‘clearly established’ when its contours are sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Cooper v. … established.”3 Id.

Williams v. Bob Barker, Inc.

District Court, S.D. West Virginia · Jul 8, 2022

The magistrate judge, however, did not recommend only that qualified immunity bars Williams’ § 1983 claim. … gums, the court is unaware of any authority suggesting that such right is clearly established to defeat qualified immunity.

Iannacone v. Ellison

District Court, S.D. West Virginia · Mar 25, 2025

Officers are entitled to qualified immunity “unless [his] conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Despite this well settled principle, Defendants assert that Deputy Ellison is entitled to qualified immunity because it is “debatable and thus not clearly established” that “flashing one’s headlights to warn other motorists

Van

District Court, S.D. West Virginia · Aug 21, 2026

Even where an officer acted unreasonably, qualified immunity shields the officer from liability if they did “not violate clearly established . . . constitutional rights of which a reasonable person would have known.” … If a jury concluded this was, in fact, the real basis for the arrest, qualified immunity would not shield Ferguson from liability.

Miller v. Hall

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

When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … of a federal statutory or constitutional right; and (2) this violation was of a clearly established right of which a reasonable person would have known.”

Northcraft v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jun 9, 2021

To determine whether a state or its agencies are entitled to qualified immunity, the West Virginia Supreme Court has established a two-part test. … Thus, the Defendants are not entitled to qualified immunity as a matter of law.