Case law

Jairo Ramon Munoz Martinez v. Christopher Mason, et al.

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

After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established. … For state jail officials, those consequences include personal civil liability without qualified immunity protection.

Miguel Antonio Dominguez Izaguirre v. Christopher Mason, et al.

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

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

West Virginia Ex Rel. McGraw v. United States Department of Health & Human Services

132 F. Supp. 2d 437 · District Court, S.D. West Virginia · Mar 14, 2001

Prior to 1993, states were permitted, but not required, to establish estate recovery programs. See Pub.L. No. 89-97 (July 30, 1965); see also Pub.L. No. 97-248 § 132 , 96 Stat. 324 (1982). … The court FINDS that the estate recovery program clearly meets the first four requirements.

Rolando Alexander Escalante Carrillo v. Christopher Mason, et al.

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

For state jail officials, those consequences include personal civil liability without qualified immunity protection. … After this court’s and this district’s multitude of rulings, state officials are clearly on notice, and the petitioners’ liberty interests have clearly been established.

State of West Virginia ex rel. Joshua Mena, D.O. v. The Honorable David J. Sims, Judge of the Circuit Court of Ohio CountyandState of West Virginia ex rel. Wheeling Health Right v. The Honorable David J. Sims, Judge of the Circuit Court of Ohio CountyandState of West Virginia ex rel. Wheeling Hospital, Inc. v. The Honorable David J. Sims, Judge of the Circuit Court of Ohio County

West Virginia Supreme Court · Mar 20, 2024

of this section, the health care provider is entitled to prelitigation mediation before a qualified mediator upon written demand to the claimant. .... … Clearly, this lawsuit was filed in violation of the MPLA and the circuit court should have dismissed the complaint for lack of subject matter jurisdiction. See PrimeCare Medical, 242 W.

Liskey v. Snyder

56 W. Va. 610 · West Virginia Supreme Court · Dec 20, 1904

it to the extent to which Rickard qualifies it in his testimony. … ‘This clearly appears from Rickard’s letter of January 27, 1900.

In re C.T.-1 and C.T.-2

West Virginia Supreme Court · Aug 31, 2022

These findings shall not be set aside by a reviewing court unless clearly erroneous. … Ultimately, we concluded that B.S., the child who resided outside of petitioner’s home, “did not qualify as either an ‘abused child’ or a ‘neglected child’ as those terms are defined by statute.” Id. at *11.

Fitzpatrick

District Court, S.D. West Virginia · Feb 12, 2026

Defendant also claims that, as a matter of law, he is entitled to qualified immunity. (Id. at 11–14.) Each argument is addressed below. A. … For the subjective component, the plaintiff must establish that the prison officials acted with a sufficiently culpable mental state. Boone v. Stallings, 583 F. App’x 174, 176 (4th Cir. 2014).

Town of Fulton v. Norteman

60 W. Va. 562 · West Virginia Supreme Court · Nov 20, 1906

In such cases, invalidity seems clearly tobe referable, not to unreasonableness in the ordinance, but to lack of municipal power. … The ordinance under which this conviction was obtained, on its face, bears some relation to the subjects of protection to health and immunity from injury, annoyance and offensiveness; but its effect is limited to three subjects

Cathe v. Doddridge County Board of Education

200 W. Va. 521 · West Virginia Supreme Court · Jul 3, 1997

We review the denial of a request for attorneys’ fees in a mandamus action under a clearly erroneous standard. … Federal policy also explicitly permits students who are expelled to receive educational services that are clearly distinguishable from the student's regular school placement. Id. .

State Ex Rel. Rist v. Underwood

206 W. Va. 258 · West Virginia Supreme Court · Dec 7, 1999

Its purpose is to establish definiteness and certainty in the salaries of public officers and to protect and safeguard the independence, the security, and the efficiency of the occupant of every public office. … We must stress, however, that the holding in this ease does not pose a significant obstacle to otherwise highly qualified persons gaining appointive office.

Brevard v. Racing Corporation of West Virginia

District Court, S.D. West Virginia · Apr 13, 2020

The WCA is “the exclusive remedy as against an employer for workplace injuries or death and provides general immunity from suit for such injuries or death to qualifying employers.” Young v. … Consequently, this Court and the West Virginia Supreme Court of Appeals has established that the immunity provided by the WCA encompasses an action for negligent or intentional infliction of emotional distress.

State Ex Rel. Heck's, Inc. v. Gates

149 W. Va. 421 · West Virginia Supreme Court · Apr 13, 1965

Though as contended by the petitioners, the foregoing quoted statements may be considered as dicta, they indicate clearly that this Court regarded the Sunday closing statute as secular rather than religious in character. … “Each of the ‘exclusions’ qualifies an otherwise broad generic category.

Cross v. Trapp

170 W. Va. 459 · West Virginia Supreme Court · Jul 14, 1982

The court, however, qualified its holding concerning expert testimony as follows: We are not to be understood as holding, however, that expert medical testimony can be dispensed with entirely in cases of informed consent. … Clearly, those instructions were more favorable to Dr. Trapp than instructions would have been if written pursuant to the patient need standard.

State Ex Rel. Smith v. Kermit Lumber & Pressure Treating Co.

200 W. Va. 221 · West Virginia Supreme Court · Jun 24, 1997

Dept. of Transportation, 926 P.2d 1200, 1202 (Colo.1996) (“ ‘In the states that continue to follow the nullum tempus doctrine, “when filing lawsuits in the posture of plaintiffs, [the states] are immune from statutes of limitations … The second quoted passage from (a)(1), stated in the past tense, clearly implies violations that have already occurred.

State v. Morris

227 W. Va. 76 · West Virginia Supreme Court · Nov 19, 2010

Furthermore, [w]hether a witness is qualified to state an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that … Helmick, 201 W.Va. 163 , 495 S.E.2d 262 (1997)(An error in admitting hearsay evidence is harmless where the same fact is proved *82 by an eyewitness or other evidence clearly establishes the defendant’s guilt). Mr.

Hoover v. West Virginia Board of Medicine

216 W. Va. 23 · West Virginia Supreme Court · May 28, 2004

This position is clearly wrong.... If defendants’ position was correct, the need for the signature of local counsel would be obviated.”); Bachmann v. … There is no signature at the bottom of the form-Accordingly, the complaint is deemed insufficient on its face to qualify as a ‘signed complaint’ as required by the Administrative Code.”).

Matter of Dortch

199 W. Va. 571 · West Virginia Supreme Court · Apr 14, 1997

Dortch should be admitted as he would seem to be otherwise duly qualified. The Board subsequently conducted an interview of the applicant on February 12, 1996, during its regularly-scheduled meeting. … Clearly, his criminal mischief was in no way attributable to his youth, immaturity or inexperience.

McClure v. Manchin

301 F. Supp. 2d 564 · District Court, N.D. West Virginia · Dec 22, 2003

The application of section 3-5-23 clearly burdens core political speech. … Indeed, to the extent that the State does not establish a strong interest in upholding a statutory provision, it also fails to establish a strong public interest in doing so.

Hanson v. Chesapeake & Ohio Railway Co.

198 F. Supp. 325 · District Court, S.D. West Virginia · Sep 30, 1961

Because of this they, perhaps better than lawyers, are qualified to interpret and apply them. Whether so or not, their judgment should carry weight when the judicial stage of controversy is reached. … The loser must go forward with attacking proof; but the facts are not conclusively established by the findings.