Case law

Todd Kent, Mark Spessert, Christopher Kutcher, City of Charleston Town, Bradley Meacham, Glenna Hosby-Brown, William Roper, and City of Ranson v. Christopher Sullivan

West Virginia Supreme Court · May 9, 2024

Code § 29-12A-1 et seq. would apply; (4) the matter involves discretionary judgments, decisions, and/or actions; (5) the acts or omissions are in violation of clearly established … Thus, the circuit court’s overarching error here was in analyzing the immunity issue based on the principles set forth in Estate of Grove – principles established to govern common law qualified immunity cases involving

Green v. City of Welch

822 F. Supp. 1236 · District Court, S.D. West Virginia · Jun 3, 1993

The Defense of Qualified Immunity Police officers are entitled to summary judgment on the ground of qualified immunity in civil rights cases if they can establish that reasonable officers could have believed that their actions … were lawful in light of both clearly established law and information the officers possessed at the time of the acts in question.

Quinn v. Zerkle

District Court, S.D. West Virginia · Dec 20, 2021

Even if the Court finds that the entry does constitute a Fourth Amendment violation, they argue that they are entitled to qualified immunity because “there is no federal case law or case law in West Virginia that clearly … He argues that clearly established precedent precludes the claim of qualified immunity.

Zirkle v. Elkins Road Public Service District

221 W. Va. 409 · West Virginia Supreme Court · Nov 15, 2007

The trial court, however, required the parties to file a “short and plain statement” 1 tailored to the defense of qualified or statutory immunity. … Next, the court may, on its own discretion, insist that the plaintiff file a reply tailored to an answer pleading the defense of statutory or qualified immunity. 2 .

Terry R. Brumfield Jr. v. Jennings Mark Workman

West Virginia Supreme Court · Mar 26, 2019

Qualified Immunity The doctrine of qualified immunity properly applied, “protects all but the plainly incompetent or those who knowingly violate the law.” … “To overcome qualified immunity, a plaintiff must plead facts ‘showing (1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct

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.

Robertson v. City of Beckley

963 F. Supp. 570 · District Court, S.D. West Virginia · May 7, 1997

Qualified immunity immunizes officers from 42 U.S.C. § 1983 liability arising from their official discretionary acts that do not “violate clearly established statutory or constitutional rights of which a reasonable person … Our Court of Appeals has formulated a three prong test to determine whether an officer’s conduct is immunized: (1) identify the right allegedly violated, (2) decide whether that right was clearly established at the time of

Orum v. Haines

68 F. Supp. 2d 726 · District Court, N.D. West Virginia · Sep 21, 1999

Additionally, qualified immunity shields a governmental official from liability if the officer’s conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Therefore the Defendant, Warden Williams Haines is entitled to qualified immunity.

STATE EX REL. YOUTH SVCS. SYS. v. Wilson

515 S.E.2d 594 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court's ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a "political subdivision" to invoke statutory immunity.

Better Government Bureau, Inc. v. McGraw

924 F. Supp. 724 · District Court, S.D. West Virginia · Apr 25, 1996

established law. … Accordingly, McGraw is the only Defendant putatively entitled to interpose a qualified immunity defense.

Pegg v. Klempa

119 F. Supp. 3d 488 · District Court, N.D. West Virginia · Jul 31, 2015

Qualified immunity is abrogated only upon a showing that the officer’s conduct violated a constitutional right and that such right was clearly established at the time the conduct occurred. Id. … Qualified Immunity: Clearly Established . This Court has already found that one prong of Saucier, the constitutional violation prong, has not been met.

R.D. and K.D. v. WV Department of Health and Human Resources

West Virginia Supreme Court · Nov 19, 2018

We disagree, as this Court has previously held that “‘the question of whether the constitutional or statutory right was clearly established is one of law for the court.’” … Accordingly, we find that petitioners cannot establish that the DHHR’s mistake was such that qualified immunity should not apply.

Deakins v. Pack

957 F. Supp. 2d 703 · District Court, S.D. West Virginia · Jul 12, 2013

Deakins claims that “Defendants are not entitled to qualified immunity because their conduct, acts, and/or omissions did violate the Plaintiffs’ clearly established statutory, constitutional, and civil rights.” … Deakins claims that “Defendants are not entitled to qualified immunity because their conduct, acts, and/or omissions did violate the Plaintiffs’ clearly established statutory, constitutional, and civil rights.”

Mooney v. Frazier

225 W. Va. 358 · West Virginia Supreme Court · Apr 1, 2010

of a third party, with neither a warrant nor the permission of the third party, in order to effect a warrantless arrest of the misdemeanant, so long as such entry violates no clearly established statutory or constitutional … Va.Code, 29-12A-1, et seq., is entitled to *370 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

Rankin v. Berkeley County Sheriff's Department

222 F. Supp. 2d 802 · District Court, N.D. West Virginia · Sep 19, 2002

Even though a prosecutor has absolute immunity for a decision not to prosecute, qualified immunity exists for a decision not to investigate. 14 In this matter, Games-Neely has qualified immunity for not investigating the … The Court, therefore, finds that plaintiffs claims against Lynn Nelson are barred by his absolute and qualified immunity and his Motion to Dismiss should be Granted. 16 Berkeley County Commission The Fourth Circuit has established

Lester v. City of Gilbert

85 F. Supp. 3d 851 · District Court, S.D. West Virginia · Feb 4, 2015

Tupper are entitled to qualified immunity because the Plaintiffs cannot prove that they knowingly violated a clearly established law. … Thus, in asserting a qualified immunity defense, Defendants C.A. Douglas, J.T.

E.B. v. W. Va. Regional Jail and Correctional Authority, etc.

West Virginia Supreme Court · Jan 27, 2017

immunity analysis requires consideration of the requirement that the asserted violated right is “clearly established.” … the particular action is a violation) violates a clearly established right.

Copson v. Hephner

District Court, S.D. West Virginia · Mar 30, 2021

“Qualified immunity attaches when an official's conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … officer had violated the son’s clearly established Fourth Amendment rights.

Conley v. Ryan

92 F. Supp. 3d 502 · District Court, S.D. West Virginia · Mar 13, 2015

The burden of establishing that absolute immunity is applicable in' a given situation falls on the party seeking immunity. Burns v. … Sparks has not invoked qualified immunity in his motion to dismiss.

Jordan v. Town of Pratt

886 F. Supp. 555 · District Court, S.D. West Virginia · May 24, 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 … Therefore, the Court concludes the law was not clearly established that Mr.