Case law

Bautista-Ramos

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

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

Center for Individual Freedom, Inc. v. Ireland

613 F. Supp. 2d 777 · District Court, S.D. West Virginia · Feb 12, 2009

The power of legislatures to regulate elections is well established. Id. at 13, 96 S.Ct. 612 . … Id. at 80 , 96 S.Ct. 612 . (1) MCFL Corporation WVFL asserts that it qualifies as an MCFL corporation. In FEC v. Mass. Citizens for Life, Inc.

McCallister v. Purdue Pharma L.P.

164 F. Supp. 2d 783 · District Court, S.D. West Virginia · Sep 27, 2001

The party seeking to remove a case to federal court has the burden of establishing federal jurisdiction. Id. If federal jurisdiction is doubtful, a remand is necessary. Id. B. … Federal courts enjoy removal jurisdiction only where “a right or immunity created by the Constitution or laws of the United States [is] an element, and an essential one, of the plaintiff’s cause of action.” Gully v.

Beall Plumbing & Heating Co. v. First National Bank

847 F. Supp. 1307 · District Court, S.D. West Virginia · Mar 25, 1994

The certificate of sufficiency stated “I Hereby Certify, That the surety named herein is personally known to me; that, in my judgment, such surety is responsible and qualified to act as such; and that, to the best of my knowledge … As is discussed herein, the plaintiff clearly had the answers to these two questions in March 1989.

Davis v. Califano

473 F. Supp. 941 · District Court, S.D. West Virginia · May 8, 1979

It has been established that the Secretary may place greater reliance, on the opinions of “B” readers, Sharpless v. … Gaziano’s recordation of the plaintiff’s height, the findings of three other qualified physicians are ignored. On three different occasions Drs.

Spradlin v. Henson

District Court, S.D. West Virginia · May 10, 2019

In the rare instance when the face of a complaint clearly demonstrates a prisoner’s failure to exhaust administrative remedies, sua sponte dismissal on that ground is appropriate. … To establish a constitutional claim of excessive force, a plaintiff must show that a prison official “inflicted unnecessary and wanton pain and suffering.” Taylor v.

United States v. Talada

631 F. Supp. 2d 797 · District Court, S.D. West Virginia · Jun 5, 2009

SORNA “establishes a comprehensive national system for the registration of [sex] offenders.” 1 42 *801 U.S.C. § 16901. … In Gould, the court considered the same argument and concluded that “prior knowledge of a duty to register under state law qualified as effective notice under SORNA.” 526 F.Supp.2d at 544 .

Adams

District Court, S.D. West Virginia · Nov 10, 2025

immunity for Plaintiff’s claims (Id., pp. 7 – 14). … Berger, presiding, will consider the objections and modify or set aside any portion of the Order which it finds to be clearly erroneous or contrary to law.

United States v. Brodnik

710 F. Supp. 2d 526 · District Court, S.D. West Virginia · Apr 29, 2010

The allegations implicate the well-established tenets of tax law discussed above. … Evanson and the others established companies which dealt in insurance and real estate.

Daniels v. City of South Charleston

District Court, S.D. West Virginia · Aug 16, 2021

Va. 1995) (“[IIED] liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.” … See Graham, 490 U.S. at 394-96 (requiring use of unreasonable force to establish a Fourth Amendment excessive force claim).

Crouch v. Siemens Short-Term Disability Plan

662 F. Supp. 2d 553 · District Court, S.D. West Virginia · Sep 29, 2009

Bowden clearly felt that plaintiffs condition was greatly affected by his use of alcohol, and in a June 2006 visit to the emergency department at CAMC, plaintiffs chief complaint was that he needed help with his alcohol abuse … It appears that MetLife did, in fact, look into this possibility but found that plaintiff would not qualify. (Doc. No. 18-6 at SM-100390.)

Goines v. Rockefeller

338 F. Supp. 1189 · District Court, S.D. West Virginia · Jan 28, 1972

The procedures and mechanics by which these figures were employed in population adjustments are -not clearly disclosed by the record. … Clearly, courts should attempt to accommodate the relief ordered to the apportionment provisions of state constitutions insofar as is possible.

Erie Insurance Property & Casualty Co. v. Johnson

272 F.R.D. 177 · District Court, S.D. West Virginia · Dec 21, 2010

argue that “[wjhether or not Erie provided the contracting agent, Regina Morris, with the manual that explains among other things how the insurance application is to be completed and how the policy is intended to operate is clearly … A denial must fairly respond to the substance of the matter; and when good faith requires that a party qualify an answer or deny only a part of a matter, the answer must specify the part admitted and qualify or deny the rest

United States v. Lecco

495 F. Supp. 2d 581 · District Court, S.D. West Virginia · Apr 6, 2007

Beckson chooses at trial to exercise his Fifth Amendment privilege, the court will expect the defendant to have waiting in the wings a qualified expert acceptable to the defendant to stand in Dr. … The defendant has [also] already established a relationship with the psychiatrist. (Trans, at 16-17).

Alward

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

The entire action, meaning all claims, must be dismissed for one of the specified grounds in order to qualify as a “strike.” Tolbert v. Stevenson, 635 F.3d 646, 651 (4th Cir. 2011). … A routine dismissal based on a prisoner’s failure to exhaust his administrative remedies does not qualify as a strike. Green v. Young, 454 F.3d 405, 410 (4th Cir. 2006).

Stephens v. Western Regional Jail

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

Although the Court has some discretion in assigning counsel, the United States Court of Appeals for the Fourth Circuit has clearly stated that motions for the appointment of counsel in civil actions should be granted “ … Plaintiff must identify as a defendant a specific person who, while acting under color of state law, deprived the plaintiff of a federally protected civil right, privilege, or immunity.

A.D. v. Demetro

District Court, S.D. West Virginia · Jan 31, 2023

As to the second element, a plaintiff “may establish deliberate indifference by demonstrating a supervisor’s continued inaction in the face of documented widespread abuses.” Id. … immunity.

Zeng v. Marshall University

District Court, S.D. West Virginia · Aug 22, 2019

Put more colloquially: where a “proposed amendment is clearly insufficient or frivolous on its face,” leave to amend will be denied. Johnson v. … Sovereign Immunity Plaintiff once again stresses that, because he only seeks prospective relief, “Marshall University does not have sovereign immunity” with respect to

Tulley v. State Farm Mutual Automobile Insurance Co.

345 F. Supp. 1123 · District Court, S.D. West Virginia · Jul 12, 1972

Clearly this provision places a limitation upon the requirement of the statute and conflicts with the plain terms of the statute. It is therefore illegal and of no effect. … Legislation, clearly and simply drafted, will help, but the insurance industry can render a real and meritorious service by a radical revision of the standard policy language.

Tucker v. Princeton Community Hospital Association, Inc.

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

Here, the facts necessary to establish the affirmative defense of the statute of limitations do not clearly appear on 16 the face … “Section 11137(c) immunity is complete: it provides immunity from both damages and suits for injunctive relief. . . .” Robinson, 329 F. Supp. 3d at 175 n.14.