Case law

Webb v. Paine

District Court, S.D. West Virginia · Jan 26, 2021

The relevant inquiry on the “clearly established” prong is an objective one, whether plaintiff’s right, found to have been violated, was clearly established based on applicable, binding … Defendants are not entitled to summary judgment based on qualified immunity. B.

Croye v. Greenpoint Mortgage Funding, Inc.

740 F. Supp. 2d 788 · District Court, S.D. West Virginia · Aug 11, 2010

Lint, 167 W.Va. 272 , 280 S.E.2d 66, 67 (1981) (citations omitted)). “ ‘Generally, fraud is a question of fact to be determined by the jury from all the circumstances of the case,’ ” but that “ ‘does not automatically immunize … Croye demanding payment on the debt qualify him as a consumer “allegedly obligated” to pay on the loan under § 46A-2-122(a). With regard to Mr.

Doe

District Court, S.D. West Virginia · Sep 11, 2026

It is well established that this “immunity is overcome in only two sets of circumstances.” Mireles v. Waco, 502 U.S. 9, 11–12 (1991). … However, judges and magistrates alike are subject to § 1983 liability when their conduct “clearly exceed[s] the most common understandings of the proper judicial role.” Gibson, 85 F.4th at 222–23.

In re C.R. Bard, Inc.

948 F. Supp. 2d 589 · District Court, S.D. West Virginia · Jun 4, 2013

Hoyte’s testimony, he clearly has knowledge of Avaulta products and the design of Avaulta products. … Brennan also clearly has ex *637 tensive education and experience in biom-aterials generally.

United States v. Bailes

120 F. Supp. 614 · District Court, S.D. West Virginia · Apr 12, 1954

Waddell, 112 U.S. 76 , 5 S.Ct. 35 , 28 L.Ed. 673 , interference with the right to establish a claim under the Homestead Acts brought the offender within § 241. … For the protection of the right against interference by employers, unions and their representatives, Congress has established an elaborate procedure with remedies.

Adkins v. Celebrezze

248 F. Supp. 533 · District Court, S.D. West Virginia · Sep 29, 1965

On November 20, 1961, plaintiff filed an application for disability insurance benefits and to establish a period of disability, alleging that he became unable to work on June 22, 1960, at age 31, because of a back injury, … The medical evidence of record clearly shows that plaintiff is suffering from injuries to his cervical spine along with pain in the back, neck, shoulders and arms.

Martin v. State Farm Mutual Automobile Insurance

809 F. Supp. 2d 496 · District Court, S.D. West Virginia · Oct 26, 2011

However, it does conclude that the deviations contained in State Farm’s forms preclude it from qualifying for the statutory presumption. … The additional information contained in State Farm’s forms clearly “make the form too crowded and complicated.”

Kanawha-Roane Lands, Inc. v. United States

136 F. Supp. 631 · District Court, S.D. West Virginia · Dec 27, 1955

The Court decided that, to qualify for the exemption, the corporation must be organized and operated exclusively for charitable purposes. … Under these circumstances, it is clear that taxpayer does not qualify as a corporation exempt from income tax under Section 101(14).

Quigley v. City of Huntington WV

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

immunity. … E) Qualified Immunity In the fifth and final objection, Plaintiff alleges that Magistrate Judge Aboulhosn erred in determining that qualified immunity applies, as there was

United States v. Gerhart

275 F. Supp. 443 · District Court, S.D. West Virginia · Oct 1, 1967

drawee to a legitimate banking establishment. … To me, the instructions clearly outline the elements of the offense of which the defendant was charged. They are clear and understandable.

Davis v. United States

323 F. Supp. 858 · District Court, S.D. West Virginia · Feb 26, 1971

Friend, a qualified consulting actuary. … Gainer, and clearly demonstrated that the West Virginia plan fails to meet the criteria to qualify as a life insurance arrangement comparable to that which was considered by the Court in the Odom case.

Hill v. Holiday

District Court, S.D. West Virginia · Nov 24, 2021

Second, Corporal Roop argues that he is nevertheless entitled to qualified immunity. Defs. Obj. 7. … On the contrary, the magistrate judge correctly explained that Hill’s right to a post-hearing written explanation for discipline was clearly established on the date Corporal Roop held the

Harding v. United States Postal Service

618 F. Supp. 1330 · District Court, S.D. West Virginia · Oct 2, 1985

. § 794a; the Plaintiffs do not allege that they are qualified handicapped employees or that they have exhausted administrative remedies. … Clearly, the teaching of Bush v. Lucas applies to the Plaintiffs’ situation.

Woodruff v. West Virginia Board of Regents

328 F. Supp. 1023 · District Court, S.D. West Virginia · Jul 16, 1971

Section 3.02 provides: “Freedom of Association — Students may organize whatever associations they deem desirable, and are entitled to affiliate with any group or organization for which they qualify for membership. … “a basis for equitable relief under the long-established standards.”

Quigley v. Williams

District Court, S.D. West Virginia · Apr 25, 2019

See Riddick, 238 F.3d at 523 (“To qualify as a ‘final policymaking official,’ a municipal official must have the responsibility and authority to implement final municipal policy with respect to a particular course of action … Further, even construing Plaintiff’s Complaint liberally to assert a cause of action under Bivens, Magistrate Judge Eifert and Judge Chambers are protected by judicial immunity as they were clearly acting within their

Stump v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 28, 2024

The defendants move to dismiss under Rule 12(b)(6) of the Federal Rules of Civil Procedure, arguing, among other things, that they are immune from Mr. … Although defendants’ motion to dismiss was based on their assertion of qualified and absolute immunity, the court cannot reach those issues without sufficient allegations establishing the basis

Cooper v. United States of America

District Court, S.D. West Virginia · Jul 6, 2022

The Federal Employees Liability Reform and Tort Compensation Act of 1988 (the “Westfall Act”) modifies the FTCA to immunize a federal employee from liability for her “negligent or wrongful act or omission . . . … Although the certification does not conclusively establish that the defendant employee was acting within the scope of his employment, the plaintiff has the burden of proving otherwise once the certification has been

Charles Curry Johnson v. West Virginia Division of Corrections and Rehabilitation, et al.

District Court, S.D. West Virginia · Nov 13, 2025

Therefore, WVDCR’s motion to dismiss is GRANTED.2 2 WVDCR also argues that dismissal is warranted because it is entitled to qualified immunity on Plaintiff’s state law claims. (ECF No. 11 at 9.) … Therefore, the Court declines to take up the issue of qualified immunity. 6 IV.

Chesapeake & Ohio Railway Co. v. Rose

651 F. Supp. 1463 · District Court, S.D. West Virginia · Dec 30, 1985

Thus, no arbitrary, mechanical rule was established by the dicta of the court. H. … It seems that the Court attempted to employ a multiple taxation analysis without repudiating the tax immunity rule.

Ashworth v. Albers Medical, Inc.

395 F. Supp. 2d 395 · District Court, S.D. West Virginia · Jul 25, 2005

With respect to the collective claims, Pfizer contends that Rite Aid is immune to such claims by virtue of W. … Precisely what the “something more” is was not clearly established in Tapscott and has not been clearly established since. 260 F.Supp.2d at 728 . In Conk v.