Case law

Merritt v. Casto

District Court, S.D. West Virginia · Mar 21, 2023

Count II – Reckless Conduct in Violation of Clearly Established Laws In Count II, the Plaintiff alleges that JCC is (1) vicariously liable for the actions of Deputy Casto and (2) liable for its negligence in hiring … Va. 2022) (it is a question of fact whether supervisors could use qualified immunity to avoid liability under a negligent supervision theory when the employee’s conduct allegedly amounted to malicious prosecution and abuse

Thompson v. Toney

District Court, S.D. West Virginia · Oct 4, 2024

Thus, a prosecutor is only entitled to qualified immunity for administrative actions or investigative functions not related to trial preparation, such as holding a press conference, engaging in investigative activity prior … Even assuming arguendo that the Defendant acted outside of his prosecutorial functions, he would be entitled to qualified immunity.

United States v. Daily Gazette Co.

567 F. Supp. 2d 859 · District Court, S.D. West Virginia · Jun 19, 2008

The plan centered on a rapid reduction of the Charleston Daily Mail’s subscriber base in the hopes the newspaper would qualify as a “failing company” within 2 to 3 years. (Id. ¶ 19). … Microsoft Corp., 309 F.3d 193, 202-03 (4th Cir.2002) (“To establish a violation of § 1 of the Sherman Act, ...

Deberry v. Gary

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

immunity; and Mr. … It is well established that the Division of Corrections is an “arm” of the State of West Virginia and therefore is entitled to the same immunity from suit in federal court as the State itself. , No. 5:

Lucas v. Western Regional Jail

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

Additionally, Defendants posit that they are entitled to qualified immunity as Lucas does not allege that they violated any clearly established law. (Id. at 7–8). … Although the Eleventh Amendment refers only to suits by citizens of other states, the Supreme Court has construed the Amendment to “establish that an unconsenting State is immune from suits brought in federal court by

Air Evac EMS, Inc. v. Cheatham

260 F. Supp. 3d 628 · District Court, S.D. West Virginia · May 15, 2017

Eleventh Amendment Next, Defendants claim Eleventh Amendment immunity. At issue is whether the Ex parte Young exception to sovereign immunity applies in this case. … Clearly, the “market participant” question will benefit from factual development that is not presently available to the Court. This matter is better reserved for summary judgment.

Folse

District Court, S.D. West Virginia · Oct 22, 2025

The police defendants in their motion for summary judgment assert that they are entitled to qualified immunity from plaintiff’s constitutional claims because their “actions were based … are immune from liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Roush v. Roush

767 F. Supp. 1344 · District Court, S.D. West Virginia · Apr 18, 1991

Roush in his complaint, however, clearly do not rise to the level of joint activity found in Jackson . In the instant action, Mrs. … In reaching this decision, the Court determined that the scope of Section 1983 is circumscribed by the scope of the Eleventh Amendment immunity which bars such actions unless the state waives its immunity from such suits.

Kessinger

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

They contend summary judgment is warranted inasmuch as (1) Defendants are entitled to sovereign immunity or, alternatively qualified immunity, (2) Ms. … And third, while the individual Defendants have raised the qualified immunity defense, they do so in the alternative to sovereign immunity, which, like the second, renders the third factor of little assistance in the inquiry

Brickstreet Mutual Insurance Co. v. Zurich American Insurance Co.

209 F. Supp. 3d 881 · District Court, S.D. West Virginia · Sep 16, 2016

Gutierrez was an employee of Taggart, Zurich is careful to qualify that characterization. … Based upon the PEO Agreement between EIN and Taggart, Taggart plainly qualifies as a client-employer. .

Ward v. Bethenergy Mines, Inc.

