Case law

Langley v. Dr. Charles Lye

District Court, S.D. West Virginia · Sep 21, 2018

Defendants Ballard and Rubenstein further argue that they are entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Brown v. Belt

District Court, S.D. West Virginia · Oct 13, 2017

It is well established that government officials performing discretionary functions — such as Deputy Belt – are entitled to qualified immunity from liability for damages to the extent … right violated was clearly established.”

Gibson v. Goldston

District Court, S.D. West Virginia · Jul 13, 2022

Bailiff McPeake and Deputy Stump have moved for summary judgment, asserting qualified immunity. [Doc. 63]. a. … First Amendment Claim Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional

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.

Whittaker v. Dove

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

In the alternative, the WVDCR also argues that it is entitled to qualified immunity from any state-law negligence claims that are being asserted under Count One. (ECF No. 9 at 6–7.) … Qualified Immunity “It is well-settled that West Virginia law provides for a state agency’s protection through qualified immunity.” W. Virginia Bd. of Educ. v.

Pennington v. Mercer County Commission

District Court, S.D. West Virginia · May 23, 2023

Thus, Williams was entitled to qualified immunity on Stevenson's refusal-to-loosen claim because the law with respect to his Eighth Amendment rights was not clearly established … Ultimately, however, the court found that the officer was entitled to qualified immunity because the right he sought to avail himself of was not clearly established at the time of the

Smith v. City of Dunbar, West Virginia

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

Qualified immunity “shields officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have known.” Sims v. … 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

Reed v. EI Du Pont De Nemours and Co.

109 F. Supp. 2d 459 · District Court, S.D. West Virginia · Jan 31, 2000

In enacting the immunity provisions, the legislature intended to create a legislative standard, except as expressly provided in the statute, for the loss of that immunity of a more narrow application and containing more specific … Co., 375 U.S. 253 , 84 S.Ct. 316 , 11 L.Ed.2d 307 (1963) (per curiam) (finding that the “likelihood of misuse by the jury clearly outweighs the value of this evidence”).

Hamilton v. Hill

District Court, S.D. West Virginia · Jun 25, 2020

Barring a showing by Plaintiff that WVDOCR violated a “clearly established right or law” with respect to hiring or retention, Defendant WVDOCR is entitled to qualified immunity on claims involving these discretionary … WVDOCR violated a clearly established law in its negligent hiring and retention.

Ash v. Greenwood

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

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 Ash’s Complaint fails to state a plausible violation of any clearly established constitutional right, I FIND that all of the defendants are entitled to qualified immunity on Ash’s claims against

Hager v. Jividen

District Court, S.D. West Virginia · Apr 1, 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 have known, or [which] … 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.”

Brown v. Santiago

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

Qualified immunity is “an immunity from suit rather than a mere defense to liability.” , 472 U.S. 511, 526 (1985). … If the answer to either question is no, then the Defendants are entitled to qualified immunity.

Buzzard v. Iotov

District Court, S.D. West Virginia · Sep 10, 2018

“To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been ‘clearly established … Defendant is thus not entitled to qualified immunity at this stage. C.

Brown v. Jividen

District Court, S.D. West Virginia · Mar 31, 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 have known, or [which] … 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.”

Billiter v. Jones

District Court, S.D. West Virginia · Sep 22, 2020

Defendant Jones is not entitled to qualified immunity for Plaintiff’s § 1983 claim Qualified immunity shields government actors from liability “insofar as their conduct does not violate a clearly established statutory … There are two prongs to the Qualified immunity analysis: (1) “whether the facts that the plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right was ‘clearly established

Ali v. Raleigh County

District Court, S.D. West Virginia · Mar 29, 2018

He argues that the Plaintiff has failed to establish that Mr. Redden violated any clearly established constitutional law and is therefore entitled to qualified immunity. … 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

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Jan 23, 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 … Therefore, the next question is whether the right was clearly established at the time of the violation.

Parcell v. United States

104 F. Supp. 110 · District Court, S.D. West Virginia · Nov 23, 1951

Both pilots were qualified for instrument flying, and both planes were equipped for such flying. … The evidence does not establish which plane crashed in which spot. A line drawn between the two places of impact and extended points approximately in the direction" of the airport.

Daniel v. Dean

District Court, S.D. West Virginia · Jan 8, 2025

Furthermore, based upon the uncontested facts of this matter, Defendant Dean had qualified immunity and is entitled to summary judgment. … In Durham, the Fourth Circuit analyzed the applicability of qualified immunity in a “case of mistaken identity.” Durham, 690 F.3d at 185.

Brown v. Mason County Commission

District Court, S.D. West Virginia · Jul 22, 2021

s claims, it must determine whether Bryant is entitled to qualified immunity. … In general, qualified immunity shields government officials performing discretionary functions “from liability for damages insofar as their conduct does not violate clearly established statutory or constitutional