Case 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

STATE EX REL. CORPORATION OF CHARLES TOWN v. Sanders

224 W. Va. 630 · West Virginia Supreme Court · Dec 22, 2009

Code, § 29-12A-5(a)(6) (1986) clearly provides political subdivisions with immunity from liability for losses or claims resulting from snow or ice placed on public ways or other public places by the weather. … 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.

Griffith v. Federal National Mortagage Ass'n

25 F. Supp. 3d 902 · District Court, S.D. West Virginia · Jun 9, 2014

Statutory tax immunity and the constitutional tax immunity afforded to federal instrumentalities are not coterminous. Montgomery Cnty. … Fannie Mae and Freddie Mac indeed qualify as federal instrumen-talities.”

Dakota Jones and Matilda Workman v. Logan County Board of Education

West Virginia Supreme Court · Nov 17, 2022

of qualified or absolute immunity should be heard and resolved prior to any trial because, if the claim of immunity is proper and valid, the very thing from which the defendant is immune—a trial—will absent a pretrial … or qualified immunity are ripe for summary disposition.” 24 Despite the preference for early consideration of assertions of immunity, “[a] plaintiff is not required to anticipate the defense of immunity

State v. Beard

194 W. Va. 740 · West Virginia Supreme Court · Jul 19, 1995

The declaration offered to exculpate the accused must be supported by corroborating circumstances that ‘clearly indicate the trustworthiness of the statement.’... … but only when it is established that the witness was hypnotized.

Smith v. Burdette

211 W. Va. 477 · West Virginia Supreme Court · Jun 13, 2002

; (2) there was no evidence that Officer Burdette acted maliciously, in bad faith, or in a wanton or reckless manner; and (3) his conduct did not violate clearly established laws. … 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.”

Whitney v. Ralph Myers Contracting Corporation

146 W. Va. 130 · West Virginia Supreme Court · Feb 28, 1961

That repeated vibrations of the earth, at or in the vicinity of plaintiffs’ property, occasioned by the blasting operations, occurred during times material, appears to be clearly established by the proof and, we believe, … the governmental authorities is reflected clearly by the statement found in 43 Am.

American Federation of State, County & Municipal Employees v. CSC of W.Va.

176 W. Va. 73 · West Virginia Supreme Court · Dec 19, 1985

The right they seek to enforce was not clearly established until this Court’s decision in AFSCME I. … The sovereign immunity doctrine is not a bar to recovery of back pay in the cases now before us.

Johnson v. United States

394 F. Supp. 2d 854 · District Court, S.D. West Virginia · May 4, 2005

Clearly, under the analysis in Stams, it does. Therefore, the Court finds the MPLA applies to this case. See also Bellomy v. … law because such law “cannot control the scope of the federal government’s waiver of sovereign immunity”). 5 .

Dale F. v. Robert Peters, Marion County Prosecutors Office

West Virginia Supreme Court · Apr 6, 2020

understood the nature of the plea agreement and was clearly advised of the rights he would be waiving by pleading guilty. 5 We take judicial notice of the appendix record filed in Supreme Court No. 19-0738 … Therefore, it has been recognized that a prosecutor is entitled only to qualified immunity when performing actions in an investigatory or administrative capacity.

State v. Whitt

220 W. Va. 685 · West Virginia Supreme Court · Apr 6, 2007

Day to the stand is clear: to establish that Ms. Day was the perpetrator of Ms. Mitchell’s death. … What Appellant sought to establish through Ms.

Clark v. Milam

155 F.R.D. 546 · District Court, S.D. West Virginia · Mar 25, 1994

Lamm on the basis of work product immunity. 2 I. … As Milam admits, it is well-established that the scope and conduct of discovery are well within the sound exercise of a trial court’s discretion. 3 Erdmann v.

Dorsey v. Randolph

District Court, S.D. West Virginia · Aug 30, 2022

Third, he argues that he is entitled to qualified immunity. … Qualified immunity is an affirmative defense to Section 1983 that applies when an officer’s “conduct does not violate clearly established statutory or constitutional rights known to

Camden-Clark Memorial Hospital Corporation v. Tuan Nguyen, M.D.

807 S.E.2d 747 · West Virginia Supreme Court · Nov 13, 2017

The Hospital contended that because Physician's claims are linked to its decision to not reappoint him to its medical staff, it enjoyed qualified immunity as afforded by this Court in Mahmoodian v. … Hospital's Rule 12(b)(6) Motion The Hospital asserts that it enjoys qualified immunity from all of Physician's claims.

Wrenn v. West Virginia Department of Transportation

224 W. Va. 424 · West Virginia Supreme Court · Nov 12, 2009

sovereign immunity. … Clearly, the DOH would have no duty to inspect any of these entities if it did not own and control them.

Walker v. Meadows

206 W. Va. 78 · West Virginia Supreme Court · Jul 15, 1999

Whether a “special relationship” can be established under Syl. Pt. 2 of Wolfe v. … The chronological confines of “the execution or enforcement” have not been clearly delineated.

Sargus v. West Virginia Board of Law Examiners

170 W. Va. 453 · West Virginia Supreme Court · Jul 14, 1982

The court concluded that “[t]he thirty-day residency requirement ... clearly discriminates against nonresidents, because they are denied the opportunity to take the bar examination and, thus, precluded from practicing law … , therefore, reverse the decision of the West Virginia Board of Law Examiners in denying the application of Jennifer Smart Sargus to take the bar examination and hereby order respondent to allow petitioner, if otherwise qualified

Beckley v. Crabtree

189 W. Va. 94 · West Virginia Supreme Court · Feb 24, 1993

West Virginia Code § 29-12A-3(c) (1992) defines a political subdivision as follows: [A]ny county commission, municipality and county board of education; any separate corporation or instrumentality established by one or more … The sheriff’s actions in effectuating the arrest of a criminal suspect were clearly within the scope of his employment.

Brooks v. City of Weirton

202 W. Va. 246 · West Virginia Supreme Court · May 19, 1998

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. … [the] derivative claims [of the spouses and children] for loss of love, society, comfort, companionship and services ... would not survive immunity under W.Va.Code Sec. 29-12A-5(a)(ll), if the Board could establish such immunity

Utz v. Board of Education

126 W. Va. 823 · West Virginia Supreme Court · May 23, 1944

of the demurrer by stipulation, matters of fact appearing from the court’s memorandum setting forth his reasons for overruling the demurrer and made a part *825 of the record as a final order, and also facts which were established … A declaration must contain allegations of the constituent facts which show a right of action, clearly stated, so that an issue going to the right to recover is joined if any one of them is traversed.