Case law

Brown v. City of Wheeling

212 W. Va. 121 · West Virginia Supreme Court · Aug 2, 2002

Thus I cannot advise the Board of Trustees that thei'e is a clearly established legal basis for them to recognize a claim for benefits under the provision of W.Va.Code 8-22-9(a)(l) in this particular case. … should be estopped from raising the immunity created by the [political subdivision immunity] statute.”

Fisher v. Ohio Valley General Hospital Ass'n

137 W. Va. 723 · West Virginia Supreme Court · Dec 22, 1952

It must be observed, however, that the Roberts case does not grant complete immunity to such institutions, but rather a qualified immunity which requires that those who operate the institution must use due care in the selection … We do not believe that any division of immunity as between paying patients and those who accept charity of an institution should be established.

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.

Rhoda M. Marchant, Timothy E. Marchant, and Timothy S. Marchant v. Preston County Office of Emergency Management/E911 and Preston County Commission

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

We believe, in cases of qualified or statutory immunity, court ordered replies and motions for a more definite statement under Rule 12(e) can speed the judicial process. … 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.

Wahi v. Charleston Area Medical Center

453 F. Supp. 2d 942 · District Court, S.D. West Virginia · Sep 29, 2006

This presumption of immunity established by the HCQIA creates a unique summary judgment standard. See Gabaldoni v. … Reasonableness standards have been consistently upheld in the context of qualified immunity. Freilich, 313 F.3d at 213 .

Kanawha County Board of Education, a political subdivision, George Aulenbacher, Principal, Brad Marano, Assistant Principal, John Doe and Jane Doe v. S.D., a minor, by and through her parent and next friend, J.D.

West Virginia Supreme Court · Sep 29, 2023

The parties appear to assume, without addressing, that both orders on appeal qualify for immediate review under the collateral order doctrine. 10 However, it is well established that “[w]here neither party to an appeal … More specifically, we have made clear that even “[i]n cases where interlocutory review of qualified immunity determinations occurs, any summary judgment rulings on grounds other than immunity are reserved for review at

Bowens v. Allied Warehousing Services, Inc.

229 W. Va. 523 · West Virginia Supreme Court · Jun 15, 2012

It has long been held that to establish fraud it must be clearly and specifically alleged: “He who alleges fraud must clearly and distinctly prove it, either by circumstantial or direct evidence. … In response, Allied asserts that the circuit court’s order granting summary judgment and dismissing Bowens’s negligence claims based on workers’ compensation immunity is clearly supported by applicable law and the evidence

Michael W. Wolford and James C. Nelson v. Mountain Top Hunting Club

West Virginia Supreme Court · Nov 20, 2015

Respondents contend that the remarks made by the respondent security guards were privileged under qualified immunity. … immunity protections.

Cantley v. West Virginia Regional Jail & Correctional Facility Authority

728 F. Supp. 2d 803 · District Court, S.D. West Virginia · Aug 5, 2010

The doctrine of qualified immunity, however, does protect public officials performing discretionary functions from, civil liability if they can show that their conduct did “not violate clearly established statutory or constitutional … Although it often will be appropriate to conduct the qualified immunity analysis by first determining whether a constitutional violation occurred and by next determining whether the constitutional right was clearly established

City of Princeton v. Jeffrey Holcomb

West Virginia Supreme Court · Nov 22, 2013

and statutory immunity. … Fairmont City Police Dept., 186 W.Va. 336, 347, 412 S.E.2d 737, 748 (1991) (applying the “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly

Cantley v. REG. JAIL & CORRECTIONAL FACILITY AUTH.

728 F. Supp. 2d 803 · District Court, S.D. West Virginia · Aug 5, 2010

Defendant Miller also moves to dismiss the claim against him in his individual capacity on the basis of qualified immunity. … The doctrine of qualified immunity, however, does protect public officials performing discretionary functions from civil liability if they can show that their conduct did "not violate clearly established statutory or constitutional

Joseph C. McComas II v. Mercer County Board of Education

West Virginia Supreme Court · Sep 5, 2017

Following the hearing, the circuit court granted respondent’s motion for summary judgment on the basis of qualified immunity. … On appeal, petitioner raises no argument as to why the circuit court’s granting of summary judgment in favor of respondent on the basis of qualified immunity is improper.

Sawyer v. Asbury

861 F. Supp. 2d 737 · District Court, S.D. West Virginia · May 18, 2012

Sept. 30, 2008) (stating that officer was not entitled to qualified immunity on claim that he allegedly punched a handcuffed prisoner in the back of the head); see also Jones v. … . *745 2003) (finding no qualified immunity on Fourth Amendment claim against officer who knocked individual to the ground and jumped on him in a holding center); Bailey v.

Boggs v. Board of Education

161 W. Va. 471 · West Virginia Supreme Court · Apr 7, 1978

With respect to matters within the scope of this statute the Legislature has clearly limited the county court’s right to raise the shield of governmental immunity, and we hold that the statute applies in the case before us … Const., art. 6, § 35 as protection against suit. *478 By stating that the Legislature could withdraw the shield of immunity from boards of education, the Green court clearly implied that the immunity was not founded in W.Va

In re Aaron Thomas M.

212 W. Va. 604 · West Virginia Supreme Court · Nov 27, 2002

random drug screens; to apply to HUD for housing assistance; to maintain adequate housing for the children; to cooperate •with in-home services designed to improve her parenting skills; to attend GED classes in order to qualify … These findings shall not be set aside by a reviewing court unless clearly erroneous.

Michael v. Marion County Board of Education

198 W. Va. 523 · West Virginia Supreme Court · Dec 9, 1996

Fairmont City Police Department, 186 W.Va. 336 , 412 S.E.2d 737 (1991), that “the general rule of construction ... favor[s] liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances … There is no dispute that each of the employers in these three cases qualifies as a political subdivision.

Diane Judy v. Eastern West Virginia Community and Technical College

Intermediate Court of Appeals of West Virginia · Dec 23, 2024

After a hearing on the motion to dismiss, the circuit court granted the 12(b)(6) motion, finding that EWVCTC was entitled to qualified immunity and that Ms. … In May of 2022, our Supreme Court of Appeals found that EWVCTC was not entitled to qualified immunity under the WVHRA and that Ms.

Precision Pipeline, LLC, Jason Stromberg, and Vanessa Stromberg v. Mark Weese

West Virginia Supreme Court · Mar 6, 2023

Code § 23-2-6 (1991) to provide qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. … Clearly, respondent, who concedes that he was injured in the course of and as a result of his employment, could have maintained an action against Precision under the common law principles of master and servant.

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

West Virginia Supreme Court · Sep 26, 2013

Vol. 2009) (“As used in this section, ‘duly qualified emergency service worker’ means: [a]ny duly qualified full or part-time paid, volunteer or auxiliary employee of this state . . . performing emergency services in this … However, in establishing this emergency service worker immunity, the Legislature correspondingly also has preserved the rights of individuals to receive compensation or benefits secured to them by law.

Dreama Bowden, Administratrix v. Monroe County Commission

232 W. Va. 47 · West Virginia Supreme Court · Sep 27, 2013

That is clearly incorrect, as West Virginia Code §§ 19-20-2 and -6 both provide authority to seize, impound, and sell or destroy tax delinquent dogs and unregistered dogs, respectively. … Va. at 347, 412 S.E.2d at 748 (applying “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity . . . the general