Case law

Edward and Mary Ann Hodgson v. W. Va. Dept. of Corrections

West Virginia Supreme Court · Apr 21, 2017

The circuit court found both that the individual respondents were not deliberately indifferent to petitioner’s serious medical need and that they had qualified immunity from petitioner’s action. … Given that qualified immunity affords immunity from having to undergo a trial rather than just a defense to liability, a claim of immunity, “where ripe for disposition, should be summarily decided before trial.”

Guaranty Trust Co. of New York v. West Virginia Turnpike Commission

144 W. Va. 266 · West Virginia Supreme Court · Mar 24, 1959

Both the Enabling Act and the trust agreement clearly provide for interest at least to some degree, because the coupons themselves represent installments of interest. … At most, therefore, the Commission asserts only a qualified immunity from liability for interest.

Benson v. Kutsch

181 W. Va. 1 · West Virginia Supreme Court · Mar 28, 1989

function or thwarting of established public policy. … It must be remembered that local governmental immunities were originally judicially established and were not the product of statutes. Consequently, they could be judicially removed.

McCormick v. Walmart Stores, Inc.

215 W. Va. 679 · West Virginia Supreme Court · Jun 30, 2004

The reason for establishing such immunity is readily understandable. … Public officials and local government units should be entitled to qualified immunity from suit under § 1983, or statutory immunity under W.

State Ex Rel. Kaufman v. Zakaib

207 W. Va. 662 · West Virginia Supreme Court · Jul 14, 2000

Judge Kaufman refused to qualify Dr. Freeman as an expert, but did allow him to testify. … Although ruling that the judge should have qualified Dr. Freeman as an expert, we found this to be harmless error.

Smith v. Scottsdale Insurance

40 F. Supp. 3d 704 · District Court, N.D. West Virginia · May 16, 2014

Moulinage et Retorderie de Chavanoz, 487 F.2d 480, 484 (4th Cir.1973) (holding that “upon the termination of litigation the work product documents prepared incident thereto [do not] lose the qualified immunity extended to … Clearly then, they cannot establish substantial need and inability to otherwise obtain the information.

Heidi Price, Administratrix of the Estate of Ellis Wayne Price v. Raleigh General Hospital, LLC, and Philip Bailey

Intermediate Court of Appeals of West Virginia · Mar 4, 2025

the immunity. … Va. 654, 667, 783 S.E.2d 75, 88 (2015) (Qualified immunity is an affirmative defense …); Grim v. Eastern Electric, LLC, 234 W.

Smith v. Dodrill

718 F. Supp. 1293 · District Court, N.D. West Virginia · Aug 31, 1989

Finally, the defendant claims that he is entitled to qualified immunity in that he has acted in good faith and is protected from liability for damages arising out of the performance of his duties. … Although an official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses such as the qualified immunity defense raised by the defendant herein, the Court need not at

Gilmore v. Bostic

636 F. Supp. 2d 496 · District Court, S.D. West Virginia · Mar 27, 2009

Nothing apparent from the face of the plaintiffs complaint clearly establishes that the plaintiff has failed to exhaust any administrative remedies. … Bostic makes the further arguments that she is protected by qualified immunity and Elev *506 enth Amendment immunity.

Long v. City of Weirton

158 W. Va. 741 · West Virginia Supreme Court · Apr 29, 1975

Considering all of these facts to be established, in view of the jury’s verdict, we believe that the evidence clearly warranted a finding that the explosion was traceable to the gas leak in question. … Although the basis for the allocation of such expenses between the mother and natural father was not documented in the record, the liability therefor was clearly established. The error, if any, was harmless. Abdulla v.

Hayes v. Town of Cedar Grove

126 W. Va. 828 · West Virginia Supreme Court · May 30, 1944

But the immunity existed at common law. … Be this as it may, believing the doctrine of immunity against liability to be firmly established by the decided weight of authority, in cases where a municipality is engaged in performing governmental functions, we do not

Bias v. Eastern Associated Coal Corp.

220 W. Va. 190 · West Virginia Supreme Court · Jul 18, 2006

The Legislature intended for W.Va.Code § 23-2-6 (1991) to provide qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. … : [T]he immunity established in sections six and six-a, article two of this chapter is an essential aspect of this workers’ compensation system ....

Melissa K. Bond v. United Physicians Care, Inc. d/b/a Salem Family Healthcare

Intermediate Court of Appeals of West Virginia · May 29, 2024

In addition, with respect to questions of immunity, [t]he ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine … questions of statutory or qualified immunity are ripe for summary disposition.

State Ex Rel. Darling v. McGraw

220 W. Va. 322 · West Virginia Supreme Court · Jun 28, 2007

is wrong in concluding that West Virginia Code § 23-2-6 (2003) (Repl.Vol.2005) bars a common law negligence action for a mental-mental claim. 1 I was convinced then and am even more convinced now that “the existence of a qualifying … Firmly believing that the benefit of the bargain analysis which underlies the establishment of a workers’ compensation system completely fails when recovery is expressly denied by statute for an employment-related injury,

Holsten v. Massey

200 W. Va. 775 · West Virginia Supreme Court · Jul 16, 1997

This Court explained that it did not find this evolution of the law regarding local governmental tort immunity to be unusual: The history in West Virginia of the qualified immunity, from tort liability, available to municipalities … Accordingly, we find the appellant’s assertion that he “is not required to establish a special duty owed by the county commission and Deputy Greene in order to establish liability” to be incorrect. ' Indeed, other courts

A.D.A., as next friend of L.R.A., a minor child under the age of 18 v. Johnson & Johnson; A.N.C., as next friend of J.J.S., a minor child under the age of 18 v. Johnson & Johnson; Travis B., next friend and guardian of minor child Z.D.B. v. McKesson Corporation; and Trey Sparks v. Johnson & Johnson, Inc.

Intermediate Court of Appeals of West Virginia · Dec 27, 2024

of clearly established law and the information possessed by the defendant at the time of the allegedly wrongful conduct.” … The SCAWV has established the analysis to determine whether qualified immunity applies.

Adams v. Duncan

179 F. Supp. 3d 632 · District Court, S.D. West Virginia · Mar 31, 2016

The burden of establishing that a claim is moot is heavy and it belongs to the party asserting mootness. See Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. … The district court dismissed the action on sovereign immunity grounds.

State v. Haller

178 W. Va. 642 · West Virginia Supreme Court · Nov 17, 1987

These witnesses usually are either drug users offering immunized testimony or undercover police officers. … Accordingly, the court in Sweeney held that when the prosecution established an adequate foundation that lay witnesses had prior knowledge of drugs that qualified them to identify the substance used, the lay witness testimony

Hinebaugh v. James

119 W. Va. 162 · West Virginia Supreme Court · Jun 9, 1937

them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither more nor less, shall be the measure of the rights of citizens of other States within your jurisdiction.” … Under this regulation citizens of other states are entitled to exactly the same privileges and immunities as are citizens of West Virginia.

State Ex Rel. Cosner v. See

129 W. Va. 722 · West Virginia Supreme Court · Mar 4, 1947

Ct. 383 , 42 L. ed. 780; or “immunities implicit in the concept of ordered liberty.”, Palko v. Connecticut, 302 U. S. 319 , 58 S. … It ignored the requirement that it must clearly appear that a qualified jury could not be obtained in Mineral County.