Case law

Meagen Brinegar v. C.O. Lumpbert individually and in his official capacitys

West Virginia Supreme Court · Jul 30, 2020

The circuit court granted WVRJCFA’s motion first, in part on the application of qualified immunity. Ms. … Therefore, we find no error in the circuit court’s application of qualified immunity. In her third assignment of error, Ms.

Julie Ann Hamstead v. Matthew Harvey, individually and as Prosecuting Attorney for Jefferson County, West Virgina, and the Jefferson County Commission, a corporate body

West Virginia Supreme Court · Mar 23, 2022

To overcome qualified immunity, a claimant must establish that the employee or official knowingly violated a clearly established law or acted maliciously, fraudulently, or oppressively. … Thus, the analysis turns to whether the acts alleged by the plaintiff can overcome qualified immunity because the acts violated some clearly established right of which a reasonable public official would have known, or were

Walker v. Tyler County Commission

886 F. Supp. 540 · District Court, N.D. West Virginia · May 22, 1995

An executive official is entitled to qualified immunity where an objective observer could find that the officer reasonably believed that his conduct did not violate clearly established constitutional rights. See e.g. … any clearly established constitutional rights of the plaintiff.

Arbaugh v. BOARD OF EDUC., COUNTY OF PENDLETON

329 F. Supp. 2d 762 · District Court, N.D. West Virginia · Aug 6, 2004

Qualified Immunity Thompson asserts the defense of qualified immunity in his reply. … This immunity is available when the conduct of a government employee does not violate a clearly established statutory or constitutional right of which a reasonable person would have known. Harlow v.

Akers v. Caperton

797 F. Supp. 514 · District Court, S.D. West Virginia · Jul 30, 1992

Qualified Immunity The Defendants Gaston Caperton, Kenneth Dunn and Art Gleason assert the defense of qualified immunity. … Defendants assert an entitlement to qualified immunity since they were acting pursuant to statutory authority and they further allege that their conduct did not violate the Plaintiffs’ clearly established statutory or constitutional

Mercer County Board of Education v. Holly Ruskauff

West Virginia Supreme Court · Nov 4, 2019

First, the BOE argues that it is entitled to qualified immunity and that qualified immunity bars negligence claims against governmental officials. … Accordingly, the BOE is entitled to qualified immunity; and, as such, we need not address the BOE’s other assignments of error.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

Prince George’s County, Md., 309 F.3d 224, 229 (4th Cir. 2002) (“Because qualified immunity is an immunity from having to litigate, as contrasted with an immunity from liability … Traditional appellate review of a qualified immunity ruling cannot achieve the intended goal of an immunity ruling: “the right not to be subject to the burden of trial.”

Yoak v. Marshall University Board of Governors

223 W. Va. 55 · West Virginia Supreme Court · Dec 9, 2008

The appellees contend that the circuit court properly found that qualified immunity is applicable to the instant ease. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

Austin Joseph Goodwin v. Board of Education of Fayette County

West Virginia Supreme Court · Nov 12, 2019

to qualified immunity. … established statutory laws rendering qualified immunity inapplicable.”9 The statute cited by the Petitioner as imposing a mandatory or discretionary duty on the Respondents to supervise him is W.

Browning v. Snead

886 F. Supp. 547 · District Court, S.D. West Virginia · May 17, 1995

Doory, 14 F.3d 993, 995 (4th Cir.1994) our Court of Appeals discussed generally the application of qualified immunity as follows: “Qualified immunity shields a governmental official from liability for civil monetary damages … if the officer’s ‘conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’

Clark v. Milam

152 F.R.D. 66 · District Court, S.D. West Virginia · Dec 1, 1993

It is difficult to establish a defense is clearly insufficient. Spell v. McDaniel, 591 F.Supp. 1090, 1112 (E.D.N.C.1984). … Struck. 16 Failure to plead RICO allegations with sufficient probability to establish probable cause of causal connection. Struck. 17 No duty. Struck. 18 Sovereign immunity, qualified privilege.

Walton v. Ballard

District Court, S.D. West Virginia · Mar 30, 2018

established federal law.” … Johnson, 647 F.3d 87, 103 (4th Cir. 2011) (“The rule and analytical framework announced by the Supreme Court in Strickland ‘unquestionably qualifies as “clearly established” federal law under § 2254(d).’”

Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

232 W. Va. 513 · West Virginia Supreme Court · Sep 26, 2013

Va. 743, 310 S.E.2d 675 (1983), serves to obliterate the immunity clearly granted under West Virginia Code § 15-5-11(a). … articulated by the Arkansas Supreme Court: “[W]hile absolute immunity ‘bars a suit at the outset,’ qualified immunity ‘is in the nature of an affirmative defense.’”

Taylor v. West Virginia Department of Health & Human resources

237 W. Va. 549 · West Virginia Supreme Court · Apr 14, 2016

Therefore, to the extent that petitioners have established sufficient evidence that the challenged employment actions were a violation of clearly established statutory or constitutional rights or laws of which a reasonable … ’ claims are not barred by qualified immunity.

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

Bennett v. Coffman

178 W. Va. 500 · West Virginia Supreme Court · Apr 14, 1987

I It has long been established that a police officer is entitled to qualified immunity from an assessment of damages against him in an action under 42 U.S.C. § 1983 if he acted with a reasonable and good faith belief that … The appellees in this case are therefore immune from damages unless they acted contrary to clearly established law as it existed at the time they entered Mr.

Weigle v. Pifer ex rel. City of Vienna Police Department

139 F. Supp. 3d 760 · District Court, S.D. West Virginia · Oct 14, 2015

These material disagreements preclude the application of qualified immunity to the officers at this juncture. The right to be free from excessive force during an arrest is a clearly established constitutional right. … Our Court of Appeals has explained that, in circumstances where qualified immunity is invoked, if there is a “genuine question of material fact regarding ‘[w]hether the conduct allegedly violative of [such a clearly established

Preast v. McGill

65 F. Supp. 2d 395 · District Court, S.D. West Virginia · Sep 10, 1999

clearly established at the time of the incident, and (3) evaluate whether a reasonable [official] would have understood that the conduct at issue violated the clearly established right.” … Qualified immunity shields Deputy Gainer “from suits for damages if ‘a reasonable officer could have believed [Preast’s arrest] to be lawful, in light of clearly established law and the information” ’ Deputy Gainer possessed

Merrill v. West Virginia Department of Health & Human Resources

219 W. Va. 151 · West Virginia Supreme Court · May 12, 2006

Va.Code, 29-12A-1, et seq., is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … DHHR was entitled to qualified immunity because Appellants had failed to adduce even a scintilla of evidence that DHHR had violated any clearly established law.

Kenney v. Charnock

441 F. Supp. 2d 769 · District Court, S.D. West Virginia · Jul 26, 2006

was clearly established must be considered[.]” 533 U.S. at 200, 121 S.Ct. 2151 . … The sheriff filed a motion to dismiss based, inter aha, upon qualified immunity. Id.