Case law

Johnston

District Court, S.D. West Virginia · May 5, 2026

Qualified immunity protects government officials sued in their personal capacity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Because the Plaintiffs have not demonstrated that the Defendants have violated a clearly established right, the Defendants are entitled to qualified immunity.

State Ex Rel. City of Martinsburg v. Sanders

219 W. Va. 228 · West Virginia Supreme Court · Jul 11, 2006

On August 4, 2005, the lower court denied Martinsburg’s motion finding that the *231 city had failed to meet its burden to establish its right to immunity under West Virginia Code § 29-12A-5(a)(ll), a provision of the Governmental … The Court finds that the defendant has failed to meet its burden to establish its right to immunity under W.Va.Code § 29-12A-5(a)(ll) ... [and] DENIES the defendant’s motion for judgment on the pleadings.

Brown

District Court, S.D. West Virginia · Jun 22, 2026

Defendant Allen next argues that he is entitled to qualified immunity because he did not violate Ms. Brown’s right(s) and no such right was clearly established. He notes that at the time of Ms. … She contends that he is not entitled to qualified immunity as to either the federal or state claims because she has sufficiently alleged violation of a clearly established constitutional right.

England v. Daily Gazette Company

143 W. Va. 700 · West Virginia Supreme Court · Jul 3, 1958

Considered together, they constitute such a vehement and violent attack on the character of plaintiff as to make an abuse of the qualified privilege clearly apparent. … We can not say that the allegations of the plea of justification were so clearly and definitely established that the verdict was wrong.

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

Riggle v. Allied Chemical Corp.

180 W. Va. 561 · West Virginia Supreme Court · Feb 10, 1989

Without being qualified, it is clear that the deposition testimo *569 ny of these experts was inadmissible. W.V.R.Evid. 702. … Under the circumstances, the court clearly did not abuse his discretion by denying this motion to amend pleadings a mere six days before trial.

State of West Virginia ex rel. Mingo County Board of Education v. The Honorable Miki Thompson, Judge of the Circuit Court of Mingo County, and "Big Jim" Hatfield

West Virginia Supreme Court · Nov 16, 2021

Pt. 1, Hutchison, 198 W.Va. 139, 479 S.E.2d 649 (“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … 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 immunity are ripe for summary disposition

SER HCR Manorcare v. Hon. James C. Stucky, Judge

235 W. Va. 677 · West Virginia Supreme Court · Jun 9, 2015

Under the Act, confidentiality and immunity from liability are made a part of the health care peer review process to facilitate the evaluation of health care practitioners. Syllabus point 2 of Young v. … Both orders directed ManorCare to redact the portions of the documents qualifying as “legal advice.”

Dale W. Steager, State Tax Comm. v. James and Elaine Dawson

West Virginia Supreme Court · May 17, 2017

Under Syllabus Point 2 of Brown, the Dawsons were required to establish that the tax scheme established by Section 12(c)(6) discriminates against a federal retiree because of the source of his or her income. … In the years at issue in this case, the number who qualify for the exemption has diminished to two percent of all state-pension recipients.

Chase v. Greyhound Lines, Inc.

156 W. Va. 444 · West Virginia Supreme Court · Feb 27, 1973

Parent-un emancipated child immunity in personal injury actions was first established in West Virginia in Securo v. … Grogg, supra, involved immunity between husband and wife, but from our previous discussion, it is obvious it applies with equal force to parent-child immunity.

Doe v. American National Red Cross

845 F. Supp. 1152 · District Court, S.D. West Virginia · Feb 25, 1994

In that decision, the Court concluded “[although there is no simple test for ascertaining whether an institution is so closely related to governmental activity to become a tax-immune instrumentality, the Red Cross is clearly … types of suits, there is clearly a contrary legislative intent.”

Reed v. Bord

206 W. Va. 568 · West Virginia Supreme Court · Dec 10, 1999

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.” … Bord to perform many of his prosecutorial duties in the separate office he established.

Pickens v. Department of Highways

15 Ct. Cl. 203 · West Virginia Court of Claims · Nov 21, 1984

The Court is fully aware that the inspection was performed by someone not technically qualified to do so; nevertheless, the conscious appreciation of risk ceased. … Legislature passed a legislative standard for loss of employer immunity. W.Va.

Messer v. Huntington Anesthesia Group, Inc.

218 W. Va. 4 · West Virginia Supreme Court · Jul 7, 2005

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … 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 immunity are ripe for summary disposition

Johnson v. Tsapis

186 W. Va. 642 · West Virginia Supreme Court · Dec 19, 1991

Clearly, the provisions of W.Va. … Although the Privileges and Immunities Clause uses the term "Citizens,” it is well-established that the terms “citizen” and "resident” are interchangeable for purposes of most cases analyzed under Article IV, Section 2, Clause

Hall v. Protan

158 W. Va. 276 · West Virginia Supreme Court · Dec 20, 1974

prior to the qualifying civil service examination. … under the “grandfather clause”, nor had it established the required training program.

Moats v. Preston County Commission

206 W. Va. 8 · West Virginia Supreme Court · Jul 15, 1999

Clearly, the defense of quasi-judicial immunity was not intended to apply to employees of private mental health centers who are transporting individuals in their custody. … Valley contends that an expert is necessary because the complaint clearly asserts a medical malpractice claim against it.

Wittkamper

District Court, N.D. West Virginia · Jun 22, 2026

Qualified Immunity Qualified immunity can be afforded to government officials for discretionary acts taken in their official capacity. … Clearly Established Right (Prong Two) Now, the Court will assess whether it was clearly established that it violated the Fourth Amendment to hold Wittkamper in the prone position as

State Ex Rel. Abraham Linc. Corp. v. Bedell

216 W. Va. 99 · West Virginia Supreme Court · Jul 15, 2004

The principles underlying the West Virginia Workers’ Compensation system are well-established. … This Court must accede to the methodology established by the legislature and the rules and regulations designed to determine an employer’s continuing enii!