Case law

Clark v. Milam

847 F. Supp. 424 · District Court, S.D. West Virginia · Mar 15, 1994

Although not specifically addressing whether an attorney may withhold work product from a client created during and for the representation of that client, the Duplan Court recognized that, “[the] qualified immunity of work … question whether upon the termination of litigation the work product documents prepared incident thereto lose the qualified immunity extended to them under Rule 26(b)(3), Federal Rules of Civil Procedure, and become freely

Braxton v. Matthews

865 F. Supp. 345 · District Court, S.D. West Virginia · Oct 19, 1994

QUALIFIED IMMUNITY Next, the Court must examine whether Defendant is protected from suit by the doctrine of qualified immunity. In Wiley v. … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Simmons v. Charleston Housing Authority

881 F. Supp. 225 · District Court, S.D. West Virginia · Mar 22, 1995

Defendants assert they are entitled to qualified immunity from this lawsuit because the “right” asserted by Plaintiffs was not clearly established at the time the right was allegedly deprived. … Qualified immunity from civil damages is granted to state actors who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” (emphasis added). Harlow v.

McDerment v. Browning

18 F. Supp. 2d 622 · District Court, S.D. West Virginia · Sep 21, 1998

Next, the Court must determine whether the right was clearly established at the time of the incident. … Final resolution of the question of qualified immunity thus depends on a factual determination of what actually happened.

Lee v. City of South Charleston

668 F. Supp. 2d 763 · District Court, S.D. West Virginia · Aug 28, 2009

Qualified Immunity Qualified immunity bars section 1983 actions against government officials in their individual capacity. Brandon v. Holt, 469 U.S. 464, 472-73 , 105 S.Ct. 873 , 83 L.Ed.2d 878 (1985). … The test for qualified immunity is a two-pronged inquiry.

Webb v. RALEIGH COUNTY SHERIFF'S DEPARTMENT

761 F. Supp. 2d 378 · District Court, S.D. West Virginia · Dec 28, 2010

Deputy Hajash’s and Deputy Kade’s Entitlement to Qualified Immunity The Doctrine of Qualified Immunity “shields government actors from liability if they establish either that (1) the plaintiffs allegations fail to make out … a violation of a constitutional right, or (2) the right at issue was not clearly established at the time of the alleged misconduct.”

Hutchinson v. West Virginia State Police

731 F. Supp. 2d 521 · District Court, S.D. West Virginia · Aug 5, 2010

“Qualified immunity protects government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Accordingly, the pertinent question with regard to qualified immunity is whether, on July 8, 2005, the Summers test clearly established Plaintiffs right to be free from an unjustified 30- to 45-minute naked detention.

Hampton ex rel. Bowling v. Tinder

732 F. Supp. 43 · District Court, S.D. West Virginia · Apr 6, 1989

The final issue the Court directed the parties to brief concerns qualified immunity. … Qualified immunity is appropriate if the law allegedly violated was not clearly established at the time of the alleged violations.

Reynolds v. Hale

855 F. Supp. 147 · District Court, S.D. West Virginia · Jun 16, 1994

Thus qualified immunity “affords government officials greater protection than a simple defense on the merits.” Slattery v. Rizzo, 939 F.2d 213, 216 (4th Cir. 1991). … Applying the Harlow analysis, the Court must first determine whether Defendants Hale and Hunter violated any clearly established statutory or constitutional rights belonging to Mary Reynolds.

Woods v. Town of Danville, WV

712 F. Supp. 2d 502 · District Court, S.D. West Virginia · May 14, 2010

Jarrett asserts that qualified immunity precludes the claims against him. a. … Qualified Immunity Qualified immunity is meant to “strike [ ] a balance between compensating those who have been injured by official conduct and protecting the government’s ability to perform its traditional functions.”

Short v. Greene

577 F. Supp. 2d 790 · District Court, S.D. West Virginia · Sep 22, 2008

Qualified Immunity and Cruel and Unusual Punishment When a defendant asserts the defense of qualified immunity, the court must employ the two step analysis set forth by the Supreme Court in Saucier v. … If the answer to that question is “yes,” the second question is whether the right was clearly established at the time of the events at issue. Qualified immunity is ordinarily resolved at the summary judgment stage.

Wahi v. Charleston Area Medical Center

453 F. Supp. 2d 942 · District Court, S.D. West Virginia · Sep 29, 2006

This presumption of immunity established by the HCQIA creates a unique summary judgment standard. See Gabaldoni v. … Reasonableness standards have been consistently upheld in the context of qualified immunity. Freilich, 313 F.3d at 213 .

Cantley v. West Virginia Regional Jail & Correctional Facility Authority

728 F. Supp. 2d 803 · District Court, S.D. West Virginia · Aug 5, 2010

The doctrine of qualified immunity, however, does protect public officials performing discretionary functions from, civil liability if they can show that their conduct did “not violate clearly established statutory or constitutional … Although it often will be appropriate to conduct the qualified immunity analysis by first determining whether a constitutional violation occurred and by next determining whether the constitutional right was clearly established

Sawyer v. Asbury

861 F. Supp. 2d 737 · District Court, S.D. West Virginia · May 18, 2012

Sept. 30, 2008) (stating that officer was not entitled to qualified immunity on claim that he allegedly punched a handcuffed prisoner in the back of the head); see also Jones v. … . *745 2003) (finding no qualified immunity on Fourth Amendment claim against officer who knocked individual to the ground and jumped on him in a holding center); Bailey v.

Cantley v. REG. JAIL & CORRECTIONAL FACILITY AUTH.

728 F. Supp. 2d 803 · District Court, S.D. West Virginia · Aug 5, 2010

Defendant Miller also moves to dismiss the claim against him in his individual capacity on the basis of qualified immunity. … The doctrine of qualified immunity, however, does protect public officials performing discretionary functions from civil liability if they can show that their conduct did "not violate clearly established statutory or constitutional

Gilmore v. Bostic

636 F. Supp. 2d 496 · District Court, S.D. West Virginia · Mar 27, 2009

Nothing apparent from the face of the plaintiffs complaint clearly establishes that the plaintiff has failed to exhaust any administrative remedies. … Bostic makes the further arguments that she is protected by qualified immunity and Elev *506 enth Amendment immunity.

Adams v. Duncan

179 F. Supp. 3d 632 · District Court, S.D. West Virginia · Mar 31, 2016

The burden of establishing that a claim is moot is heavy and it belongs to the party asserting mootness. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. … The district court dismissed the action on sovereign immunity grounds.

Better Government Bureau, Inc. v. McGraw

924 F. Supp. 729 · District Court, S.D. West Virginia · Apr 25, 1996

The Court held, inter alia, McGraw was not *731 entitled to qualified immunity on the constitutional claims asserted by BGB. … The reader is referred also to the Supplemental Memorandum Opinion and Order entered this date, revisiting the qualified immunity issue.

Adkins v. Adkins

459 F. Supp. 406 · District Court, S.D. West Virginia · Nov 6, 1978

from liability under the judicial immunity doctrine. … The doctrine of judicial immunity is well established in our judicial system and was recently reaffirmed in the case of Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978).

Sloane v. Kanawha County Sheriff Department

342 F. Supp. 2d 545 · District Court, S.D. West Virginia · Oct 15, 2004

As the Supreme Court has consistently held, a plaintiff is not required to anticipate a defense of qualified immunity in his or her complaint. See Crawford-El v. … Defendants did not advance a qualified immunity defense in their motion to dismiss.