Case law

Young v. Muncy

District Court, S.D. West Virginia · Mar 30, 2020

Defendants argue they are entitled to qualified immunity. … “Because controlling authority clearly establishes an inmate’s right to reasonable protection from malicious assault, [I] look no further and conclude [Plaintiff’s] right was clearly established in this case

McNeemer v. Tibbs

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

Alternatively, Defendant Caudill seeks dismissal on the basis of qualified immunity. 3 II. … It is well-established that multiple actors can be the cause of a single constitutional injury. , 13 F.3d 791, 798 (4th Cir. 1994).

Steele v. Southern Regional Jail Staff

District Court, S.D. West Virginia · Sep 17, 2024

Defendants Grant and Minor argue that Plaintiff’s claims should be dismissed based on the following: (1) “Plaintiff fails to satisfy Rule 8’s pleading requirement” (Document No. 32, p. 5); (2) “Qualified immunity … Frame is entitled to qualified immunity” (Id., pp. 10 – 12).

Earhart v. Elder

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

(G) The utilization of qualified staff. … Plaintiff has argued that BRMC failed to cite its own “bylaws, policies, procedures, or additional information establishing that the Risk Manager and Area Director are part of a qualifying review organization and that these

Blankensip v. Necco, LLC

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

You could clearly see all of her face.” Compare Neglect Investigation at 1; Report of Death at 6 (“decedent’s face and body were pressed against the blanket roll”) with C. … “Material” facts are those necessary to establish the elements of a party’s cause of action. Anderson v.

Reichard v. Barnhart

285 F. Supp. 2d 728 · District Court, S.D. West Virginia · Sep 29, 2003

Lively’s first application for disability benefits because he was found to be capable of light work and he had not reached the age of 55 and therefore did not qualify as a person of “advanced age” under the applicable Grids … Apfel, 17 F.Supp.2d 955, 971-72 (W.D.Mo. 1998)("[B]ecause ALJ ... found plaintiff disabled as of the day after the denial on reconsideration of her first application ... and the evidence in the record establishes that plaintiff's

Capital One Bank (USA), N.A. v. McGraw

563 F. Supp. 2d 613 · District Court, S.D. West Virginia · Jun 26, 2008

Applying the Chevron framework, the court first held that the NBA does not clearly preclude the OCC’s interpretation of § 484(a), as set forth in the OCC’s visitorial powers regulation, 12 C.F.R. § 7.4000 (a). … Section 484(a) of the NBA immunizes only national banks from state visitorial control.

Rhodes v. EI Du Pont De Nemours and Co.

657 F. Supp. 2d 751 · District Court, S.D. West Virginia · Sep 28, 2009

First, such a requirement defines more clearly who actually possesses a cause of action. … But these cases establish no such rule. 8 .

Wood v. United States Department of Agriculture Rural Housing Service

District Court, S.D. West Virginia · Mar 30, 2020

The plaintiff bears the burden of establishing that subject-matter jurisdiction exists. , 166 F.3d 642, 647 (4th Cir. 1999). … Faced with a motion to dismiss under Rule 12(b)(1), the plaintiff bears the burden of establishing both the court’s statutory jurisdiction and the government’s waiver of its sovereign immunity.

Masters v. City of Huntington

800 F. Supp. 355 · District Court, S.D. West Virginia · Jan 8, 1992

Thus, even if it were established that the rates set forth in the pay schedules were agreed to by the firefighters, 10 those rates could not be relied upon since they clearly were established “without regard to hours worked … Apart from the question of whether the agreement between the City and the firefighters “specifies a regular rate of pay,” however, it is apparent that the method of payment utilized here fails to qualify for this exemption

Lloyd v. Cabell Huntington Hospital, Inc.

58 F. Supp. 2d 694 · District Court, S.D. West Virginia · Jul 29, 1999

The burden of establishing the propriety of removal falls upon the removing party. Mulcahey, 29 F.3d at 151. If federal jurisdiction is doubtful, remand is necessary. … The Supreme Court clarified the scope of the phrase “separate and independent” by distinguishing claims which the phrase clearly would not cover.

Alward

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

plaintiff seeks to proceed in forma pauperis, and must dismiss the case if the complaint is frivolous, malicious, fails to state a claim upon which relief can be granted, or seeks monetary relief from a defendant who is immune … United States, 44 F.4th 218, 224 (4th Cir. 2022)(“[T]he exception is triggered only if the incarcerated person alleges sufficient and specific facts establishing that he or she is in imminent danger of serious physical

Cooper v. Richardson

333 F. Supp. 249 · District Court, S.D. West Virginia · Oct 30, 1971

The record in this case clearly establishes, as did the record in Ward v. … Craig Colvin, a well qualified vocational expert, was taken. Mr.

Westfield Insurance Co. v. Davis

232 F. Supp. 3d 918 · District Court, S.D. West Virginia · Feb 7, 2017

Though the Davis Defendants’ policy simply uses the term “business,” rather than “business pursuits,” and specifically provides that activities done on a “part time or occasional basis” can qualify as “business,” this interpretation … ‘Waiver can be established by express conduct or impliedly, through inconsistent actions.” Ara v. Erie Ins. Co., 182 W.Va. 266 , 387 S.E.2d 320, 323 (1989).

Rollins v. Ames

District Court, S.D. West Virginia · Mar 25, 2025

The State habeas court determined that “[b]ased on the totality of the evidence, the Court FINDS that there was no plea agreement or immunity agreement between the State and April Bailes when … The magistrate judge aptly concluded that the determination made by the State habeas court was “not contrary to, or an unreasonable application of, clearly established federal law; or based on an

Zeng v. Marshall University

District Court, S.D. West Virginia · Mar 21, 2018

Va. § 5-11-8 (establishing and announcing the powers of the commission under the Act). … In its objections, Defendant also appears to allude to a different argument, without clearly providing law on the point.

Kinney v. Daniels

574 F. Supp. 542 · District Court, S.D. West Virginia · Nov 3, 1983

Inasmuch as the Plaintiff has failed to respond to the aforementioned motion within the time frame established by the Court’s prior Order of July 22, 1983, the Court has deemed the Defendants’ motion to be ripe for decision … I would urge restraint in the use of heroic measures in the face of clearly irreversible illness.

Bell v. Board of Education

225 F.R.D. 186 · District Court, S.D. West Virginia · Dec 3, 2004

They state that [t]he depositions ... are clearly pretext for the Plaintiffs ultimate desire to smear the good reputation of law enforcement officers in Fayette County. … Blake qualifies as a fact witness in this case and no alternate means exists in view of the pending prosecution of Mr. Friedrichs for determining what Mr. Blake might know. The Court finds that Mr.

Kingrey v. Wormuth

District Court, S.D. West Virginia · Aug 10, 2023

It is well established that the United States, including its 6 officers, is immune from suit unless sovereign immunity has been waived. … This case presents a close call given that the adverse employment actions at issue were clearly directed toward roles designated as civilian.

City of Hurricane v. Disposal Service Inc.

36 F. Supp. 3d 692 · District Court, S.D. West Virginia · Aug 6, 2014

See id. § 22-18-4. 1 Under the HWMA, the Director of the WVDEP is responsible for the promulgation of rules “establishing criteria for identifying the characteristics of hazardous waste, identifying the characteristics of … This allegation is central to Plaintiffs’ case and is thus not “clearly immaterial” or made solely for the purpose of obtaining jurisdiction.