Case law

Salmons v. Western Regional Jail Authority

District Court, S.D. West Virginia · Oct 30, 2019

These immunity arguments may—and in the case of their first and second arguments, clearly do—have merit, but this case can be resolved even absent consideration of the various immunities implicated here. … Rice, 954 F.2d 187, 192 (4th Cir. 1992) (denying qualified immunity where prisoner was confined for “seven months and eleven months, without any opportunity for out-of-cell exercise”).

Smith v. United Parcel Service, Inc.

890 F. Supp. 523 · District Court, S.D. West Virginia · Jul 5, 1995

. § 213 (b)(1) (1994) qualifies the foregoing overtime protection by making § 207 inapplicable to employees for whom the Secretary of Transportation has the power to establish qualifications and maximum hours of service. … Owen’s affidavit, showing employees who performed job activities described as package drivers, feeder drivers or mechanics qualify for exempt status under the FLSA.

Pleasant Valley Hospital v. Shalala

837 F. Supp. 738 · District Court, S.D. West Virginia · Nov 22, 1993

To qualify for the FDA exception, a provider must comply with a number of specific requirements, as set forth in the PRM. … “The concept of funded depreciation, however, requires that providers firmly commit to use clearly identified funds only for the acquisition of depreciable assets or other capital purposes related to patient care.”

Coffman v. Metropolitan Life Insurance

217 F. Supp. 2d 715 · District Court, S.D. West Virginia · Sep 3, 2002

As clearly noted by the C.D.C. and by several experts in the consensus opinion on chronic fatigue syndrome, there is no demonstrated immune dysfunction in individuals with chronic fatigue syndrome. … The medical evidence established a severe combination of impairments including CFS and motion sickness syndrome; 2.

Wright v. Boles

275 F. Supp. 571 · District Court, S.D. West Virginia · Nov 8, 1967

Suffice that we are unwilling, where it clearly appears that a mistrial has been granted in the sole interest of the defendant, to hold that its necessary consequence is to bar all retrial. … “If a juror, after he is sworn, be unable, from any cause, to perform his duty, the court may, in its discretion, cause another qualified juror to be sworn in his place.

Frye v. Lincoln County Commission

District Court, S.D. West Virginia · Jan 25, 2021

Most noticeably, Plaintiff claims that Sheriff Linville raised qualified immunity against the causes of action asserted against him. (ECF No. 13 at 4.) Sheriff Linville made no such argument. … Code § 29-12A-5(a)(5) establish that a political subdivision is entitled to immunity if the claim against it results from “the method of providing police, law enforcement or fire protection[.]”

Green v. State of West Virginia

District Court, S.D. West Virginia · Nov 7, 2017

This court also contend there was a hearing on Oct 11, 2012 stating “clearly” the plaintiff appeared in person. This did not happen. … Fitzsimmons, 509 U.S. 259 (1993), the Supreme Court reviewed its rulings in cases addressing absolute and qualified immunity of public officials as follows: In Imbler v. Pachtman, 424 U.S. 409, 96 S.

Greene v. C. J. Eastridge

District Court, S.D. West Virginia · Sep 30, 2022

Plaintiff alleges that Trooper Eastridge, in particular, fabricated evidence by cropping a photo of McCoy’s relative’s home found on Plaintiff’s phone to remove portions that establish it was not taken by Plaintiff. … Because qualified immunity is “an immunity from suit rather than a mere defense to liability” and “effectively lost if a case is erroneously permitted to go to trial,” the Court addresses this issue first. Pearson v.

Meadows v. Celebrezze

209 F. Supp. 753 · District Court, S.D. West Virginia · Oct 20, 1962

He felt that it was not necessary to qualify the plaintiff as being unable to work because of the degree of the lung difficulties. … This conclusion of the doctor is clearly not binding on the hearing examiner, the Appeals Council, or this court.

