Case law

Benjamin R. v. Orkin Exterminating Co.

182 W. Va. 615 · West Virginia Supreme Court · Mar 9, 1990

Accordingly, from a purely scientific perspective, persons with HIV infection are clearly impaired. They are not comparable to an immune carrier of a contagious disease such as Hepatitis B. … Rptr. 197, 201 (1989) (HIV disease is a progressive immune system disease, and AIDS is end stage of this gradual immune system deterioration); Cronan v. New England Telephone Co., 41 Fair Empl.

Tolliver v. City of Dunbar

District Court, S.D. West Virginia · Nov 1, 2021

Qualified Immunity Government officials performing discretionary functions are entitled to qualified immunity from liability for civil damages to the extent that “their … Clearly Established “To prove that a clearly established right has been infringed upon, a plaintiff . . . must make a ‘particularized showing’ that a ‘reasonable official

Chester v. Crocker

District Court, S.D. West Virginia · Mar 21, 2023

Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person … Because Plaintiff’s complaint fails to state a plausible violation of any clearly established constitutional right by these Defendants, I FIND that they are each entitled to qualified immunity on Plaintiff’s claims against

CSX Transportation, Inc. v. Board of Public Works

997 F. Supp. 749 · District Court, S.D. West Virginia · Feb 25, 1997

Although by its terms the Amendment applies only to suits brought against a state by ‘Citizens of another State,’ it is well established that an unconsenting State is immune from suits brought in federal courts by her own … While Plaintiffs disagree, school funding is clearly a joint effort of the county boards of education and the State. W.Va.Code § 18-9A-1.

Hanson v. Goodman

District Court, N.D. West Virginia · Mar 19, 2025

Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … In order to be entitled to qualified immunity, a defendant must either show (1) that no constitutional or statutory violation occurred, or (2) that the right violated was not clearly established

Addington v. Blake

District Court, S.D. West Virginia · Mar 20, 2019

a clearly established 4 law or constitutional duty.” … Therefore, in determining whether qualified immunity applies, the principal inquiry is whether a public official’s conduct “violate[s] clearly established laws of which a reasonable official would have known” or is “fraudulent

Bell v. Vecellio & Grogan, Inc.

191 W. Va. 577 · West Virginia Supreme Court · Jul 11, 1994

The appellant sought to establish the appellee’s “deliberate intention” under W. Va. … Where manufacturer’s specifications are not available, the limitations assigned to the equipment shall be based on the determinations of a qualified engineer competent in this field and such determinations will be appropriately

Owens v. The City Of Pennsboro

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

qualified immunity analysis. … The qualified immunity analysis therefore entails two determinations: (1) whether the plaintiffs’ rights were violated; and (2) whether those rights were clearly established.

Graening v. Wexford Health Sources, Inc.

District Court, S.D. West Virginia · Mar 15, 2021

Morgan is entitled to qualified immunity because the right – to receive medical treatment for a serious medical condition – “has been clearly established for decades.” … clearly established.

McCoy v. Ferguson

District Court, S.D. West Virginia · Aug 3, 2022

In addition, the Court found qualified immunity applied. … Moreover, in any event, the Court finds Endicott and Hale are entitled to qualified immunity.

Murray v. Rubenstein

District Court, S.D. West Virginia · Oct 26, 2017

Count One: Qualified Immunity Next, the defendants argue that the plaintiff’s Section 1983 claims are barred by the doctrine of qualified immunity. … 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

Klug v. Marshall University Board of Governors

District Court, S.D. West Virginia · Mar 27, 2019

violate clearly established laws of which a reasonable official would have known.”). … Therefore, Plaintiff argues qualified immunity does not protect Defendant Mozaffari because his actions violated clearly established statutory and constitutional rights. Upon review, the Court agrees with Plaintiff.

Cahill v. Mercer County Board of Education

195 W. Va. 453 · West Virginia Supreme Court · Dec 13, 1995

Viars ranked the Appellees as the three most qualified candidates. The ALJ permitted Dr. … the positions were ■ the most qualified candidates.

Sulesky v. United States

545 F. Supp. 426 · District Court, S.D. West Virginia · Aug 12, 1982

The Plaintiff, Kathryn Sulesky, received the swine flu immunization shot on October 22, 1976. 2. … Robert Waldman were qualified to testify upon the issue of the causal relationship between the swine flu shot and Mrs. Sulesky’s GBS. 5. The swine flu shot which was administered to Mrs.

Roman Realty, LLC v. The City of Morgantown

West Virginia Supreme Court · Jun 11, 2024

However, during oral argument, counsel for Respondent represented to this Court that “there is not a blanket immunity against the City of Morgantown,” apparently referencing the statutory immunities contained in the Tort … Va. at 353, 56 S.E.2d at 98. 6 The majority states that it will not venture into immunities law because the City of Morgantown did not raise an immunity defense.

Hallman-Warner v. Bluefield State College Board of Directors

District Court, S.D. West Virginia · Mar 31, 2025

“The doctrine of qualified immunity shields [law enforcement] officers from civil liability so long as their conduct does not violate clearly established statutory or … Forsyth, 472 U.S. 511, 526 (1985) (“Unless the plaintiff's allegations state a claim of violation of clearly- established law, a defendant pleading qualified immunity is entitled to

Kimberly Landis and Alva Nelson v. Hearthmark, LLC

West Virginia Supreme Court · Oct 17, 2013

While a defendant has a right of contribution against a joint tortfeasor, Unipunch and Zando clearly establish that the right “is derivative in the sense that it may be brought by a joint tortfeasor on any theory of liability … We find that the parental immunity doctrine does not preclude the defendants from asserting the defense of abnormal product use by A.N.’s parents to establish their negligence or fault.

Eisnaugle v. Booth

159 W. Va. 779 · West Virginia Supreme Court · Jul 1, 1976

established by W.Va.Code, 23-2-6a, as amended, attaches and defeats the plaintiff's cause of action. … of which "intent," "malice," and other elements of criminal conduct are frequently established.

State v. Riddle

168 W. Va. 429 · West Virginia Supreme Court · Dec 11, 1981

In Yoder, supra, the free exercise claim was compelling on the facts because of the long-established success of Amish culture. … Code, 16-3-4 [1973] (compulsory immunization); W.Va. Code, 18-5-37 [1981] (school breakfast program); W.Va. Code, 49-6A-2 [1977] (mandatory reporting of suspected abuse).

Tucker v. United States

143 F. Supp. 2d 619 · District Court, S.D. West Virginia · Apr 6, 2001

As in University of Pa., the courts in those cases were persuaded by the fact that in enacting the Health Care Quality Improvement Act of 1986 (“HCQIA”), 42 U.S.C. § 11101 et seq., which provided qualified immunity for persons … Marin General Hosp., 138 F.R.D. 691, 694 (N.D.Cal.1991) (emphasis added), stated: the passage of a statute specifically addressing peer review issues and, indeed, the giving of qualified immunity to peer reviewers, is strong