Case law

Browning v. Snead

886 F. Supp. 547 · District Court, S.D. West Virginia · May 17, 1995

Doory, 14 F.3d 993, 995 (4th Cir.1994) our Court of Appeals discussed generally the application of qualified immunity as follows: “Qualified immunity shields a governmental official from liability for civil monetary damages … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Clark v. Milam

152 F.R.D. 66 · District Court, S.D. West Virginia · Dec 1, 1993

It is difficult to establish a defense is clearly insufficient. Spell v. McDaniel, 591 F.Supp. 1090, 1112 (E.D.N.C.1984). … Struck. 16 Failure to plead RICO allegations with sufficient probability to establish probable cause of causal connection. Struck. 17 No duty. Struck. 18 Sovereign immunity, qualified privilege.

Walton v. Ballard

District Court, S.D. West Virginia · Mar 30, 2018

established federal law.” … Johnson, 647 F.3d 87, 103 (4th Cir. 2011) (“The rule and analytical framework announced by the Supreme Court in Strickland ‘unquestionably qualifies as “clearly established” federal law under § 2254(d).’”

Weigle v. Pifer ex rel. City of Vienna Police Department

139 F. Supp. 3d 760 · District Court, S.D. West Virginia · Oct 14, 2015

These material disagreements preclude the application of qualified immunity to the officers at this juncture. The right to be free from excessive force during an arrest is a clearly established constitutional right. … Our Court of Appeals has explained that, in circumstances where qualified immunity is invoked, if there is a “genuine question of material fact regarding ‘[w]hether the conduct allegedly violative of [such a clearly established

Preast v. McGill

65 F. Supp. 2d 395 · District Court, S.D. West Virginia · Sep 10, 1999

clearly established at the time of the incident, and (3) evaluate whether a reasonable [official] would have understood that the conduct at issue violated the clearly established right.” … Qualified immunity shields Deputy Gainer “from suits for damages if ‘a reasonable officer could have believed [Preast’s arrest] to be lawful, in light of clearly established law and the information” ’ Deputy Gainer possessed

Kenney v. Charnock

441 F. Supp. 2d 769 · District Court, S.D. West Virginia · Jul 26, 2006

was clearly established must be considered[.]” 533 U.S. at 200, 121 S.Ct. 2151 . … The sheriff filed a motion to dismiss based, inter aha, upon qualified immunity. Id.

Rex v. West Virginia School of Osteopathic Medicine

119 F. Supp. 3d 542 · District Court, S.D. West Virginia · Aug 11, 2015

She asserts that qualified immunity is not available because the Defendants violated her clearly established right to be free from sex discrimination in education. … It is also clearly established that responding to complaints of sexual harassment with deliberate indifference violates that right. Jennings, 482 F.3d at 701.

Green v. City of Welch

822 F. Supp. 1236 · District Court, S.D. West Virginia · Jun 3, 1993

The Defense of Qualified Immunity Police officers are entitled to summary judgment on the ground of qualified immunity in civil rights cases if they can establish that reasonable officers could have believed that their actions … were lawful in light of both clearly established law and information the officers possessed at the time of the acts in question.

Quinn v. Zerkle

District Court, S.D. West Virginia · Dec 20, 2021

Even if the Court finds that the entry does constitute a Fourth Amendment violation, they argue that they are entitled to qualified immunity because “there is no federal case law or case law in West Virginia that clearly … He argues that clearly established precedent precludes the claim of qualified immunity.

Robertson v. City of Beckley

963 F. Supp. 570 · District Court, S.D. West Virginia · May 7, 1997

Qualified immunity immunizes officers from 42 U.S.C. § 1983 liability arising from their official discretionary acts that do not “violate clearly established statutory or constitutional rights of which a reasonable person … Our Court of Appeals has formulated a three prong test to determine whether an officer’s conduct is immunized: (1) identify the right allegedly violated, (2) decide whether that right was clearly established at the time of

Better Government Bureau, Inc. v. McGraw

924 F. Supp. 724 · District Court, S.D. West Virginia · Apr 25, 1996

established law. … Accordingly, McGraw is the only Defendant putatively entitled to interpose a qualified immunity defense.

Deakins v. Pack

957 F. Supp. 2d 703 · District Court, S.D. West Virginia · Jul 12, 2013

Deakins claims that “Defendants are not entitled to qualified immunity because their conduct, acts, and/or omissions did violate the Plaintiffs’ clearly established statutory, constitutional, and civil rights.” … Deakins claims that “Defendants are not entitled to qualified immunity because their conduct, acts, and/or omissions did violate the Plaintiffs’ clearly established statutory, constitutional, and civil rights.”

Lester v. City of Gilbert

85 F. Supp. 3d 851 · District Court, S.D. West Virginia · Feb 4, 2015

Tupper are entitled to qualified immunity because the Plaintiffs cannot prove that they knowingly violated a clearly established law. … Thus, in asserting a qualified immunity defense, Defendants C.A. Douglas, J.T.

Copson v. Hephner

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

“Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … officer had violated the son’s clearly established Fourth Amendment rights.

Conley v. Ryan

92 F. Supp. 3d 502 · District Court, S.D. West Virginia · Mar 13, 2015

The burden of establishing that absolute immunity is applicable in' a given situation falls on the party seeking immunity. Burns v. … Sparks has not invoked qualified immunity in his motion to dismiss.

Skundor v. McBride

280 F. Supp. 2d 524 · District Court, S.D. West Virginia · Sep 10, 2003

The second question is whether the right alleged to have been violated was a “clearly established ... right[ ] of which a reasonable person would have known.” Harlow v. … The court explained: A defendant is entitled to summary judgment on grounds of qualified immunity when there is no genuine issue of material fact, and when the undisputed facts establish that the defendant is entitled to

Jordan v. Town of Pratt

886 F. Supp. 555 · District Court, S.D. West Virginia · May 24, 1995

Doory, 14 F.3d 993, 995 (4th Cir.1994) our Court of Appeals discussed generally the application of qualified immunity as follows: “Qualified immunity shields a governmental official from liability for civil monetary damages … Therefore, the Court concludes the law was not clearly established that Mr.

Bartram v. Wolfe

152 F. Supp. 2d 898 · District Court, S.D. West Virginia · Jul 12, 2001

Defendant Wolfe has asserted the defense of qualified immunity. … Defendant also asserts the defense of qualified immunity. (Id., at 15.)

Brodnik v. Lanham

District Court, S.D. West Virginia · Mar 30, 2018

The defense of qualified immunity shields a government official from liability for civil monetary damages if the officer's conduct does not violate clearly established statutory or … Qualified immunity is applicable unless the official's conduct violated a clearly established constitutional right. Pearson v. Callahan, 129 S.

Cook v. Board of Educ. for Logan County

671 F. Supp. 1110 · District Court, S.D. West Virginia · Oct 19, 1987

The basis of their motion is the doctrine of qualified immunity. A. … That immunity, they concede, is not absolute, but rather, is qualified. In Wood v.