Case law

Hawkins Ex Rel. Hawkins v. West Virginia Department of Public Safety

223 W. Va. 253 · West Virginia Supreme Court · Dec 12, 2008

Furthermore, the appellants argue that the State Police never established a self-insured workers’ compensation system that complies with the requirements of the Workers’ Compensation Act. … Bancorp., Inc., 166 W.Va. 775 , 277 S.E.2d 613 (1981) (“Interpretations of statutes by *259 bodies charged with their administration are given great weight unless clearly erroneous.”).

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,

Nichols Engineering & Research Corp. v. Haden

9 Ct. Cl. 4 · West Virginia Court of Claims · Jul 13, 1971

PETROPLUS, JUDGE: The Petitioner is Nichols Engineering and Research Corporation, a Delaware corporation, with its principal business office in New York City, and has duly qualified as a foreign corporation to do business … Chapter 14 of the Code established the Court of Claims in 1967 and defined its general jurisdiction with limitations.

Miller v. Monongahela Power Co.

184 W. Va. 663 · West Virginia Supreme Court · Feb 7, 1991

That leaves doubt in the minds of somebody who wants to go in there for some sort of purpose other than a qualified individual, maybe this isn’t the right place. … The jury clearly found Monongahela to be at fault.

State of West Virginia ex rel., John Cherian,M.D., and Weirton Medical Center v. The Honorable Ronald E. Wilson, Judge of the Circuit of Brooke County, and Keving and Margaret Craft

West Virginia Supreme Court · Apr 15, 2022

Va. 563, 746 S.E.2d 554 (2013) (recognizing that summary judgment orders addressing qualified immunity are immediately reviewable based upon an immune defendant’s right not to be burdened with trial and holding that “[a] … circuit court’s order denying summary judgment on qualified immunity grounds on the basis of disputed issues of material fact must contain sufficient detail to permit meaningful appellate review.

Means v. Peterson

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

Was this a violation of clearly established law? … “Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” , 472 U.S

Jones v. Patterson Contracting, Inc.

206 W. Va. 399 · West Virginia Supreme Court · Nov 24, 1999

be disturbed unless it clearly appears that its discretion has been abused.” … In Gentry, 3 we acknowledged that “we have clearly stated that a broad range of knowledge, skills, and training qualify an expert as such, and rejected any notion of imposing overly rigorous requirements of expertise.” 195

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.

Western Lunatic Asylum v. Miller

29 W. Va. 326 · West Virginia Supreme Court · Feb 5, 1887

In such event the statute of limitations would -commence to run at the expiration of five years from the death; that is, the law, according to our statute, conclusively presmnes that an administrator has qualified on the … For the foregoing reasons, I am clearly of opinion, that the decrees of the Circuit Court entered in this cause should be reversed and the plaintiff’s bill dismissed with costs to the administrator of Irby against the plaintiff

Richard Nelson v. M. W. Fisher, et al.

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

Defendant Truitt argues that he is entitled to qualified immunity as to the excessive force claim. … Qualified Immunity Qualified immunity is an affirmative defense intended to shield public officials from civil suits arising out of their performance of job-related duties.

Skaff v. Pridemore

200 W. Va. 700 · West Virginia Supreme Court · Jul 15, 1997

Grievants have established that Respondent is in abuse of its discretion in failing to establish and implement a reasonable shift-trading policy. 4. … Sovereign immunity itself clearly does not violate due process.

Anthony and Susan Warrix v. City of Sophia

West Virginia Supreme Court · Mar 28, 2014

or statutory right was clearly established is one of law for the court. … West Virginia Code § 29-12A-5(a)(11) clearly states that a political subdivision enjoys immunity from liability where the loss or claim is the result of “any claim covered by any workers’ compensation law or any employer’

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.

Burgh

District Court, S.D. West Virginia · Mar 30, 2026

Next, the Court must consider whether qualified immunity applies. … Thus, Plaintiff has not fully responded to a qualified immunity defense as it was not clearly asserted.

Julia Moses, Administratrix v. City of Moundsville

West Virginia Supreme Court · Apr 7, 2017

Respondent filed a motion to dismiss, pursuant to Rule 12(b)(6), asserting that it was entitled to qualified immunity. … As we have previously stated, “[s]igned opinions containing original syllabus points have the highest precedential value because the Court uses original syllabus points to announce new points of law or to change established

L.T.

District Court, S.D. West Virginia · Sep 11, 2026

She argues that qualified immunity is not available because it is clearly established that the Equal Protection Clause of the Fourteenth Amendment protects against sexual harassment in the educational setting, as well … Thus, the motion to dismiss based on qualified immunity should be denied.

Lewis v. West Virginia Supreme Court of Appeals

985 F. Supp. 2d 776 · District Court, S.D. West Virginia · Dec 5, 2013

Feeney, 495 U.S. 299, 304 , 110 S.Ct. 1868 , 109 L.Ed.2d 264 (1990) (“This Court has drawn upon principles of sovereign immunity to construe the Amendment to establish that an unconsenting [s]tate is immune from suits brought … Judge Cassell offers nothing to support this surprising and clearly erroneous assertion.

Master Mechanical Insulation v. Richard Simmons

232 W. Va. 581 · West Virginia Supreme Court · Nov 6, 2013

a system which compensates even though the injury or death of an employee may be caused by his or her own fault or the fault of a coemployee; that the immunity established in sections six [§ 23-3-6] and six-a [§ 23-3-6a] … Under the five-prong standard adopted to identify the limited instances in which a subscribing employer’s immunity is statutorily abrogated, the issue of an employee’s conduct is clearly relevant for purposes of determining

Hope Natural Gas Co. v. West Virginia Turnpike Commission

143 W. Va. 913 · West Virginia Supreme Court · Nov 18, 1958

of the state for its establishment, maintenance and operation, and which dependency, though not always clearly specified in such cases as controlling, was nevertheless a most important factor therein in the determination … Cases involving only the exercise of a proprietary function by a truly governmental agency or branch of the state government hold that such agency or branch is clearly without immunity.

Larry Helms v. Joseph N. Carpenter, Sheriff

West Virginia Supreme Court · Nov 17, 2017

Public officials and local government units should be entitled to qualified immunity from suit under § 1983, or statutory immunity under W.Va. … Clearly, under Hutchison, the immunity from the burden of a trial on the merits may extend to pretrial discovery. See Mitchell v.