Case law

B. v. VanBibber

District Court, S.D. West Virginia · Aug 26, 2025

The court held that “for purposes of qualified immunity, internal agency policies, procedures, manuals, guidelines, or similar documents that have not been legislatively approved are not, and cannot be used to create, clearly … West Virginia qualified immunity is not legally identical to federal 10 qualified immunity.

Weimer-Godwin v. BD. OF ED. OF UPSHUR CTY.

179 W. Va. 423 · West Virginia Supreme Court · Apr 22, 1988

County boards of education are not entitled to the immunity of the State under W.Va.Const, art. VI, § 35 and are not entitled to common law governmental immunity. Syl., Ohio Valley Contractors v. … These statutes are, however, clearly not subject-oriented, except for their reference to "special instructional assignments.”

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!

Baldau v. Jonkers

229 W. Va. 1 · West Virginia Supreme Court · Mar 10, 2011

Noerr Motor Freight, Inc., 365 U.S. 127 , 81 S.Ct. 523 , 5 L.Ed.2d 464 (1961) (establishing immunity for petitions to a state legislature); United Mine Workers v. … The probable cause issue was clearly before the three judge panel and both sides had a full and fair opportunity to litigate the matter before them.

Crow v. McElroy Coal Co.

290 F. Supp. 2d 693 · District Court, N.D. West Virginia · Jun 24, 2003

This Court finds that the proposed findings regarding his Title VII are not clearly erroneous. B. … To establish an ADA violation, the plaintiff must prove that (1) he has a disability; (2) he is otherwise qualified for the job in question; and (3) he was discharged solely because of his disability. See Doe v.

Baisi

District Court, S.D. West Virginia · Feb 27, 2026

However, a plaintiff may overcome qualified immunity by showing “(1) that the government official violated a statutory or constitutional right and (2) that right was clearly established at the time of the challenged conduct … Nevertheless, Defendants argue they are entitled to qualified immunity because they did not violate any clearly established law by handcuffing a pretrial detainee for an extended period of time when they had a security

Yoder v. Workman

224 F. Supp. 2d 1077 · District Court, S.D. West Virginia · Oct 4, 2002

She argues the allegedly defamatory statement of reasons for judicial recusal 1) does not reference Yo-der, 2) is subject to absolute judicial immunity and absolute or qualified privilege, and 3) does not contain a provably … “Absolute judicial immunity applies (1) to all judicial acts unless (2) those acts fall clearly outside the judge’s subject matter jurisdiction.” Roush v.

Jenkins v. City of Elkins

230 W. Va. 335 · West Virginia Supreme Court · Nov 15, 2012

Va.Code, 29-12A-5(a)(ll), clearly contemplates immunity for political subdivisions from tort liability in actions involving claims covered by workers’ compensation even though the plaintiff was not employed by the defendant … Clearly, the innocent driver was not “legally entitled to recover damages” when he or she could not serve process on the unidentified tortfeasor.

Stutler

District Court, S.D. West Virginia · Oct 24, 2025

Qualified Immunity Defendant Toppings argues that he is entitled to qualified immunity. … A correctional officer will be entitled to qualified immunity only if he can demonstrate that the constitutional right alleged to have been violated was not “clearly established.”

State v. Haverty

165 W. Va. 164 · West Virginia Supreme Court · Jun 24, 1980

Snider was present during the transaction, which would be a necessary fact to establish in order to require disclosure by the State. … Immunity will be denied if the proferred testimony is found to be ambiguous, not clearly exculpatory, cumulative or if it is found to relate only to the credibility of the government’s witness-es_” [ 615 F.2d at 972 ].

West Virginia Department of Human Services v. L.R. and A.R., and B.R., an infant

West Virginia Supreme Court · Jun 1, 2026

The DHS moved to dismiss the respondents’ complaint based on qualified immunity. … The DHS presents this appeal from the circuit court’s order denying its motion for summary judgment in which the DHS asserted qualified immunity.

United States v. Thompson

150 F. Supp. 674 · District Court, N.D. West Virginia · Apr 19, 1957

It is fundamental, and little authority need be cited for the proposition, that the sovereign is immune from suits in its own courts in the absence of statutory waiver of immunity. … However, subdivisions (a) and (b) of Rule 13 are qualified by subdivision (d) of the same rule, which is as follows: “(d) Counterclaim Against the United States.

Reeves v. Meddings

District Court, S.D. West Virginia · Jul 6, 2023

Meddings is not entitled to qualified immunity. B. Violation of a Clearly Established Constitutional Right Even if some of Mr. … Reeves’s clearly established Fourth Amendment rights. Therefore, the Court finds that Defendant is not entitled to qualified immunity. IV.

P. A. v. Fayette County Board of Education

District Court, S.D. West Virginia · Aug 14, 2020

Qualified Immunity Defendants have moved for the dismissal of “all claims” based on an assertion of qualified immunity afforded to Evans.2 (Id. at 4.) … When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional

Powers v. Goodwin

170 W. Va. 151 · West Virginia Supreme Court · May 17, 1982

After the court of appeals had ruled that the defendants were protected by absolute immunity, the Supreme Court reversed by setting out a means of determining qualified immunity. … Hence, to qualify for immunity under Scheuer a public official must pass both the objective test of reasonable grounds and the subjective test of good faith. See Wood v.

Cowan v. Cowan

133 W. Va. 115 · West Virginia Supreme Court · Jun 21, 1949

Cowan later qualified. Robert C. … In our opinion the Virginia cases cited clearly attach that solemnity to an order of probate, and, if we looked upon this proceeding as a direct attack upon the will of A. B.

Russell v. Bush & Burchett, Inc.

210 W. Va. 699 · West Virginia Supreme Court · Nov 28, 2001

Unless the legislature has clearly provided for immunity *706 under the circumstances, the general common-law goal of compensating injured parties for damages caused by negligent acts must prevail. 9 In connection with State … The parties also submit arguments in their briefs regarding rulings by the circuit court relating to independent contractor status, the public duty doctrine, the Restatement of Torts, qualified immunity, and indemnification

Workman v. MINGO COUNTY SCHOOLS

667 F. Supp. 2d 679 · District Court, S.D. West Virginia · Nov 3, 2009

the county at his or her discretion; and (II) Delegating to the state superintendent the authority to fill positions of administrators and principals with individuals determined by the state superintendent to be the most qualified … MacCallum are as follows: I have examined [M.W.], age 7, and I have also examined her sister [S.W.], age 11— who is clearly autistic and likely because her (unintelligible) at age 2.

Long v. M & M Transportation, LLC

44 F. Supp. 3d 636 · District Court, N.D. West Virginia · Sep 5, 2014

to qualifying employers.” … The liability clearly does not extend to mere insults, indignities, threats, annoyances, petty oppressions, or other trivialities.

Piedmont Behavioral Health Center, LLC v. Stewart

413 F. Supp. 2d 746 · District Court, S.D. West Virginia · Jan 31, 2006

“When Congress wishes to allow private parties to sue to enforce federal law, it must clearly express this intent.” Pharm. Research and Mfrs. of Am. v. … As an initial matter, the plaintiffs fail to articulate any reasonable grounds for their claims brought pursuant to the Privileges and Immunities Clause or the Commerce Clause.