Case law

Lee v. City of South Charleston

668 F. Supp. 2d 763 · District Court, S.D. West Virginia · Aug 28, 2009

Qualified Immunity Qualified immunity bars section 1983 actions against government officials in their individual capacity. Brandon v. Holt, 469 U.S. 464, 472-73 , 105 S.Ct. 873 , 83 L.Ed.2d 878 (1985). … The test for qualified immunity is a two-pronged inquiry.

Julian Lee Green v. Christopher Hood, Lt. Clouston, and David Leddy

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

The complaint did not allege that either the police or the prosecutor’s office knowingly violated a clearly established law or otherwise acted maliciously and therefore Lt. Clouston and Mr. … Hood were entitled to qualified immunity. Further, Mr. Hood was entitled to prosecutorial immunity while both Mr. Hood and Lt. Clouston were entitled to statutory immunity per § 29-12A-5(a)(5).

Adkins v. St. Francis Hospital of Charleston, W. Va.

149 W. Va. 705 · West Virginia Supreme Court · Jul 13, 1965

It can thus be seen that the doctrine in its original form established an immunity from liability which was total and complete. … Clearly, this Court did not find such action necessary.

Mountain State Sales and Electrical v. Raleigh County Board of Education

West Virginia Supreme Court · Jun 12, 2015

” and a right as the “lowest qualified bidder.” … Petitioner argues that if claimed immunity exists as to respondent, such immunity would only apply and protect respondent upon the initial awarding of the contract to Continental, leaving the remaining issue as to whether

Parnell v. Supreme Court of Appeals of West Virginia

926 F. Supp. 570 · District Court, N.D. West Virginia · Jan 29, 1996

Pittsburgh, Pennsylvania, or Marietta, Ohio) who would, consequently, not qualify as a responsible local attorney under the Rule. … The Rule clearly survives scrutiny under the Privileges and Immunities Clause.

Hutchinson v. West Virginia State Police

731 F. Supp. 2d 521 · District Court, S.D. West Virginia · Aug 5, 2010

“Qualified immunity protects government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … Accordingly, the pertinent question with regard to qualified immunity is whether, on July 8, 2005, the Summers test clearly established Plaintiffs right to be free from an unjustified 30- to 45-minute naked detention.

Webb v. RALEIGH COUNTY SHERIFF'S DEPARTMENT

761 F. Supp. 2d 378 · District Court, S.D. West Virginia · Dec 28, 2010

Deputy Hajash’s and Deputy Kade’s Entitlement to Qualified Immunity The Doctrine of Qualified Immunity “shields government actors from liability if they establish either that (1) the plaintiffs allegations fail to make out … a violation of a constitutional right, or (2) the right at issue was not clearly established at the time of the alleged misconduct.”

Eric F. v. Sheriff's Deputy Dalrymple

West Virginia Supreme Court · Jan 29, 2016

determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition.” … Therefore, we conclude that the circuit court did not err in finding that respondents had qualified immunity from petitioner’s § 1983 action.

Hampton ex rel. Bowling v. Tinder

732 F. Supp. 43 · District Court, S.D. West Virginia · Apr 6, 1989

The final issue the Court directed the parties to brief concerns qualified immunity. … Qualified immunity is appropriate if the law allegedly violated was not clearly established at the time of the alleged violations.

Norm Launi, II v. Hampshire County Prosecuting Attorney's Office and County of Hampshire, WV

West Virginia Supreme Court · Nov 8, 2023

court did not perform a qualified immunity analysis, and, insofar as we agree that the functions performed by Prosecutors James and Ours were prosecutorial in nature, we do not discuss qualified immunity, either. … Clearly, a prosecutor’s presentation of the case at trial is a prosecutorial function that falls under the protective ambit of absolute immunity.

