Case law

Estate of Robinson v. Randolph County Commission

209 W. Va. 505 · West Virginia Supreme Court · Jul 12, 2001

established fiduciary duties as decedent's lawyer (including those of fidelity and good faith). … Clearly, Plaintiffs should have a reasonable opportunity to pursue their claims as pled or provable.

Morgan v. Logan County Commission

District Court, S.D. West Virginia · Apr 18, 2019

(ECF No. 9 at 4.)1 “Qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … “In order for a plaintiff to overcome an official’s qualified immunity defense, the plaintiff must demonstrate (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Neal v. Western Regional Jail

District Court, S.D. West Virginia · Apr 3, 2025

Government officials performing discretionary functions may be protected from monetary damages under the doctrine of qualified immunity when “their conduct does not violate clearly established statutory or constitutional … the right asserted was clearly established at the time of the alleged violation.

Chafin v. Gibson

213 W. Va. 167 · West Virginia Supreme Court · Feb 27, 2003

The lower court also found that the Appellee had a qualified privilege to provide information to the press. The Appellants have appealed to this Court. II. … The issue of whether the Appellee’s statements were properly within the scope of those policies, however, is primarily relevant only to the issue of whether the Appellee enjoys qualified immunity.

Hood v. West Virginia Department of Health and Human Resources

District Court, S.D. West Virginia · Feb 13, 2023

But at this juncture, I find that Plaintiffs, on behalf of J.H., state a viable claim of conspiracy to violate clearly established law. … Moreover, qualified immunity is available only to officials whose “conduct did not violate clearly established laws of which a reasonable official would have known.” , 483 S.E.2d at 520 (quoting Syl. pt. 1,

Aaron S. Fitzpatrick v. Cabell County Commission

West Virginia Supreme Court · Nov 22, 2013

According to the complaint, Respondent Wayne County Commission and Respondent Cabell County Commission had entered into an agreement to establish the day report center. … Fairmont City Police Department, 186 W.Va. 336, 412 S.E.2d 737 (1991), that “the general rule of construction . . . favor[s] liability, not immunity: unless the legislature has clearly provided for immunity under the circumstances

Carder v. Tinney

District Court, N.D. West Virginia · Aug 10, 2017

, individual officials performing discretionary functions are immune from liability for civil damages insofar as their conduct does not violate “clearly established statutory or constitutional … The doctrine of qualified immunity “protects officers who commit constitutional violations but who, in light of clearly established law, could reasonably believe that their actions were lawful

Sanger v. Dodrill

District Court, S.D. West Virginia · Jun 5, 2023

In addition, the Plaintiff argues that Defendants Dodrill and Hogan are not entitled to qualified immunity because their actions were not reasonable and the rights at issue were clearly established. A. … Even if the Plaintiff could specify a clearly established constitutional right at issue, qualified immunity would protect their “reasonable but mistaken judgment” about how best to assist Mr.

Dial v. Higginbotham

District Court, S.D. West Virginia · Mar 9, 2023

Qualified Immunity Initially, the Court notes that qualified immunity only applies to individual defendants and is inapplicable to Plaintiff’s claims against the Milton Police … , whether that right was clearly established at the time of the alleged violation.”

State Ex Rel. Cashman v. Sims

130 W. Va. 430 · West Virginia Supreme Court · Jul 11, 1947

stated or established in this jurisdiction. … By reason of his training and his experience as a medical practitioner, he was especially qualified to comprehend fully the hazard which attended his work.

Thomas v. Rector

23 W. Va. 26 · West Virginia Supreme Court · Dec 1, 1883

The executor named failed to qualify, and T. W. Harrison qualified as administrator with the will annexed. … But admitting, as has been contended, that the facts set forth in the answer are not to be taken into consideration, and that we are to look only upon the will in giving a construction to it, there is no rule better established

Knox v. Laclede Steel Co.

861 F. Supp. 519 · District Court, N.D. West Virginia · Aug 11, 1994

This Court also finds persuasive language in the deliberate intention statute which provides: that the immunity established in [§§ 23-2-6 and 23-2-6a], is an essential aspect of this workers’ compensation system; that the … This statement establishes that the immunity provisions of the workers’ compensation statute are an essential aspect of the workers’ compensation scheme.

Miller v. Rubenstein

District Court, S.D. West Virginia · Jan 31, 2018

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 … entitled to qualified immunity for the plaintiff’s § 1983 claim.

Blake v. John Skidmore Truck Stop, Inc.

201 W. Va. 126 · West Virginia Supreme Court · Jul 17, 1997

even though the injury or death of an employee may be caused by his own fault or the fault of a co-employee; that the immunity established in sections six and six-a [§§ 23-2-6 and 23-2-6a], article two of this chapter, is … Clearly, the common law doctrine of deliberate intention was abrogated by statute under the Workers’ Compensation Act. See Syl.

Burkey v. Marshall County Board of Education

513 F. Supp. 1084 · District Court, N.D. West Virginia · May 20, 1981

Members and former members of a board of education in West Virginia and supervising officials employed by the board are entitled to raise the defense of qualified good faith immunity against a § 1983 action for discretionary … Members and former members of the Marshall County Board of Education and supervising officials employed by the Board are entitled to raise the defense of qualified immunity from personal monetary liability as individuals.

Smith v. The City of Pennsboro

District Court, N.D. West Virginia · Apr 22, 2022

“The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that … The qualified immunity analysis therefore entails two determinations: (1) whether the plaintiff’s rights were violated; and (2) whether those rights were clearly established.

Wilson v. Bernet

218 W. Va. 628 · West Virginia Supreme Court · Nov 18, 2005

See also Davis, 211 W.Va. at 276 , 565 S.E.2d at 398 (Starcher, J., concurring) (“The majority opinion clearly acknowledges that there is not a cause of action for suing an opposing party's expert witness in West Virginia … or maintain a parental or custodial relationship with the minor child {i.e., mistake as to identity of child’s biological parents where paternity has not yet been formally established).

Hughes v. White

District Court, S.D. West Virginia · Dec 29, 2020

DISCUSSION The Defendant argues that it is entitled to qualified immunity because it has not violated any of the Plaintiff’s clearly established rights or acted in a way that was fraudulent … Qualified Immunity and Vicarious Liability To determine whether a state or its agencies are entitled to qualified immunity, the West Virginia Supreme Court has established a two-part test.

State v. Beard

203 W. Va. 325 · West Virginia Supreme Court · Jul 15, 1998

Hampton, 775 F.2d 1479 (11th Cir.1985), is to establish certain precautions to insulate those individuals apprised of the immunized testimony: Unless the government relies solely upon evidence obtained prior to the immunized … Thus, the police had clearly spoken to Ms. Cook before her name was ever provided by Defendant. .

Insco v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Sep 7, 2021

“The doctrine of qualified immunity shields government officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have … This Court examined these circumstances in its earlier order in this case and found that another defendant, Moore, is entitled to qualified immunity due to the absence of a “clearly established” right of Plaintiff to be