Case law

State v. Abdella

139 W. Va. 428 · West Virginia Supreme Court · Mar 9, 1954

Myrtis Smith whose husband lost money in a game of poker allegedly conducted at the establishment of the defendant. Shortly before the defendant testified, this witness told the grand jury that, when Mrs. … If he had admitted or denied that he had engaged in gambling or the sale or the use of numbers, he would have been clearly entitled, under the statute, to immunity from prosecution for the offense charged in the present indictment

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

Jerry L. Cochran v. River Road Public Service District

West Virginia Supreme Court · Nov 7, 2019

Zirkle’s negligence claim because “the acts [he] complained of are clearly associated with, related to, and result from the PSD’s licensing and permitting functions.”23 Mr. … Va. 139, 479 S.E.2d 649 (1996) (holding that “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

Pancho's LLC v. James T. Hughes

West Virginia Supreme Court · Sep 9, 2019

The Court explained that the claim failed because it was “based, not upon any challenge to the 2 Petitioner’s argument generally refers to the denial of due process, which it occasionally qualifies as procedural … As discussed above, Pancho’s has failed to establish that it enjoys constitutional protections from the harms it asserts.

O'Brien

District Court, N.D. West Virginia · Nov 18, 2025

Excessive Force (Count Three) Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly … was clearly established at the time of the violation[.]”

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.”).

Short v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jan 3, 2024

In addition, he argues that he is entitled to qualified immunity. Sgt. … The Fourth Circuit also rejected the officers’ qualified immunity claim, concluding that “it was clearly established that a 6 corrections

Zirkle v. Zirkle

208 W. Va. 374 · West Virginia Supreme Court · Oct 27, 2000

As a result of State legislative duties and immunity, Mr. Zirkle’s counsel was unavailable to attend a hearing on the motion. 4 Therefore, Mrs. … However, the second custody order only qualified the previous custody order by requiring Mrs. Zirkle to obtain the court's permission before moving the child out of state. .Mr.

Councell v. Homer Laughlin China Co.

823 F. Supp. 2d 370 · District Court, N.D. West Virginia · Oct 11, 2011

In discussion of the plaintiffs’ position that this case was wrongly removed, counsel clearly states “A separate Motion to Remand will be filed.” … Rand stands for the ability to recover through a well established tort from an actor who communicated false facts about a plaintiff.

Williams v. Glover

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

The complaint must sufficiently state a claim that the defendant violated a “clearly established law”, otherwise “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” … 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.”6 Rock for

In Re Markle

174 W. Va. 550 · West Virginia Supreme Court · Dec 21, 1984

Under the 1970 amendment it is clear that all documents and tangible things prepared by or for the attorney of the party from whom discovery is sought are within the qualified immunity given to work product, so long as they … Courts have either concluded that mental impressions are absolutely immune to discovery, see Duplan Corp. v.

Kirker v. Moore

308 F. Supp. 615 · District Court, S.D. West Virginia · Jan 12, 1970

The law relative to the State’s immunity in such a case was clearly stated in Hagood v. … McKeithen, 413 F.2d 1373 (1969) stated the law clearly and succinctly: “A. The Governor of the State has immunity from damage suits for acts within the sphere of executive activity. Barr v.

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

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Mar 27, 2014

The majority opinion requires a rape victim to specifically point to “a ‘clearly established’ right or law with respect to . . . supervision[.]” … , the doctrine of qualified immunity does not preclude this claim.

Hager v. Knox

District Court, S.D. West Virginia · Nov 8, 2021

Thus, the issue with respect to state-law qualified immunity is whether Defendants’ acts, which fall within the category of “discretionary functions,” violate any clearly established law. … established law, Defendants are entitled to qualified immunity on these claims.

Jafary v. Ward

District Court, S.D. West Virginia · Dec 28, 2021

“The question of whether a right is clearly established, for qualified immunity purposes, is a question of law for the court to decide.” , 931 F.3d 307, 317–18 (4th Cir. 2019). … On the other hand, the question of whether a reasonable officer would have known that the conduct at issue violated a clearly established right, for qualified immunity purposes, “cannot be decided on summary judgment if

W. Va. Regional Jail and Correctional Facility Authority v. A.B.

West Virginia Supreme Court · Oct 31, 2014

The majority opinion requires a rape victim to specifically point to “a ‘clearly established’ right or law with respect to . . . supervision[.]” … This Court, in summary fashion, found that qualified immunity did not exist: The Division argues that because qualified immunity protects governmental entities from tort liability for

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

United States v. Harris

780 F. Supp. 385 · District Court, N.D. West Virginia · Dec 12, 1991

tainted by establishing that [it] had an independent, legitimate source for the disputed evidence.” … Accordingly, the immunity agreement in this case, which clearly provides no proscription against the government’s prosecution of Mrs.

West Virginia Division of Corrections & Rehabilitation v. Damein Robbins

West Virginia Supreme Court · Jun 9, 2023

The parties do not dispute that the Eighth Amendment prohibition of cruel and unusual punishment is clearly established. Accordingly, my analysis focuses on whether Mr. … Furthermore, it is well established that cases involving qualified immunity require a heightened pleading standard. See Hutchison v. City of Huntington, 198 W.