Case law

Reid v. Wilson

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

QUALIFIED IMMUNITY Qualified immunity is an affirmative defense intended to shield public officials from civil suits arising out of their performance of job-related duties. … “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.

Lewis v. West Virginia Supreme Court of Appeals

983 F. Supp. 2d 768 · District Court, S.D. West Virginia · Oct 21, 2013

Feeney, 495 U.S. 299, 304 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (“This Court has drawn upon principles of sovereign immunity to construe the Amendment to establish that an unconsenting [s]tate is immune from suits brought … Rule 11 Sanctions Because the Eleventh Amendment clearly bars the plaintiffs suit, the plaintiffs counsel is ORDERED to show cause why sanctions under Rule 11(b) are not warranted.

Lowe v. Williams

District Court, S.D. West Virginia · Nov 2, 2021

Even when determining whether a party is entitled to the protections of qualified immunity, “courts may not resolve genuine disputes of fact in favor of the party seeking summary judgment.” , 572 U.S. … “In deciding whether a defendant is entitled to qualified immunity” for an excessive force claim, “[courts] examine (1) whether the facts illustrate that [the defendant] violated [the plaintiff’s] constitutional right

Brown v. Mason County Commission

District Court, S.D. West Virginia · Dec 5, 2019

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 rights … has clearly provided for immunity under the circumstances.”

Medley v. Ginsberg

492 F. Supp. 1294 · District Court, S.D. West Virginia · Jun 10, 1980

City of Greenwood, 1964, 384 U.S. 808 , 86 S.Ct. 1800 , 16 L.Ed.2d 944 , clearly indicated that § 1983 was applicable when statutory, as well as, constitutional ‘rights, privileges and immunities’ were involved.” 505 F.2d … Less easily resolved is whether CMHCA affords plaintiffs “a right, privilege or immunity” secured by a federal statute.

Barker v. Gaylor

District Court, S.D. West Virginia · Aug 2, 2021

Connor factors is not determinative of the qualified immunity issue. The key issue is whether plaintiff’s right was clearly established law at the time. … Because no clearly established right was violated, Vanhorn and McClure are entitled to qualified immunity for the derivative claims as well.

White v. Thompson

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

Excessive Force The doctrine of qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory … The determination of whether a state official receives the benefit of qualified immunity is a two-step process.

Barnett v. Cummings

District Court, S.D. West Virginia · Mar 22, 2023

Subsequently, the parties debate whether the conduct complained of violated a clearly established statutory or constitutional right sufficient to overcome qualified immunity. … While AB reaffirmed Clark’s holding that “mere negligence” was insufficient to overcome qualified or official immunity, the West Virginia Supreme Court of Appeals proceeded to apply the violation of “clearly established

Quigley v. City of Huntington WV

District Court, S.D. West Virginia · Sep 22, 2017

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.

Bellomy v. United States

888 F. Supp. 760 · District Court, S.D. West Virginia · Jun 2, 1995

The Federal Tort Claims Act, 28 U.S.C. § 1346 (“FTCA”), creates a limited waiver of sovereign immunity. … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of states of the United States; and (e) such expert is engaged or qualified

Simpson v. City of Charleston

22 F. Supp. 2d 550 · District Court, S.D. West Virginia · Oct 1, 1998

“Program accessibility” is clearly a broad term, which includes the curb ramp at issue here. … Whether the curb ramp at issue was in repair is clearly a crucial issue for the trier of fact in this case.

Leibelson v. Samuels

District Court, S.D. West Virginia · Dec 27, 2017

Qualified Immunity The Defendants each assert a defense of qualified immunity. … ’s Motion for Summary Judgment on Qualified Immunity (Document 193) be GRANTED, and that Defendant Joshua Taylor’s Motion for Summary Judgment on Qualified Immunity (Document 195) be GRANTED.

Holcomb v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Sep 27, 2021

WVDOCR asserts that it is entitled to qualified immunity for this count. ECF No. 7, at 6−7. … conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Searcy v. Wimmer

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

Qualified Immunity Wimmer further asserts that Searcy’s claim against him is barred by the doctrine of qualified immunity. … Furthermore, this right was clearly established on June 3, 2013, the date of the incident.

Cottrell v. Stepp

District Court, S.D. West Virginia · Feb 2, 2023

Qualified Immunity Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established … immunity from personal liability for official acts if the involved conduct did not violate clearly established law.”

Mays v. The Cabell County Board of Education

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

Jones are entitled to qualified immunity in their individual capacities. … was ‘clearly established’ at the time of the challenged conduct.”

Smith v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Sep 30, 2024

Defendant Wade contends she is 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.

Reeves v. Meddings

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

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 … If both factors result in the affirmative, qualified immunity does not apply. Pearson, 555 U.S. at 232.

Martin Sales & Processing, Inc. v. West Virginia Department of Energy

815 F. Supp. 940 · District Court, S.D. West Virginia · Mar 16, 1993

The Fourth Circuit recognized a state’s general waiver of sovereign immunity will not suffice to waive the immunity conferred by the Eleventh Amendment. Citing the Supreme Court’s holding in Atascadero State Hosp. v. … Moreover, West Virginia clearly has not consented to suit. Consequently, Plaintiffs claims against the State are barred by the Eleventh Amendment.

Baisi

District Court, S.D. West Virginia · Oct 16, 2025

In the instant case, Defendant Bleavins is not entitled to qualified immunity because Plaintiff alleges a clearly established right concerning his claim of retaliation under the First Amendment. … In 2017, the Fourth Circuit held that an inmate’s right to file a prison grievance free from retaliation was clearly established under the First Amendment so as to preclude qualified immunity. Booker v.