Case law

Smith v. Chestnut Ridge Storage, LLC

West Virginia Supreme Court · Feb 24, 2021

’s counterclaim, we find that the present appeal is comparable to a circuit court’s denial of a summary judgment motion based on qualified immunity. … qualified) is immunity from suit. . . .

Better Government Bureau, Inc. v. McGraw

924 F. Supp. 729 · District Court, S.D. West Virginia · Apr 25, 1996

The Court held, inter alia, McGraw was not *731 entitled to qualified immunity on the constitutional claims asserted by BGB. … The reader is referred also to the Supplemental Memorandum Opinion and Order entered this date, revisiting the qualified immunity issue.

Adkins v. Adkins

459 F. Supp. 406 · District Court, S.D. West Virginia · Nov 6, 1978

from liability under the judicial immunity doctrine. … The doctrine of judicial immunity is well established in our judicial system and was recently reaffirmed in the case of Stump v. Sparkman, 435 U.S. 349 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978).

John R. Zsigray v. Cindy Langman and J.W. Ebert Corporation

West Virginia Supreme Court · Mar 27, 2020

“In order for a plaintiff to prevail on a claim for intentional or reckless infliction of emotional distress, four elements must be established. … Langman would be entitled to qualified immunity, and summary judgment would be appropriate. 13 See Beasley v. Mayflower Vehicle Sys., Inc., No. 13-0978, 2014 WL 2681689 (W.Va.

Fisher v. Bouchelle

134 W. Va. 333 · West Virginia Supreme Court · May 2, 1950

Such immunity was established in the early days in England, has been treated in this country as a part of the common law, and, unless restricted by statute, is in force in this State under the provisions of Article VIII, … is well established by the Whited case, supra, and by Lang, et al. v.

SER City of Bridgeport v. Hon. Christopher J. McCarthy, Judge

West Virginia Supreme Court · Nov 5, 2018

The very heart of the immunity defense is that it pursuant to the provisions of this article shall name as defendant the political subdivision against which liability is sought to be established. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified

Sloane v. Kanawha County Sheriff Department

342 F. Supp. 2d 545 · District Court, S.D. West Virginia · Oct 15, 2004

As the Supreme Court has consistently held, a plaintiff is not required to anticipate a defense of qualified immunity in his or her complaint. See Crawford-El v. … Defendants did not advance a qualified immunity defense in their motion to dismiss.

Santiago v. Clark

444 F. Supp. 1077 · District Court, N.D. West Virginia · Jan 6, 1978

Code 1931, 19-23-1, et seq., as amended, clearly demonstrates that the Commission is a state agency charged with the supervision and control of horse racing. … According to a note in the West Virginia Law Review, whether a state agency qualifies for the protection of the constitutional immunity provision depends basically on two types of criteria — financial and functional.

Fisher v. Bouchelle

61 S.E.2d 305 · West Virginia Supreme Court · Oct 9, 1950

is well established by the Whited case, supra, and by Lang et al. v. … In the early cases in England and in Virginia that consideration was emphasized and there was no indication that the application of the rule of immunity should be qualified or restricted to persons who were not residents

Hank Heckman and Loren Garcia v. Betsy Jividen, Jeff Sandy, and Patrick Morrisey, Individually, and David Kelly, Commissioner of the West Virginia Division of Corrections and Rehabilitation, Michael Baylous, Secretary of the Department of Homeland Security, and John B. McCuskey, Attorney General of West Virginia, in their Official Capacities

West Virginia Supreme Court · Jun 1, 2026

The ICA determined that qualified immunity barred that claim because, at that time, the discretionary act of issuing arrest warrants did not violate a clearly established constitutional or statutory right of which she should … Va. 492, 766 S.E.2d 751 (2014) (discussing the application of qualified immunity for the discretionary acts of public officials absent violation of clearly established laws which a reasonable official would have known, and

Elizabeth Crawford v. City of Charleston

West Virginia Supreme Court · Nov 17, 2023

Petitioner’s complaint describes a natural condition in the roadway—green slime in a pool of water—that clearly formed because of weather conditions. … Va. 139, 479 S.E.2d 649 (1996) (“The ultimate decision of whether qualified or statutory immunity bars a civil action is one of law for the court to determine.”).

Carey v. Dostert

185 W. Va. 247 · West Virginia Supreme Court · May 24, 1991

performed by the judge was clearly administrative rather than judicial in nature. … The Court in Forrester , however, left the door open on whether judges can claim a qualified immunity on some administrative acts. 484 U.S. at 230 , 108 S.Ct. at 545-46 . 13 . See Paxton v.

Adam Goodman and Paul Underwood v. Blake Auton

West Virginia Supreme Court · Nov 3, 2022

The extent of the immunity to suit as established by the Legislature is extremely broad: 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.

Curry v. Weiford

389 F. Supp. 2d 704 · District Court, N.D. West Virginia · Sep 21, 2005

Additionally, the defendants have raised the defense of qualified immunity. … does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Porter v. Grant County Board of Education

219 W. Va. 282 · West Virginia Supreme Court · Jun 16, 2006

Unless the legislature has clearly provided for immunity under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail.” … However, this general rule of construction is not applicable in the instant case because we find that the Legislature clearly provided for immunity in W.Va.Code § 29-12A-5(a)(6).

State v. Richards

101 W. Va. 136 · West Virginia Supreme Court · Mar 2, 1926

The defendants Cross and Elliott, as a part of their defense, sought to establish an alibi. … Va. 260 , we held that a confession made to a private detective with no authority to make promises of help or immunity, was properly admitted in evidence.

Boggs v. BD. OF ED. OF CLAY COUNTY

244 S.E.2d 799 · West Virginia Supreme Court · May 16, 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 … 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.Const., art. 6, § 35.

Hesse v. State Soil Conservation Committee

153 W. Va. 111 · West Virginia Supreme Court · Jun 17, 1969

A further examination of the aforesaid statute clearly reveals that the *116 functions of the Committee are statewide in nature. It is a direct governmental agency of the state. … Also, we must look to the statute under which such districts are established and to those which prescribe their powers, functions and duties.

State Ex Rel. McGraw v. Zakaib

192 W. Va. 195 · West Virginia Supreme Court · Nov 18, 1994

Forsyth, 472 U.S. 511, 535 , 105 S.Ct. 2806, 2820 , 86 L.Ed.2d 411, 431 (1985) (rejecting hindsight-based reasoning to determine an official’s qualified immunity from suit); State v. … Chase Securities, Inc., 188 W.Va. 356, 364 , 424 S.E.2d 591, 599 (1992) (in immunity cases, “the official’s act must be shown to have violated clearly established law”).

Riffe v. Armstrong

197 W. Va. 626 · West Virginia Supreme Court · Sep 5, 1996

That reality clearly connects all of those subsequent events to the original certificate. … We have recognized that the tort of outrage is subject to the defense of qualified privilege, which we defined as follows: “A defendant’s conduct is subject to a qualified privilege when he acts to protect or advance his