Case law

Myers v. City of Clendenin

District Court, S.D. West Virginia · Apr 25, 2022

Defendants move for summary judgment as to Counts VII and VIII, arguing that they are entitled to qualified immunity because they did not violate any of Myers’ clearly established constitutional rights. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Cloninger v. PrimeCare Medical, Inc.

District Court, S.D. West Virginia · May 20, 2020

The first prong of the qualified immunity analysis is therefore met. … Violation of Cloninger’s clearly established right to paraplegia-related care, including assistance with bathing and using the toilet, is not shielded by qualified immunity, and Cloninger succeeded in alleging such a violation

Nabors v. Tincher

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

Qualified Immunity Government officials are protected by qualified immunity when “performing discretionary functions . . . insofar as their conduct does … not violate clearly established statutory or constitutional rights of which [an objectively] reasonable person would have known.”

Rashid v. United States

170 F. Supp. 2d 642 · District Court, S.D. West Virginia · Oct 19, 2001

Subject Matter Jurisdiction The federal defendants argue that Rash-id has not established a basis for subject matter jurisdiction. … Sovereign Immunity The second hurdle to Rashid’s claim is sovereign immunity. The United States is generally immune from suit, and cannot be sued without its consent. United States v.

Palmer v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Oct 25, 2023

As to Count One, Defendants argue that, as a matter of law, they are entitled to qualified immunity. (ECF No. 37 at 9–12.) … Notably, Plaintiff has completely and utterly failed to respond to Defendants’ qualified immunity argument. (See generally ECF No. 40.)

Cornell v. West Virginia Division of Corrections & Rehabilitation

District Court, S.D. West Virginia · Oct 1, 2024

To establish a violation of either statute, plaintiffs must prove (1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service, program, or activity; and (3) … Regulations governing the ADA clearly state that an inmate cannot be housed in a facility that does not offer the same program for which the inmate is otherwise qualified.

Doss

District Court, S.D. West Virginia · Jan 15, 2026

based on (1) insufficiency, and (2) qualified immunity. … 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.”

Davis v. Monsanto Co.

627 F. Supp. 418 · District Court, S.D. West Virginia · Jan 14, 1986

Davis’ argument fails to establish good cause to alter the time frames established in the Pretrial Procedures and Final Scheduling Order entered April 5, 1985, for amendment and joinder of parties. … Additionally, a qualified privilege may attach to communications of private information.

Gravely v. Hinchman

District Court, S.D. West Virginia · Jun 30, 2025

“Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … However, as explained below, Defendant need not establish that he is entitled to qualified immunity because Plaintiff’s claims are untimely. b.

Graham v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Dec 12, 2023

Qualified immunity is an affirmative defense intended to shield public officials from civil suits arising out of their performance of job-related duties. See, e.g., Pearson v. … If a jury credits the evidence put forth by the Plaintiff, the Defendants would not be entitled to qualified immunity.

Baisi v. Hoffman

District Court, S.D. West Virginia · Aug 12, 2025

Plaintiff argues that “actions that are not intimately associated with the judicial process, including acts before or after criminal proceedings . . . receive only qualified immunity.” Obj. at 2. … Other actions are entitled only to qualified immunity. Buckley v. Fitzsimmons, 509 U.S. 259, 273 (1993).

Lowe

District Court, S.D. West Virginia · Nov 19, 2025

Defendants counter that they are entitled to summary judgment on the defense of qualified immunity inasmuch as, they contend, their conduct did not violate clearly established law, and they … qualified immunity.

Hamrick v. Tibbs

District Court, S.D. West Virginia · Mar 11, 2025

In addition, he argues that WVDCR is not entitled to qualified immunity because the conduct was within the scope of employment, but clearly unlawful based on precedent regarding unnecessary use of tasers and OC spray. … However, “situations wherein State actors violate clearly established rights while acting within the scope of their authority and/or employment, are reasonably borne by the State.” Id.

Lilly v. United States

141 F. Supp. 2d 626 · District Court, S.D. West Virginia · May 11, 2001

Clifford and some other individuals carried the plaintiff from the establishment and placed her in Clifford’s car. … Congress specifically excluded intentional torts from the government’s waiver of sovereign immunity.

O'Neal v. Wisen

District Court, S.D. West Virginia · Jul 6, 2018

Rollyson moved for summary judgment, arguing that West Virginia law places the duty to provide notice on the tax lien purchaser, and that he was entitled to qualified immunity. … On April 26, 2018, the Fourth Circuit affirmed this Court’s denial of qualified immunity in an unpublished opinion.

Bowling v. McVay

16 F. Supp. 2d 672 · District Court, S.D. West Virginia · Jul 3, 1997

First, the allegations as contained in the instant civil action clearly stem from defendant McCarty’s employment as a Jackson County Circuit Judge; thus, defendant McCarty is entitled to absolute immunity on all claims. … Defendant McCarty’s remarks were clearly intended to persuade the plaintiff to consider obtaining legal representation.

Ali v. Raleigh County

District Court, S.D. West Virginia · May 14, 2019

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 … Ali’s arrest was not objectively unreasonable, and the Defendants are entitled to qualified immunity in their individual capacity as Ali cannot establish that a violation of his Fourth Amendment rights occurred.

Mack v. Turner

169 F. Supp. 3d 666 · District Court, S.D. West Virginia · Mar 14, 2016

In their memorandum in support of their motion to dismiss or for summary judgment, the Defendants assert that they are entitled to qualified immunity. … Qualified immunity shields public officials from suits alleging injuries related to actions taken in the course of their job-related duties.

Walker v. Donahoe

District Court, S.D. West Virginia · Mar 2, 2020

Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Village of Pinehurst, the Fourth Circuit held the officers’ use of a stun gun violated the Fourth Amendment, but qualified immunity applied because the arrestee’s right not to be tased was not clearly established. 810

Lilly v. City of Beckley, W. Va.

615 F. Supp. 137 · District Court, S.D. West Virginia · Mar 1, 1985

Defendant City of Beckley is an employer within the meaning of Title VII and is not immune to liability thereunder. 3. … Defendants failed to show that the purported affirmative action plan upon which they relied was substantially related to the objective of remedying past discrimination in that they failed to establish that its implementation