Case law

Lowe v. Ballard

District Court, S.D. West Virginia · Jan 30, 2024

Lowe’s Second Amended Complaint fails to state a plausible claim for relief; (3) Defendant Ballard is entitled to qualified immunity on his supervisory liability claim; (4) the claims 3 … qualified immunity.

Settle v. Settle

858 F. Supp. 610 · District Court, S.D. West Virginia · Jul 28, 1994

The court found the defendant employer was protected by the qualified privilege and that it acted only to protect and advance its own interests. … Despite the above-mentioned facts, established through the memoranda and exhibits supporting Defendant’s motion for summary judgment, which clearly refute wrongdoing on the part of Defendant, Plaintiff has chosen to institute

Chapman v. Mingo Logan Coal LLC

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

It notes that employers who participate in the worker’s compensation system are generally immune from liability for workplace injuries and deaths, with limited avenues for loss of that immunity. … Those allegations meet the pleading standard established in Rule 8.

Bell v. Moore

District Court, S.D. West Virginia · Apr 9, 2025

It is well established that prosecutors are absolutely immune “for their conduct in initiating a prosecution and in presenting the State’s case, insofar as that conduct is ‘intimately associated with the judicial phase … Even assuming arguendo that the Defendant acted outside of his prosecutorial functions, he would be entitled to qualified immunity.5 In sum, the Plaintiff’s claims against the Defendant simply do not rise to

Freeland v. Ballard

6 F. Supp. 3d 683 · District Court, S.D. West Virginia · Mar 13, 2014

The Supreme Court rejected an argument that an objective test of deliberate indifference be established. … South Carolina Dep’t of Corrections, the United States Court of Appeals for the Fourth Circuit observed that: In June 2000, it was clearly established in this circuit that correctional officers who are present when a violent

Redden v. Ballard

District Court, S.D. West Virginia · Mar 27, 2019

Tinsley entered his proposed findings and recommendation for disposition (“PF&R”) in this case, recommending that this Court grant Defendants’ motions to dismiss because Defendants were entitled to qualified immunity and … With respect to the latter claim, amendment would be futile because the claim’s assertion is clearly untimely. See United States v.

Short v. Wells Fargo Bank Minnesota, NA

401 F. Supp. 2d 549 · District Court, S.D. West Virginia · Nov 18, 2005

The issue at hand in the instant case is whether plaintiff qualifies as a holder of a high cost HOEPA loan. … DM Properties, 1 Neb.App. 822 , 510 N.W.2d 413 (1993) (prospective borrower failed to establish that loan broker acted as borrower’s agent where borrower had no control over broker).

Dixon v. Kirby

210 F. Supp. 2d 792 · District Court, S.D. West Virginia · Jul 16, 2002

Citing the test established by the Supreme Court in Procunier v. Martinez, 416 U.S. 396 , 94 S.Ct. 1800 , 40 L.Ed.2d 224 (1974), Defendants state: ... … Policy Directive 503.00 is clearly neutral. It prohibits inmates from receiving all catalogs without regard to content.

Idleman v. King

District Court, S.D. West Virginia · Jul 22, 2020

Deputy King argues that he is entitled to qualified immunity on all of Plaintiff’s federal claims (Counts I through III) “because Deputy King was not present.” (ECF No. 48 at 6.) … CONCLUSION Deputy King’s argument for summary judgment regarding qualified immunity and the state law battery claim, wholly based on disputed material facts, is an egregiously frivolous

Daniels v. Wayne County

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

Even so, “[t]his principle only applies . . . if all facts necessary to the affirmative defense clearly appear on the face of the complaint.” Id. (citing Richmond, Fredericksburg & Potomac R.R. v. … Given issues of sovereign and statutory immunity, the Court will begin its analysis by discussing the various immunity arguments contained in both motions.

Ellis v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jan 25, 2024

It also argues that it is entitled to qualified immunity to the extent the Plaintiff is asserting that it was negligent in supervising Sgt. Coleman. The Plaintiff did not respond to the motion. … The West Virginia Supreme Court of Appeals has established that the State of West Virginia and its agencies are immune from vicarious liability for torts committed by officials or employees “determined to have been acting

Adams v. Dodrill

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

Defendant Dodrill, therefore, argues that he is entitled to qualified immunity because his conduct did not violate Plaintiff’s constitutional rights. (Id.) … In the alternative, Defendant Dodrill contends that “[e]ven if a constitutional right was violated, Plaintiff’s asserted right was not clearly established.” (Id., pp. 13 – 14.)

Frontier-Kemper Constructors, Inc. v. Elk Run Coal Co.

246 F.R.D. 522 · District Court, S.D. West Virginia · Nov 21, 2007

In asserting that its Rule 26(a)(1) disclosures suffice in responding to the Rule 34 requests without showing that the Rule 26(a)(1) disclosures were produced as they were kept in the usual course of business, Plaintiff clearly … so much of it as is true and qualify or deny the remainder.

Batts v. Professional Building, Inc.

276 F. Supp. 356 · District Court, S.D. West Virginia · Nov 21, 1967

One of the commercial establishments, Jahnig Manufacturing Company, Inc., manufactures orthopedic and prosthetic appliances. … for coverage under the Act is thereby established.

Napper v. United States

District Court, S.D. West Virginia · Mar 19, 2019

Congress created exceptions to § 1346(b) under 28 U.S.C. § 2680, which qualified the United States’ waiver of sovereign immunity under the FTCA. … In that case, the plaintiff cited guidance from an FAA order which established that the inspector should have relied on § 21.183(d). Id. at 347.

Doe v. Cabell County Board of Education

District Court, S.D. West Virginia · Sep 15, 2023

During her deposition, Cotton clearly stated those accusations were false. … CCBOE is not immune from Plaintiff’s WVHRA claim.

United States v. Kourey

276 F. Supp. 2d 580 · District Court, S.D. West Virginia · Aug 14, 2003

They believe that without antipsychotic medication Defendant clearly presents a significant danger to himself and perhaps to others. … The Court held that the licensed psychiatrist who administered a dose of Thorazine to the inmate under emergency circumstances did not violate any clearly established law.

West Virginia Ex Rel. McGraw v. Minnesota Mining & Manufacturing Co.

354 F. Supp. 2d 660 · District Court, S.D. West Virginia · Jan 25, 2005

In any event, the state clearly satisfies the rather elastic test for qualifying as the real party in interest for diversity purposes, at least vis-a-vis the attorney general: 3 Whether a state is the real party in interest … The best way to advance this objective is to accept the parties [as] joined ... unless joinder is clearly improper.

Brooks v. ACF Industries, Inc.

537 F. Supp. 1122 · District Court, S.D. West Virginia · Apr 29, 1982

Plaintiff having established that prima facie case as to that issue, then — according to Burdine — -“the defendant bears only the burden of explaining clearly the nondiscriminatory reasons for its actions.” 450 U.S. at 260 … The court holds that plaintiff established prima facie only those elements (a) and (b)(i), but that plaintiff’s evidence did not, nor did the evidence as a whole, establish prima facie that element (b)(ii), namely, that it

Akers v. Quality Carriers, Inc.

District Court, S.D. West Virginia · Feb 7, 2022

However, despite this, the allegations in the Complaint fall woefully short of establishing the statutory elements for a “deliberate intention” claim. … Clearly, this path to recovery is not plausibly alleged. The second pathway to satisfying the “deliberate intention” exception is through demonstration of an unsafe work condition.