Murdock v. Kanawha County Sheriff Office

District Court, S.D. West Virginia · Aug 27, 2021

To determine if an officer is entitled to qualified immunity, the Supreme Court mandated a two-part inquiry. See Saucier v. Katz, 533 U.S. 194, 201 (2001). … Only if the plaintiff has stated a violation of a constitutional right will the court proceed to the second prong, which asks “whether the right in question was ‘clearly established’ at the time of the violation.”

Brown Ex Rel. Brown v. Cabell County Board of Education

605 F. Supp. 2d 788 · District Court, S.D. West Virginia · Mar 30, 2009

Standard of Review “[A] preliminary injunction is an extraordinary remedy, to be granted only if the moving party clearly establishes entitlement to the relief sought.” Manning v. … This speech is “of course, not immunized by the constitutional guarantee of freedom of speech.” Id. The “material disruption” exception to free speech, established by Tinker , is a narrow one.

Spurling v. Metropolitan Life Insurance Company

District Court, S.D. West Virginia · Jul 3, 2025

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” ( … However, these “mere incantation[s]” of the term “individual capacity” are insufficient to establish individual 17 In Martin v.

Baisi v. Hoffman

District Court, S.D. West Virginia · Aug 20, 2024

Whether or not Plaintiff was falsely charged and imprisoned should not be difficult to establish. … He has very clearly explained the factual circumstances he experienced and has coherently expressed the nature of his claims.

Barnes v. International Amateur Athletic Federation

862 F. Supp. 1537 · District Court, S.D. West Virginia · Sep 30, 1993

“Where Congress specifically mandates, exhaustion is required____ But where Congress has not clearly required exhaustion, sound judicial discretion governs.” Id. (citations omitted). … Constitution and TAC bylaws for resolution of those disputes, and the legislative history, that Congress clearly intended to require exhaustion of administrative remedies by athletes whose eligibility is in dispute and that

United States v. Blankenship

127 F. Supp. 760 · District Court, S.D. West Virginia · Dec 10, 1954

He was asked to select three types of work of national importance, in order of preference, which he was qualified to do. … And since the ministerial exemption is a matter of legislative grace, the selective service registrant bears the burden of clearly establishing a right to the exemption.”

Wilson v. Wexford Medical and Administration/staff at fault

District Court, S.D. West Virginia · Sep 5, 2019

Plaintiff’s objections that are immunity-related seem to result from a misunderstanding of how sovereign immunity operates and what the consequences of DCR’s sovereign immunity are. … As detailed in the PF&R, state sovereign immunity and the inapplicability of Section 1983 actions to state agencies are well-established in the law and require the dismissal of DCR here. ECF No. 78, at 13–19.

Application of Jordan

439 F. Supp. 199 · District Court, S.D. West Virginia · Oct 12, 1977

(Qualifying oath given) The Court is going to appoint __as foreman of the grand jury and __ as deputy foreman. Will you administer the oath, Mr. Clerk? … In the instant case, Jordan did testify, but not as a cooperating witness, not with a grant of immunity and not in what Briggs obviously suggests as a deliberately self-incriminating manner.

Tyree v. Boston Scientific Corp.

54 F. Supp. 3d 501 · District Court, S.D. West Virginia · Oct 29, 2014

Procedural Background The court established its initial schedule for expert disclosures on March 28, 2014. (Pretrial Order #87 [Docket 39]). … Zakrzewski clearly indicates that he has no knowledge of who wrote the MSDS or why it was written. (See Zakrzewski Dep. [Docket 215-14], at 45). Dr.

McGee v. Cole

66 F. Supp. 3d 747 · District Court, S.D. West Virginia · Nov 7, 2014

The party invoking the court’s jurisdiction bears the burden of establishing standing. Lujan, 504 U.S. at 561 , 112 S.Ct. 2130 . … Clearly, the Court here can direct the defendants to issue marriage licenses without directing the State Registrar to issue different forms.

Hager v. United States

District Court, S.D. West Virginia · May 19, 2020

immunity remains. … Postal Service, 546 U.S. 481, 485 (2006) (“The FTCA qualifies its waiver of sovereign immunity for certain categories of claims (13 in all). If one of the exceptions applies, the bar of sovereign immunity remains.”).