Case law

Doe v. Cabell County Board of Education

District Court, S.D. West Virginia · Feb 24, 2022

Statutory Immunity Defendant asserts that it is statutorily immune from Counts II, IV, V, VIII, and IX. … Code, 29–12A–4(c) can survive immunity from liability under the general grant of immunity in W. Va. Code, 29–12A–4(b)(1))).”

Redd v. McDowell County Board of Education

976 F. Supp. 2d 838 · District Court, S.D. West Virginia · Sep 30, 2013

First, Defendants state that they “withdraw their argument on Eleventh Amendment immunity.” (Id., p. 1.) … To establish a prima facie case under Title VII and WVHRA, a plaintiff must allege “(1) that she is a member of a protected class; (2) that she was qualified for her job and her job performance was satisfactory; (3) that,

Laprade

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

immunity. … Because Plaintiff fails to plausibly allege a constitutional violation by Defendant Smith, the Court need not address Defendants' qualified-immunity argument.

Chau v. Air Cargo Carriers, LLC

District Court, S.D. West Virginia · Feb 10, 2020

First, she contends that the Estate does not qualify for immunity because Alvarado’s purportedly fraudulent act was not taken in furtherance of the employer’s business and, thus, falls outside a statutory deliberate intent … Plaintiff also argues that the Estate is not immune from liability because ACC failed to comply with the statutory requirements to qualify for employer immunity under West Virginia Code § 23-1-1, et seq.

O'Donnell v. Biolife Plasma Services, L.P.

384 F. Supp. 2d 971 · District Court, S.D. West Virginia · Aug 30, 2005

First, Biolife claims that Plaintiff cannot show she was qualified for the job because her underlying claim is that she was disabled and unable to perform her work. … Clearly, under the terms of the policy, Plaintiffs argument that her termination affected her ability to apply for long term disability benefits is simply wrong.

Hammonds v. Prime Care Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Mar 13, 2020

[2] was clearly established at the time of the challenged conduct.’” … Circuit since at least 1976 and, thus, was clearly established at the time of the events in question.’”

At MASSEY COAL CO., INC. v. Meadows

476 F. Supp. 2d 578 · District Court, S.D. West Virginia · Mar 1, 2007

As grounds for dismissal, defendant argues that plaintiffs' suit is barred by the Eleventh Amendment to the United States Constitution, that plaintiffs lack standing, and that she is entitled to qualified immunity. … Three elements are necessary to establish standing. First, the plaintiff must have suffered an "injury in fact." White Tail Park, 413 F.3d at 458 .

United States v. Chandler

157 F. Supp. 753 · District Court, S.D. West Virginia · Dec 16, 1957

In that case the sufficiency of the indictment was attacked, and the court stated : “We think the indictment clearly stated an offense under 18 U.S.C.A. § 241 . … “We think, too, that the acts charged in the indictment clearly *755 came within both the letter and spirit of 18 U.S.C.A. § 241 .

Kolata v. United Mine Workers of America 1974 Pension Trust

533 F. Supp. 313 · District Court, S.D. West Virginia · Feb 19, 1982

The defendant 1974 UMWA Pension Trust was established pursuant to the provisions of the 1974 UMWA Pension Plan (1974 Plan). … In order to qualify for the Age 62 Pension, a participant must reach the age of 62 prior to retirement. Likewise, in order to qualify for an Age 55 Pension, a participant must reach the age of 55 prior to retirement.

Claypool v. United States

103 F. Supp. 2d 899 · District Court, S.D. West Virginia · Jul 10, 2000

. § 1346 (b), waives the United States’ sovereign immunity and authorizes damages suits. The Act, however, includes a list of exceptions to its broad waiver of immunity. … This too is clearly a policy decision. See, e.g., Autery, 992 F.2d at 1531 ; Kiehn, 984 F.2d at 1104 ; Bowman, 820 F.2d at 1395 .

Light v. St. Albans Police Department

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

The undersigned construes Defendants’ argument to be asserting that they are entitled to qualified immunity based on Plaintiff’s failure to demonstrate a Fourth Amendment violation under the clearly established authority … Qualified immunity “shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Anziulewicz v. Bluefield Community Hospital, Inc.

531 F. Supp. 49 · District Court, S.D. West Virginia · Dec 18, 1981

Some tests are well established. … “Possible” federal questions are clearly insufficient to confer jurisdiction upon this court.

Lowe v. Williams

District Court, S.D. West Virginia · Oct 7, 2022

Williams was entitled to the protection of qualified immunity with respect to Mr. Lowe’s claims, insulating Mr. Williams from liability. [ECF Nos. 245, 246, 247]. Mr. … Similarly, the defense of qualified immunity involves a two-step procedure “that asks first whether a constitutional violation occurred and second whether the right violated was clearly established.”

Logan & Kanawha Coal Co. v. Detherage Coal Sales, LLC

841 F. Supp. 2d 955 · District Court, S.D. West Virginia · Jan 20, 2012

Thus, a writing qualifies as a written confirmation when it makes a contract to which the Statute of Frauds applies enforceable. … However, silence alone is usually insufficient to establish consent to an agreement. See Quincy Dairy Co. v. Hartford Accident & Indem.

Muth v. United States

804 F. Supp. 838 · District Court, S.D. West Virginia · Oct 23, 1992

Congress provided a limited waiver of sovereign immunity in the FTCA. See 28 U.S.C. §§ 2671-80 (1988). … This position as to the injury prong is clearly untenable. Such an approach is inconsistent with Plaintiffs own pleadings and interrogatories in this case.

Black v. Cummings

District Court, S.D. West Virginia · Sep 29, 2023

Defendants assert qualified immunity. See State Mem. at 16–20; Ind. Defs. Mem. at 2, 13. … To establish qualified immunity, the official must demonstrate the plaintiff has not shown facts “mak[ing] out a violation of a constitutional right” or the right was not “clearly established” at the time of its violation

Shafii

District Court, S.D. West Virginia · May 6, 2026

immunity. … Graham, 473 U.S. 159, 166-67 (1985) (stating that government officials sued in their official capacities are not entitled to qualified immunity but may be entitled to sovereign immunity under the Eleventh Amendment).

Adkins v. Chandler

District Court, S.D. West Virginia · Feb 24, 2020

Upon consideration, Magistrate Judge Tinsley found that the Complaint fails to state any plausible constitutional claim and, thus, Defendants are entitled to qualified immunity. … Brooks, 343 F.3d 868 (6th Cir. 2003), wherein the Sixth Circuit found that prison mailroom clerks were not protected by qualified immunity for opening an inmate’s legal mail outside of his presence. Id. at 878–80.

West Virginia Highlands Conservancy, Inc. v. Huffman

651 F. Supp. 2d 512 · District Court, S.D. West Virginia · Aug 24, 2009

As noted by our court of appeals, Eleventh Amendment immunity is not absolute: “A State’s immunity to suit in federal court is subject to well established and important exceptions.” Id. (citing S.C. State Ports Auth. v. … Citing Bragg, the Secretary argues that he is immune from suit under the Eleventh Amendment.

Hysell v. Raleigh General Hospital

District Court, S.D. West Virginia · Jun 12, 2020

Iqbal O’Meara to establish causation. Dr. … Sovereign Immunity 1. Standard Barring consent, the United States is immune from suit.