Case law

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.

Baldwin v. Williams

District Court, S.D. West Virginia · May 7, 2025

Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971); and (4) that Williams is entitled to qualified immunity. (Id.) … immunity argument raised in his motion.

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.

Compton v. O'Bryan

District Court, S.D. West Virginia · Feb 9, 2018

Supp. 2d 409, 414 (D.S.C. 2007) (addressing qualified immunity when it was not asserted). But see Mobley v. … Defendants failed to raise qualified immunity as a defense . . . . Therefore, the court declines to address [it] . . . .”).

Baldwin v. Williams

District Court, S.D. West Virginia · May 7, 2025

Six Unknown Federal Narcotics Agents, 403 U.S. 388 (1971); and (4) that Williams is entitled to qualified immunity. (Id.) … immunity argument raised in his motion.

Gaylord v. City of Beckley, West Virginia

District Court, S.D. West Virginia · Jul 25, 2018

He argues that his allegations against the City of Beckley are sufficient to state a §1983 claim that the Beckley Police Department has a policy, established by training or general practice, of charging obstruction without … Although Officer Bailey’s motion to dismiss is based on the pleading standard, rather than a defense of qualified immunity, case law evaluated qualified immunity in excessive force cases is helpful in evaluating the “unreasonableness

Brinkley v. Hill

981 F. Supp. 423 · District Court, S.D. West Virginia · Oct 15, 1997

Additionally, Defendants asserted their Eleventh Amendment immunity, and claimed that Plaintiffs had failed to state a cause of action upon which relief could be granted. 2. … Subsection (d) declares that a state may qualify for an exemption to those requirements if it “demonstrates to the satisfaction of the Secretary ... that the enactment of any law or the use of any procedure or procedures

Shafii

District Court, S.D. West Virginia · Jun 10, 2026

Miller, 797 F.2d 1279 (4th Cir. 1986), and that qualified immunity is not applicable given that Defendants Goodwin and Cary were named in their official capacities. … Graham, 473 U.S. 159, 166-67 (1985) (stating that government officials sued in their official capacities are not entitled to qualified immunity). 8 (A

Pace v. Celebrezze

243 F. Supp. 317 · District Court, S.D. West Virginia · Jul 21, 1965

If the children are to qualify as the legitimate issues of wage earner, they then must come under Section 4086 of the Code. The statute 3 refers specifically to “marriages deemed null in law.” … In June of 1959, wage earner, having established a period of disability in 1958, and his wife filed for wife’s and child’s insurance benefits, but their claims were denied.

Manriquez v. Kanawha County Sheriffs

District Court, S.D. West Virginia · Aug 21, 2024

These defendants alternatively argue that they are entitled to qualified immunity on Plaintiff’s claims against them. … They further assert that Plaintiff’s declarations fail to raise any legal arguments to oppose dismissal of his claims against them, or their assertion that they are entitled to qualified immunity. [ at 1-2].

Bragg v. Robertson

72 F. Supp. 2d 642 · District Court, S.D. West Virginia · Oct 20, 1999

Jurisdiction 1. 11th Amendment and Sovereign Immunity As a West Virginia state official, the DEP Director raises a sovereign immunity defense under the Eleventh Amendment to the United States Constitution. … [The buffer zone rule] establishes the kinds of streams that have the level of biological significance that triggers direct protective measures.” Id. at 15177.

Jones v. George

533 F. Supp. 1293 · District Court, S.D. West Virginia · Mar 12, 1982

The court adds this italicized qualifier after a closer look at the Carlson case. … Count two clearly was a malicious prosecution claim, but any false arrest claim contained in either count would had to have been inferred.

Vladimirov

District Court, S.D. West Virginia · Sep 10, 2026

He found that the Petitioner failed to establish ineffective assistance of counsel regarding the failure to request an interpreter. … Clearly, Mr.

England v. MG Investments, Inc.

93 F. Supp. 2d 718 · District Court, S.D. West Virginia · Apr 18, 2000

burdens governing the disposition of a motion for summary judgment: Rule 56(c) requires that the district court enter judgment against a party who, ‘after adequate time for ... discovery fails to make a showing sufficient to establish … To qualify, those loans had to meet the terms of the sixteen (16) page “Master Loan Purchase Agreement.” 5 The contract between the two as Buyer and Seller of “qualifying” loans 6 explicitly provided that “neither the Seller

Ivery v. Correctional Officer Keys

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

. § 1983 and that WVDCR is entitled to qualified immunity to the extent that “[p]laintiff is also alleging that WVDCR was negligent in supervising [Keys].” WVDCR Mot. 4. … Defendant’s argument that plaintiff failed to state a claim of negligent supervision of defendant Keys and the Does because WVDCR is entitled to qualified immunity is not relevant inasmuch

Scott ex rel. McNeely v. Taco Bell Corp.

892 F. Supp. 142 · District Court, S.D. West Virginia · Jul 11, 1995

The Supreme Court of Appeals qualified this holding in both Miller and Jack , however, noting: there are circumstances which may give rise to such a duty, and these circumstances will be determined by this Court on a case-by-case … West, 191 W.Va. 366 , 445 S.E.2d 753 (1994) (per curiam) (when store employees attempt to pursue a bolting shoplifter, the pursuit may constitute negligence). *145 Together, these cases demonstrate clearly that there is no

Greene v. C. J. Eastridge

District Court, S.D. West Virginia · Nov 10, 2022

These statements come far from establishing conspiracy. … To the extent they contain any information that was disputed or later disproven, the articles consistently couch it in qualifying language: for example, one article notes B.G.

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 26, 2019

For example, to establish that a defendant violated 42 U.S.C. § 1981 by terminating a contract, the power to terminate the contract—and thus a contractual relationship—must still be established. … Thus, while seeking reinstatement may qualify as prospective injunctive relief,3 Defendant MU is nonetheless still immune from suit because it is not an “official,” as required by Ex parte Young.

Jones v. West Virginia Department of Corrections and Rehabilitation

District Court, S.D. West Virginia · Apr 16, 2024

Defendants requested qualified immunity for all of Jones’s claims about the three WRJ policies. See Def.’s Mem. at 13; Def.’s Reply at 4. … In her PF&R, the Magistrate Judge recommends qualified immunity be granted on these claims. See PF&R at 23–25. Jones did not object to this recommendation.

ELCO Mechanical Contractors, Inc. v. Builders Supply Ass'n

832 F. Supp. 1054 · District Court, S.D. West Virginia · Oct 6, 1993

MEWAs which are also EWBPs qualify for limited preemption from certain state insurance regulations; the extent of the preemption depends on whether the MEWA is “fully insured.” 29 U.S.C. § 1144 (b)(6)(A). … Clearly, ELCO and BSA’s other members had no involvement in the day-to-day administration of the plan.