Case law

A.D. v. Demetro

District Court, S.D. West Virginia · Jul 19, 2023

Qualified Immunity When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that … If the evidence establishes a violation of a constitutional right, the second prong assesses whether the right was “clearly established” at the time of the events at issue. Id.

Bender v. Glendenning

219 W. Va. 174 · West Virginia Supreme Court · Jul 11, 2006

The history in West Virginia of the qualified immunity, from tort liability, available to municipalities and certain other political subdivisions of the state is consistent with the typical pattern in most of the other jurisdictions … The Act explicitly provides that: The purchase of liability insurance, or the establishment and maintenance of a self-insurance program, by a political subdivisions does not constitute a waiver of any immunity it may have

Cordwell v. Widen

District Court, S.D. West Virginia · Aug 15, 2019

WVDOC is entitled to qualified immunity on these claims. … Stubblefield argues that she is entitled to qualified immunity for Plaintiffs’ negligent hiring, training, supervision, and retention claims because Plaintiffs have not alleged any violation of a clearly established law

City of Morgantown v. Ducker

153 W. Va. 121 · West Virginia Supreme Court · Jun 17, 1969

immorality, and then only in the manner prescribed by law for the removal by the governor of State elective officers; and before exercising any authority or performing any duties as a member of the board each member must qualify … Va. 257 , in which the Kanawha Board was held liable for damage occasioned by its negligence in failing to discharge its duties and that a suit against the board was not a suit against the State, are also clearly distinguishable

Hose v. Berkeley County Planning Commission

194 W. Va. 515 · West Virginia Supreme Court · Jul 14, 1995

We heeded the following “general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislation has clearly provided for immunity under the circumstances, the general … Firestone Tire & Rubber Co., 164 W.Va. 763 , 266 S.E.2d 905 (1980), and held that “W.Va.Code, 29-12A-5(a)(ll) clearly contemplates immunity for political subdivisions from tort liability in actions involving claims covered

Cyrus Ex Rel. McSweeney v. Walker

409 F. Supp. 2d 748 · District Court, S.D. West Virginia · Jan 26, 2005

BACKGROUND As set out more fully in the Preliminary Injunction Order entered by this Court on September 17, 2004, Plaintiffs claim they are qualified recipients of the Medicaid Home and Community Based Age/Disabled Waiver … However, state immunity is not absolute, and two well-established exceptions to this rule arise where a state waives its right to immunity or Congress unequivocally expresses its intent to abrogate state immunity and does

Davis Ex Rel. Davis v. Wallace

211 W. Va. 264 · West Virginia Supreme Court · Jul 3, 2002

that the claims and other legal contentions made by the appellants were not warranted by existing law, nor did they constitute a nonfrivolous argument for the extension, modification, or reversal of existing law or the establishment … The court must explain its reasons clearly on the record if it decides a sanction is appropriate.

Quigley v. City of Huntington WV

District Court, S.D. West Virginia · Nov 2, 2017

”); and (2) was the right asserted clearly established at the time of the alleged violation (“clearly established prong”). … Regarding the second prong of the qualified immunity inquiry, the clearly established prong, the Fourth Circuit has instructed that when examining whether a right has been clearly established, a court must inspect the right

Shawnee Bank, Inc. v. Paige

200 W. Va. 20 · West Virginia Supreme Court · May 29, 1997

We believe the authorities cited by the Tax Commissioner establish that a state may tax interest income from securities is *24 sued by the FNMA without violating the intergovernmental tax immunity doctrine. … The court further considered the fact that Congress does not require the FNMA to qualify to do business in any state and provided it with immunity from most forms of state taxation.

Falls v. UNION DRILLING INC.

223 W. Va. 68 · West Virginia Supreme Court · Dec 30, 2008

“Where the issue on an appeal from the circuit court is clearly a question of law or involving an interpretation of a statute, we apply a de novo standard of review.” Syl. Pt. 1, Chrystal R.M. v. … Va.Code 23-2-6 (1991) to provide qualifying employers sweeping immunity from common-law tort liability for negligently inflicted injuries. As this Court succinctly stated in State ex rel. Frazier v.

University of West Virginia Board of Trustees Ex Rel. West Virginia University v. Graf

205 W. Va. 118 · West Virginia Supreme Court · Dec 14, 1998

The University concludes that this is clearly a case of retroactive relief and because the award of attorney fees is paid from the State treasury, it is clearly barred. Dr. … In 1989, the Legislature repealed the code sections that established the board of regents.

Little v. PrimeCare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Sep 15, 2021

The qualified immunity inquiry is a two-step determination of “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time of its violation.” … is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established law of which a reasonable official would have known.” W. Va. Reg'l Jail & Corr.

McClendon

District Court, S.D. West Virginia · Oct 14, 2025

Defendants note that qualified immunity shields government officials performing discretionary functions from civil liability if their conduct does not violate clearly established statutory or constitutional rights of which … Plaintiff argues that Defendants are not entitled to qualified immunity because first, “the operative law in this matter was clearly established well before July 2023,” and second, “based on the evidence of the record,

Chester v. Crocker

District Court, S.D. West Virginia · Mar 21, 2023

Defendants re-assert that, because Plaintiff has not sufficiently alleged any plausible violation of a clearly established federal constitutional right against them, they are entitled to qualified immunity … Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person

McMellon v. United States

395 F. Supp. 2d 422 · District Court, S.D. West Virginia · Oct 18, 2005

Thus, the decision to remove the buoys clearly involved elements of judgment or choice. … The United States’ Duty to Warn Boaters of the Presence of a Dam Having established that the discretionary function’s exception to the waiver of immunity in the SIAA is inapplicable to the placement of conspicuous signs,

Kitts v. Norfolk & Western Railway Co.

152 F.R.D. 78 · District Court, S.D. West Virginia · Dec 17, 1993

require attention include the question of whether the statute and its amendment in 1991 are to be applied retroactively 7 and whether the Court, in interpreting § 409 is to construe its provisions, and the apparent absolute immunity … Nothing contained in the language of section 409 supports the proposition that these reports and documents or this information qualify for the protection accorded elements of a safety enhancement program, nor would common

State Ex Rel. Postelwaite v. Bechtold

158 W. Va. 479 · West Virginia Supreme Court · Feb 4, 1975

The prosecution witnesses, if believed, clearly implicated; the defense witnesses, if believed, clearly exonerated. … The “conflict” to be established must be actual, and not merely speculative or theoretical. See, United States v.

Cogar v. Kalna

District Court, N.D. West Virginia · Mar 29, 2022

Defendant Scott Kalna is entitled to qualified immunity because the alleged constitutional violation was not clearly established in March 2015; therefore, the Motion to Dismiss Amended … Defendant Kalna is entitled to a qualified immunity defense.

Jeremy Walters v. City of Kenova, W. Va. and Ray Mossman

West Virginia Supreme Court · May 11, 2018

Consequently, we caution counsel that Rule 10(c)(7) of the West Virginia Rules of Appellate Procedure requires that [t]he brief must contain an argument exhibiting clearly the points of fact and law presented … immunity.

Williamson v. Waugh

160 F. Supp. 72 · District Court, S.D. West Virginia · Mar 20, 1958

faced with the insurmountable obstacle of defendant’s judicial immunity. … While justice of the peace courts in West Virginia are not courts of record, the West Virginia Supreme Court of Appeals established the rule in 1873 that judicial immunity extends to both superior and inferior courts of this