Case law

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

In Re FELA Asbestos Cases

222 W. Va. 512 · West Virginia Supreme Court · Jul 2, 2008

Va.Code, 56-l-l(c) [2003] against the Privileges and Immunities Clause. … Va.Code, 56-1-la [2007] to formally establish a doctrine of forum non conveniens.

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.

Deller v. Naymick

176 W. Va. 108 · West Virginia Supreme Court · Apr 4, 1986

Thus, the doctor is clearly immunized from liability under the terms of W.Va. Code, 23-2-6a [1949]. … West Virginia Board of Regents, 172 W.Va. 743 , 310 S.E.2d 675 (1983), specifically, that the legislature had waived constitutional governmental immunity to the extent that liability insurance coverage is available, is clearly

Taylor v. Clay County Sheriff's Department

District Court, S.D. West Virginia · Feb 24, 2020

right was clearly established at the time of the alleged violation. … A clearly established right is one that “violate[s] clearly established statutory or constitutional rights of which a reasonable person would have known.’” West v.

Dean v. Officer Charles Newman

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

Clearly established analysis Officer Newman then argues that he is entitled to qualified immunity even if his actions were objectively unreasonable—he claims that Plaintiff cannot … , the Court finds that Officer Newman is not entitled to qualified immunity.

Powell v. Wood County Commission

209 W. Va. 639 · West Virginia Supreme Court · Jun 8, 2001

Va.Code § 29-21-9 (1996), which establishes procedures for the appointment of legal counsel to indigent citizens, and W. Va.Code § 29-21-20 (1989), which shields appointed counsel from liability from suit. … The statute that governs this case clearly limits the liability of any attorney appointed by a court pursuant to W.

Murray v. Lilly

District Court, S.D. West Virginia · Sep 26, 2019

Under the doctrine of qualified immunity, “[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long ‘as their conduct does not violate clearly established statutory … Having found that the Defendants’ conduct did not constitute a constitutional violation and that the law was not clearly established the Defendants’ are entitled to qualified immunity on this claim.

Wyer v. Sheppard

District Court, N.D. West Virginia · Jan 16, 2024

Defendant Sheppard is entitled to qualified immunity. The Defendants also claim that Defendant Sheppard is entitled to qualified immunity. The Plaintiff disagrees. … “Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that their conduct does not violate clearly established statutory or constitutional

State Ex Rel. Brown v. MacQueen

169 W. Va. 56 · West Virginia Supreme Court · Dec 18, 1981

The trial court, after determining that the petitioner’s testimony would be clearly exculpatory and essential to Collins’ defense, and that the ends of justice would be promoted by compelling the petitioner to testify, granted … As a result of this language, Counselman was generally regarded to have established a transactional immunity rule.

Stephen G. Endicott, Administrator v. City of Oak Hill

West Virginia Supreme Court · Nov 2, 2018

App.1997), in which the court observed that “[w]here the facts upon which the determination of qualified immunity hinges are in dispute, then those facts may require a jury determination.” Id. at 374. … The parties clearly recognized the fact-driven nature of a decision underlying the question of immunity and jointly acknowledged the need for further factual development.

Perkins v. United States

848 F. Supp. 1236 · District Court, S.D. West Virginia · Apr 7, 1994

The United States enjoys sovereign immunity from suits for damages at common law. The Federal Tort Claims Act is a limited statutory waiver of this sovereign immunity. … is clearly shown.

Owens v. The City Of Pennsboro

District Court, N.D. West Virginia · Feb 9, 2021

An official is not entitled to qualified immunity, however, if his acts are “in violation of clearly established statutory or constitutional rights or laws of which a reasonable person would … violation occurred and (2) whether the right violated was clearly established.”

Johnson v. C.J. Mahan Construction Co.

210 W. Va. 438 · West Virginia Supreme Court · Dec 12, 2001

Mahan without investigating the company’s past safety record; granting or accepting Mahan’s project bid solely on the basis that it was the lowest bidder; failing to follow the customary private industry practice of pre-qualifying … Guided by this remedial purpose and our established legal principles of narrowly construing exclusionary provisions of insurance policies and of favoring local government liability over immunity, we concluded in Russell that

Lowe v. Ames

District Court, S.D. West Virginia · Jun 28, 2024

Second, defendants argue that they are entitled to qualified immunity in this matter solely because plaintiff does not have a clearly established constitutional right “to be housed … When a government official is sued in their individual capacity, they are shielded by qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional

Ables v. Mooney

164 W. Va. 19 · West Virginia Supreme Court · Oct 9, 1979

It is well established that reliance interests weigh heavily in the shaping of an appropriate equitable remedy. … We are not concerned with tort immunity, see Tort s—Govern mental Immunity in West Virginia —Long Live the King?, 76 W.Va. L.

Insco v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · May 28, 2020

The Right Allegedly Violated As explained above, qualified immunity can be overcome only by clearly established law governing the specific facts at hand. See Mullenix v. … Here, Plaintiff frames the qualified immunity question in broad terms, asking whether it is clearly established that denying treatment for a serious medical condition violates the Eighth Amendment.

Smith v. Monsanto Co.

822 F. Supp. 327 · District Court, S.D. West Virginia · Sep 29, 1992

went beyond the confines of the employer-employee relationship and established a relationship akin to that of physician-patient. … Michaels' affidavit "will likely be inadmissible at trial,” on the basis that his background in epidemiology and sociomedical sciences are allegedly insufficient to qualify him to render an opinion regarding industry-wide

State of West Virginia ex rel. March-Weston Comapny, Inc. v. The Honorable Phillip D. Gaujot, Judge of the Circuit Court of Monongalia County

West Virginia Supreme Court · Mar 21, 2022

Code § 55-7-13d(a)(5), and repeats that “[n]othing in this section alters, in any way, the immunity of any person as established by statute or common law[,]” W. Va. Code § 55-7-13d(g). … Clearly, West Virginia workers’ compensation law provides that Mr.

Brian Cunningham, in his capacity as Director of the Public Employees Insurance Agency, and Mark D. Scott, Geoff S. Christian, Amanda D. Meadows, Jared Robertson, Damita Johnson, Jason Myers, Michael Cook, William Milam, and Michael T. Smith, in their capacities as Members of the Public Employees Insurance Agency Finance Board v. Air Evac EMS, Inc.

Intermediate Court of Appeals of West Virginia · Jun 13, 2024

We consider the circuit court’s order to be an appealable order on the issue of sovereign immunity: “[A] circuit court's denial of a motion to dismiss that is predicated on qualified immunity … Forsyth, 472 U.S. 511, 525 (1985)).11 With our jurisdiction to review the circuit court’s order established, we proceed to consider the principles of our sovereign immunity jurisprudence. A.