Case law

Griffith v. Federal National Mortagage Ass'n

25 F. Supp. 3d 902 · District Court, S.D. West Virginia · Jun 9, 2014

Statutory tax immunity and the constitutional tax immunity afforded to federal instrumentalities are not coterminous. Montgomery Cnty. … Fannie Mae and Freddie Mac indeed qualify as federal instrumen-talities.”

Johnson v. United States

394 F. Supp. 2d 854 · District Court, S.D. West Virginia · May 4, 2005

Clearly, under the analysis in Stams, it does. Therefore, the Court finds the MPLA applies to this case. See also Bellomy v. … law because such law “cannot control the scope of the federal government’s waiver of sovereign immunity”). 5 .

Dorsey v. Randolph

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

Third, he argues that he is entitled to qualified immunity. … Qualified immunity is an affirmative defense to Section 1983 that applies when an officer’s “conduct does not violate clearly established statutory or constitutional rights known to

Cogar v. Strickler

570 F. Supp. 34 · District Court, S.D. West Virginia · Sep 13, 1983

As observed by a distinguished English judge, it would establish the weakness of judicial authority in a degrading responsibility. … In construing the doctrine of judicial immunity in light of the Supreme Court’s decision in Stump , this Court has previously recognized that “[t]he doctrine is qualified in only one respect.

Clark v. Milam

155 F.R.D. 546 · District Court, S.D. West Virginia · Mar 25, 1994

Lamm on the basis of work product immunity. 2 I. … As Milam admits, it is well-established that the scope and conduct of discovery are well within the sound exercise of a trial court’s discretion. 3 Erdmann v.

Brown

District Court, S.D. West Virginia · Jun 22, 2026

Defendant Allen next argues that he is entitled to qualified immunity because he did not violate Ms. Brown’s right(s) and no such right was clearly established. He notes that at the time of Ms. … She contends that he is not entitled to qualified immunity as to either the federal or state claims because she has sufficiently alleged violation of a clearly established constitutional right.

Johnston

District Court, S.D. West Virginia · May 5, 2026

Qualified immunity protects government officials sued in their personal capacity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Because the Plaintiffs have not demonstrated that the Defendants have violated a clearly established right, the Defendants are entitled to qualified immunity.

Doe v. American National Red Cross

845 F. Supp. 1152 · District Court, S.D. West Virginia · Feb 25, 1994

In that decision, the Court concluded “[although there is no simple test for ascertaining whether an institution is so closely related to governmental activity to become a tax-immune instrumentality, the Red Cross is clearly … types of suits, there is clearly a contrary legislative intent.”

Coleman

District Court, S.D. West Virginia · Jun 4, 2026

[The] qualified immunity analysis consists of two prongs: (1) whether a statutory or constitutional violation occurred, and (2) whether the right was clearly established at the time of the violation. … Officers, however, may not benefit from qualified immunity at this time as the right was clearly established as early as 2013.

B. v. VanBibber

District Court, S.D. West Virginia · Aug 26, 2025

The court held that “for purposes of qualified immunity, internal agency policies, procedures, manuals, guidelines, or similar documents that have not been legislatively approved are not, and cannot be used to create, clearly … West Virginia qualified immunity is not legally identical to federal 10 qualified immunity.

Baisi

District Court, S.D. West Virginia · Feb 27, 2026

However, a plaintiff may overcome qualified immunity by showing “(1) that the government official violated a statutory or constitutional right and (2) that right was clearly established at the time of the challenged conduct … Nevertheless, Defendants argue they are entitled to qualified immunity because they did not violate any clearly established law by handcuffing a pretrial detainee for an extended period of time when they had a security

Stutler

District Court, S.D. West Virginia · Oct 24, 2025

Qualified Immunity Defendant Toppings argues that he is entitled to qualified immunity. … A correctional officer will be entitled to qualified immunity only if he can demonstrate that the constitutional right alleged to have been violated was not “clearly established.”

Reeves v. Meddings

District Court, S.D. West Virginia · Jul 6, 2023

Meddings is not entitled to qualified immunity. B. Violation of a Clearly Established Constitutional Right Even if some of Mr. … Reeves’s clearly established Fourth Amendment rights. Therefore, the Court finds that Defendant is not entitled to qualified immunity. IV.

P. A. v. Fayette County Board of Education

District Court, S.D. West Virginia · Aug 14, 2020

Qualified Immunity Defendants have moved for the dismissal of “all claims” based on an assertion of qualified immunity afforded to Evans.2 (Id. at 4.) … When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional

Workman v. MINGO COUNTY SCHOOLS

667 F. Supp. 2d 679 · District Court, S.D. West Virginia · Nov 3, 2009

the county at his or her discretion; and (II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified … MacCallum are as follows: I have examined [M.W.], age 7, and I have also examined her sister [S.W.], age 11— who is clearly autistic and likely because her (unintelligible) at age 2.

Piedmont Behavioral Health Center, LLC v. Stewart

413 F. Supp. 2d 746 · District Court, S.D. West Virginia · Jan 31, 2006

“When Congress wishes to allow private parties to sue to enforce federal law, it must clearly express this intent.” Pharm. Research and Mfrs. of Am. v. … As an initial matter, the plaintiffs fail to articulate any reasonable grounds for their claims brought pursuant to the Privileges and Immunities Clause or the Commerce Clause.

Yoder v. Workman

224 F. Supp. 2d 1077 · District Court, S.D. West Virginia · Oct 4, 2002

She argues the allegedly defamatory statement of reasons for judicial recusal 1) does not reference Yo-der, 2) is subject to absolute judicial immunity and absolute or qualified privilege, and 3) does not contain a provably … “Absolute judicial immunity applies (1) to all judicial acts unless (2) those acts fall clearly outside the judge’s subject matter jurisdiction.” Roush v.

A.D. v. Demetro

District Court, S.D. West Virginia · Jul 19, 2023

Qualified Immunity When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that … If the evidence establishes a violation of a constitutional right, the second prong assesses whether the right was “clearly established” at the time of the events at issue. Id.

Cordwell v. Widen

District Court, S.D. West Virginia · Aug 15, 2019

WVDOC is entitled to qualified immunity on these claims. … Stubblefield argues that she is entitled to qualified immunity for Plaintiffs’ negligent hiring, training, supervision, and retention claims because Plaintiffs have not alleged any violation of a clearly established law

Cyrus Ex Rel. McSweeney v. Walker

409 F. Supp. 2d 748 · District Court, S.D. West Virginia · Jan 26, 2005

BACKGROUND As set out more fully in the Preliminary Injunction Order entered by this Court on September 17, 2004, Plaintiffs claim they are qualified recipients of the Medicaid Home and Community Based Age/Disabled Waiver … However, state immunity is not absolute, and two well-established exceptions to this rule arise where a state waives its right to immunity or Congress unequivocally expresses its intent to abrogate state immunity and does