Case law

McClendon

District Court, S.D. West Virginia · Oct 14, 2025

Defendants note that qualified immunity shields government officials performing discretionary functions from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which … Plaintiff argues that Defendants are not entitled to qualified immunity because first, “the operative law in this matter was clearly established well before July 2023,” and second, “based on the evidence of the record,

Kitts v. Norfolk & Western Railway Co.

152 F.R.D. 78 · District Court, S.D. West Virginia · Dec 17, 1993

require attention include the question of whether the statute and its amendment in 1991 are to be applied retroactively 7 and whether the Court, in interpreting § 409 is to construe its provisions, and the apparent absolute immunity … Nothing contained in the language of section 409 supports the proposition that these reports and documents or this information qualify for the protection accorded elements of a safety enhancement program, nor would common

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

Chester v. Crocker

District Court, S.D. West Virginia · Mar 21, 2023

Defendants re-assert that, because Plaintiff has not sufficiently alleged any plausible violation of a clearly established federal constitutional right against them, they are entitled to qualified immunity … Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person

McMellon v. United States

395 F. Supp. 2d 422 · District Court, S.D. West Virginia · Oct 18, 2005

Thus, the decision to remove the buoys clearly involved elements of judgment or choice. … The United States’ Duty to Warn Boaters of the Presence of a Dam Having established that the discretionary function’s exception to the waiver of immunity in the SIAA is inapplicable to the placement of conspicuous signs,

Williamson v. Waugh

160 F. Supp. 72 · District Court, S.D. West Virginia · Mar 20, 1958

faced with the insurmountable obstacle of defendant’s judicial immunity. … While justice of the peace courts in West Virginia are not courts of record, the West Virginia Supreme Court of Appeals established the rule in 1873 that judicial immunity extends to both superior and inferior courts of this

Schoonover v. Clay County Sheriff's Department

District Court, S.D. West Virginia · May 21, 2020

The plaintiff does not even address whether such a right is clearly established. … However, the court found that the officer was entitled to qualified immunity because the girl’s right not to be handcuffed under the circumstances of that case was not clearly established

Richard Nelson v. M. W. Fisher, et al.

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

Defendant Truitt argues that he is entitled to qualified immunity as to the excessive force claim. … Qualified Immunity Qualified immunity is an affirmative defense intended to shield public officials from civil suits arising out of their performance of job-related duties.

Little v. PrimeCare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Sep 15, 2021

The qualified immunity inquiry is a two-step determination of “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time of its violation.” … is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established law of which a reasonable official would have known.” W. Va. Reg'l Jail & Corr.

Burgh

District Court, S.D. West Virginia · Mar 30, 2026

Next, the Court must consider whether qualified immunity applies. … Thus, Plaintiff has not fully responded to a qualified immunity defense as it was not clearly asserted.

Lewis v. West Virginia Supreme Court of Appeals

985 F. Supp. 2d 776 · District Court, S.D. West Virginia · Dec 5, 2013

Feeney, 495 U.S. 299, 304 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (“This Court has drawn upon principles of sovereign immunity to construe the Amendment to establish that an unconsenting [s]tate is immune from suits brought … Judge Cassell offers nothing to support this surprising and clearly erroneous assertion.

Stoneman v. Bear

District Court, S.D. West Virginia · Jan 18, 2022

Qualified immunity is available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Brown are entitled to qualified immunity on the federal claims if they did not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

L.T.

District Court, S.D. West Virginia · Sep 11, 2026

She argues that qualified immunity is not available because it is clearly established that the Equal Protection Clause of the Fourteenth Amendment protects against sexual harassment in the educational setting, as well … Thus, the motion to dismiss based on qualified immunity should be denied.

New v. Faris

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

“‘Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.’” … Qualified immunity is thus available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson, 555 at 231 (quoting Harlow v.

Short v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jan 3, 2024

In addition, he argues that he is entitled to qualified immunity. Sgt. … The Fourth Circuit also rejected the officers’ qualified immunity claim, concluding that “it was clearly established that a 6 corrections

Williams v. Glover

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

The complaint must sufficiently state a claim that the defendant violated a “clearly established law”, otherwise “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … The qualified immunity inquiry is a two-step determination of “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time of its violation.”6 Rock for

Kirker v. Moore

308 F. Supp. 615 · District Court, S.D. West Virginia · Jan 12, 1970

The law relative to the State’s immunity in such a case was clearly stated in Hagood v. … McKeithen, 413 F.2d 1373 (1969) stated the law clearly and succinctly: “A. The Governor of the State has immunity from damage suits for acts within the sphere of executive activity. Barr v.

Means v. Peterson

District Court, S.D. West Virginia · Nov 13, 2020

Was this a violation of clearly established law? … “Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” , 472 U.S

Hager v. Knox

District Court, S.D. West Virginia · Nov 8, 2021

Thus, the issue with respect to state-law qualified immunity is whether Defendants’ acts, which fall within the category of “discretionary functions,” violate any clearly established law. … established law, Defendants are entitled to qualified immunity on these claims.

Jafary v. Ward

District Court, S.D. West Virginia · Dec 28, 2021

“The question of whether a right is clearly established, for qualified immunity purposes, is a question of law for the court to decide.” , 931 F.3d 307, 317–18 (4th Cir. 2019). … On the other hand, the question of whether a reasonable officer would have known that the conduct at issue violated a clearly established right, for qualified immunity purposes, “cannot be decided on summary judgment if