851 F. Supp. 235 · District Court, S.D. West Virginia · May 11, 1994

Co., 12 F.3d 410, 422 (4th Cir.1993) (“a party who prevails does not, by prevailing alone, establish a presumption of entitlement to an award of fees.”); Quesinberry v. Life Ins. Co. of N. Amer., supra. … This fact is clearly acknowledged by Bethener-gy in its Memorandum of Law in Opposition to Plaintiffs Motion for Summary Judgment, where it states, “plaintiff is correct that had he known of his COBRA options in advance,

Franklin v. The West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 24, 2025

STANDARD OF REVIEW It is firmly established that the Eleventh Amendment bars an individual citizen from bringing a suit in federal court against a sovereign state. Roach v. W. Va. … Feeney, 495 U.S. 299, 304 (1990) (construing the Eleventh Amendment “to establish that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state” (internal

Chunco v. Weinberger

405 F. Supp. 1159 · District Court, S.D. West Virginia · Dec 18, 1975

September 5, 1974, after considering the case de novo, the administrative law judge held that the plaintiff was not entitled to a period of disability or to disability insurance benefits, finding that the evidence failed to establish … The need for such testing in the instant case has clearly been shown. Drs. Hillier and Wells were unable to pinpoint the cause, severity and possible treatment of his alleged back condition due to the lack of such test.

Strawser v. Lawton

126 F. Supp. 2d 994 · District Court, S.D. West Virginia · Jan 3, 2001

Eleventh Amendment Immunity From Suit “Although the Constitution establishes a National Government with broad, often plenary authority over matters within its recognized competence, the founding document ‘specifically recognizes … Defenses to and immunities available to its principals protect both the agent and the escrow.

Poffenbarger v. New York Life Insurance Company

277 F. Supp. 726 · District Court, S.D. West Virginia · Dec 22, 1967

Here, except for non-payment of premiums, not only is the validity of the “policy” immune from contest after one year, but, additionally, the validity of insurance on any employee is also immune therefrom. … It is well established in West Virginia that the lex loci contractus governs the nature, construction and validity of contracts. Klinck v. Price, 4 W.Va. 4 (1870).

Pritt v. United Mine Workers of America 1950 Benefit Plan & Trust

847 F. Supp. 427 · District Court, S.D. West Virginia · Mar 28, 1994

provided by or under the supervision of a registered nurse; 2. room and board 3. physical, occupational, inhalation and speech therapy, either provided or arranged for by the facility; 4. medical social services; 5. drugs, immunizations … The firm was described as " ‘an independent, non-profit organization established to carry out studies of health care needs of individuals' and to make recommendations with respect to their care and treatment.” 945 F.2d at

Sammons v. Sowards

District Court, S.D. West Virginia · Nov 19, 2021

Plaintiff responds that he has alleged sufficient facts to overcome qualified immunity. Pl.’s Resp. 13-14. … However, Plaintiff has clearly stated that he suffered a constitutional injury when he was wrongfully seized because of criminal proceedings that arose, 1 Or at least, no intentional behavior beyond the conspiracy claim

Wilkes v. Raleigh County

District Court, S.D. West Virginia · Mar 27, 2018

Immunity Under the West Virginia Tort Claims and Insurance Reform Act Defendant Raleigh County argues that the Plaintiff’s claims should be dismissed against it as it is immune from liability for its employees’ intentional … These allegations clearly indicate that the Defendants intended the consequences of their actions.

Davis v. Celebrezze

239 F. Supp. 608 · District Court, S.D. West Virginia · Mar 25, 1965

The remaining issue for decision is whether Tammy, though not being qualified as a legally adopted child, may, nevertheless, qualify as a child by virtue of the concept of “equitable adoption” so as to come within the requirements … These cases are clearly distinguished from the one at bar.

Yonker v. Guifrida

581 F. Supp. 1243 · District Court, S.D. West Virginia · Mar 16, 1984

Congress’ failure to authorize such an action against these “fiscal agents” under Plan B, while specifically providing for suits against the individual insurance companies under Plan A, clearly evidences an intent on the … Accordingly, an insurance pool was established by members of the insurance industry and flood insurance policies were issued, marketed, and serviced by this pool through agreements with independent local agents, brokers and