Michael J. Kanode Sr. v. Hon. Derek C. Swope, Judge

West Virginia Supreme Court · May 3, 2013

Hey 197 W.Va. 207, 475 S.E.2d 299 (1996) (“[A]bsolute judicial immunity applies (1) to all judicial act[s]; unless (2) those acts fall clearly outside the judge’s subject matter jurisdiction.”). … Code, 29–12A–4(c) can survive immunity from liability under the general grant of immunity in W.Va. Code, 29–12A–4(b)(1).”). 11 The standard for determining qualified immunity is set forth in Syl.

Megan McKnight and Luke McKnight v. Board of Governors of Glenville State University, Gary Z. Morris, and Jason P. Barr

Intermediate Court of Appeals of West Virginia · Jun 11, 2024

In addressing the question of qualified immunity, the Supreme Court of Appeals of West Virginia (“SCAWV”) has stated “a government entity has no qualified immunity where the plaintiff can demonstrate that the government … Here, as with Judy, Petitioners “pled facts demonstrating a violation of this clearly established law [WVHRA], so, per Marple, [GSU] is entitled to no qualified immunity here.” Id.

Reynolds v. Hale

855 F. Supp. 147 · District Court, S.D. West Virginia · Jun 16, 1994

Thus qualified immunity “affords government officials greater protection than a simple defense on the merits.” Slattery v. Rizzo, 939 F.2d 213, 216 (4th Cir. 1991). … Applying the Harlow analysis, the Court must first determine whether Defendants Hale and Hunter violated any clearly established statutory or constitutional rights belonging to Mary Reynolds.

Michael J. Kanode, Sr. v. Lt. Mike Gills

West Virginia Supreme Court · May 24, 2013

to defeat a claim of qualified immunity for Respondent Gills, Respondent Ellison, and Respondent Wills. … Respondents’ defenses are 4 The standard for determining qualified immunity is set forth in Syl. Pt. 6, City of Saint Albans v.

Fisk v. Lemons

201 W. Va. 362 · West Virginia Supreme Court · Dec 12, 1997

The provisions of The Governmental Tort Claims and Insurance Reform Act, West Virginia Code §§ 29-12A-1 to -18 (1992), clearly contemplate that immunity will be extended to a political subdivision in connection with a claim … Both the Commission and the Sheriff qualify as "political subdivision[s]” within the meaning of the Act under the definitional provision found in West Virginia Code § 29-12A-3(c), which expressly includes "any county commission

Martin v. Mullins

170 W. Va. 358 · West Virginia Supreme Court · Jul 7, 1982

A compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the student’s clearly established constitutional rights that his action cannot … Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980): As our decisions make clear, whether such immunity has been established depends on facts peculiarly within the knowledge and control of the defendant.

Victor Summers v. Edward L. Moore

Intermediate Court of Appeals of West Virginia · Aug 6, 2025

Moore’s immunity under the COVID-19 Jobs Protection Act. … Moore’s immunity under the COVID-19 Jobs Protection Act was addressed.

Woods v. Town of Danville, WV

712 F. Supp. 2d 502 · District Court, S.D. West Virginia · May 14, 2010

Jarrett asserts that qualified immunity precludes the claims against him. a. … Qualified Immunity Qualified immunity is meant to “strike [ ] a balance between compensating those who have been injured by official conduct and protecting the government’s ability to perform its traditional functions.”

Rocco S. Fucillo v. Cynthia Kerner

231 W. Va. 195 · West Virginia Supreme Court · Jun 5, 2013

Because the order at issue in this case is an interlocutory order predicated in part on qualified immunity, we find that the order is subject to immediate appeal under Robinson and Jarvis. … The petitioners also raised the defenses of prosecutorial immunity, qualified immunity, and the public duty doctrine.

Norris v. Detrick

918 F. Supp. 977 · District Court, N.D. West Virginia · Mar 1, 1996

In the alternative, it is believed that the -defendants are entitled to qualified immunity on the excessive force claim. … Therefore, they are entitled to qualified immunity on the claim of excessive force set forth in Count One of the Complaint. The defendants also argue that they are entitled to summary judgment on Count Two.