Case law

Shafii

District Court, S.D. West Virginia · May 6, 2026

immunity. … Graham, 473 U.S. 159, 166-67 (1985) (stating that government officials sued in their official capacities are not entitled to qualified immunity but may be entitled to sovereign immunity under the Eleventh Amendment).

Corns-Thomas Engineering & Construction Co. v. County Court of McDowell County

92 W. Va. 368 · West Virginia Supreme Court · Nov 21, 1922

Materiality of the time of that discovery and its importance are clearly obvious. … That a written contract, whether under seal or not, may be modified or a new one substituted for it, by a parol contract subsequently made, is well and clearly established as a legal proposition, by our decisions.

Ruble v. Office of the Secretary of State of West Virginia

192 W. Va. 134 · West Virginia Supreme Court · Nov 22, 1994

wrong in view of the reliable, probative and substantial evidence on the whole record; or (6) Arbitrary or capricious or characterized by abuse of discretion or clearly unwarranted exercise of discretion.’” … Ruble is qualified under an education program that is substantially equivalent to the requirements of the statute. 6 .

Bell v. United States

District Court, N.D. West Virginia · Mar 31, 2023

First, the Plaintiff’s argument asserting that the BOP’s Pandemic Response Plan mandates specific action was clearly addressed by the magistrate. ECF No. 51 at 15-16. … The Plaintiff’s argument mostly focuses on his theory that a quarantine was not established.

Hamilton v. PILGRIM'S PRIDE CORP.

314 F. Supp. 2d 630 · District Court, N.D. West Virginia · Mar 29, 2004

Having established that the applicable statute of limitations is two years, the Court must now determine when this two-year period began to run. … Pursuant to the immunity provisions of W.

Newcome v. Civil Service System

10 Ct. Cl. 146 · West Virginia Court of Claims · Dec 9, 1974

As required by law, she, as did all employees at the school, took the civil service qualifying examination and passed the same with a score on the cook examination of 72.50. … While the claimant’s work records do reflect that she worked on an almost regular basis during the summer months, the testimony and exhibits clearly reflect that she was always classified during her last four years of employment

W. Va. Ofc. of Insurance Commissioner v. Earl Lester Robinson and Apogee Coal

West Virginia Supreme Court · Jan 20, 2015

Robinson has the intellectual and physical capacity to perform at least sedentary work and that jobs were available within his geographical area for which he would be qualified or could become qualified with training. … The Board remanded the case to the claims administrator with instructions to issue a protestable Order establishing the onset date based upon the date when a properly completed and supported application for permanent total

In the Interest of Kaitlyn P.

225 W. Va. 123 · West Virginia Supreme Court · Feb 16, 2010

The court found that probable cause was established and place *125 ment was proper. An adjudicatory hearing was scheduled for October 22, 2008. … These findings shall not be set aside by a reviewing court unless clearly erroneous.

State v. Morrison

98 W. Va. 289 · West Virginia Supreme Court · Feb 24, 1925

a school of medicine is not specifically mentioned does not in itself evidence an intention of the legislature to exclude it from the operation of the statute, if from a consideration of all its provisions the contrary clearly … Ill State Constitution and Sec. 1, of the 14th Amendment to. the Federal Constitution, by depriving him of his privileges, and immunities and property without due process of law, and without equal *301 protection of the laws

Huffman v. Department of Highways

11 Ct. Cl. 9 · West Virginia Court of Claims · Sep 9, 1975

We are of the opinion that the evidence in this case fails to establish any negligence on the part of the respondent. … The duty owed by respondent to the claimant in this case was also clearly set forth in Parsons v. State Road Commission, 8 Ct.

WEST VIRGINIA HUMAN RIGHTS v. Esquire

618 S.E.2d 463 · West Virginia Supreme Court · Jun 30, 2005

immunity."); Banks v. … Black resides in the home but no longer qualifies as handicapped under the statute.

Garcelon v. Rutledge

173 W. Va. 572 · West Virginia Supreme Court · Jul 11, 1984

Because Garcelon complied fully with the requirements established by the Secretary of State in his election advisory, we concluded that he had a clear legal right to have his name placed on the ballot, and therefore directed … Randall, 357 U.S. 513, 526 , 78 S.Ct. 1332, 1342 , 2 L.Ed.2d 1460, 1473 (1958), than if the boundaries of the forbidden areas were clearly marked,” Baggett v.

Adkins v. Chandler

District Court, S.D. West Virginia · Feb 24, 2020

Upon consideration, Magistrate Judge Tinsley found that the Complaint fails to state any plausible constitutional claim and, thus, Defendants are entitled to qualified immunity. … Brooks, 343 F.3d 868 (6th Cir. 2003), wherein the Sixth Circuit found that prison mailroom clerks were not protected by qualified immunity for opening an inmate’s legal mail outside of his presence. Id. at 878–80.

Cline v. Kresa-Reahl

229 W. Va. 203 · West Virginia Supreme Court · May 29, 2012

Cline’s condition and how petitioner intended to establish liability. … Having determined that petitioner did not plead a recognized informed consent claim, we need not address whether informed consent qualifies as a “well-established legal theory of liability which does not require expert testimony

MacE v. Pizza Hut, Inc.

180 W. Va. 469 · West Virginia Supreme Court · Nov 28, 1988

It is, therefore, unclear whether the appellant adequately established her prima facie case in the proceedings below. … Findings of the Commission relating to discriminatory intent should not be reversed unless clearly wrong on the whole record. State ex rel. Human Rights Commission v.

State of West Virginia v. Kenneth Seen

235 W. Va. 174 · West Virginia Supreme Court · Apr 10, 2015

First, any person convicted of a “qualifying offense” must register as a sex offender, and these “qualifying offenses” are listed in West Virginia Code § 15-12-2(b)(1) - (7). … S.’s physical condition clearly supports the trial court’s ultimate findings.

Blevins v. Beckley Magnetite, Inc.

185 W. Va. 633 · West Virginia Supreme Court · Jul 29, 1991

In Maples, not only was it clearly established that it was the general practice of employees to take the hot grease out the back door and down the grassy slope without a lid, but it was also established that the employer … As previously held by this Court in syllabus point 1 of Mayles “[t]he statute creating a legislative standard for loss of employer immunity from civil liability for work-related injury to employees found in W.Va.Code § 23

West Virginia Highlands Conservancy, Inc. v. Huffman

651 F. Supp. 2d 512 · District Court, S.D. West Virginia · Aug 24, 2009

As noted by our court of appeals, Eleventh Amendment immunity is not absolute: “A State’s immunity to suit in federal court is subject to well established and important exceptions.” Id. (citing S.C. State Ports Auth. v. … Citing Bragg, the Secretary argues that he is immune from suit under the Eleventh Amendment.

Staton v. Wyoming County Board of Education

184 W. Va. 369 · West Virginia Supreme Court · Dec 20, 1990

Pursuant to Dillon , where a determination is based upon an evaluation of the relative qualifications of candidates, the issue of seniority is not decisive. 5 When “one candidate ... is clearly more qualified, the seniority … For purposes of establishing seniority as hereinafter provided, when an employee holds valid certification or licensure in one or more areas, the seniority shall accrue in each area.” .

PILGRIM'S PRIDE CORP. v. Morris

228 W. Va. 596 · West Virginia Supreme Court · Dec 16, 2011

principal activity is the business of farming_” W.Va.Code § 11-1A-10(b) (2008). this statutory requirement as controlling, the trial court reasoned that Pilgrim’s Pride could only rely on the “farm” exemption if it could first establish … Those independent farmers, the lower court opined, would clearly be entitled to the “farm” exemption under discussion.