Case law

Marcum v. Bailey

District Court, S.D. West Virginia · Dec 23, 2020

The Defendant also argues that it is entitled to qualified immunity from state law claims because no clearly established statutory or constitutional rights were violated. … The Plaintiff argues that the Defendant is not entitled to qualified immunity because the actions clearly violated his constitutional rights and Defendant Bailey would have known that his conduct was a violation of the

Black v. Cummings

District Court, S.D. West Virginia · Oct 17, 2023

Taken together, Mitchell and Johnson establish a “continuum along which the court makes qualified immunity decisions.” Thompson v. Farmer, 945 F. Supp. 109, 114 (W.D.N.C. 1996). … This legal question is at the heart of qualified immunity. See id. The Court stands by its conclusion the constitutional rights at issue here were clearly established by 2007. See Black, 2023 WL 6444893, at *3 n.3.

Mayles v. Shoney's, Inc.

185 W. Va. 88 · West Virginia Supreme Court · Dec 20, 1990

He testified that the violations found by appellee’s expert pertained to corrosive materials and it was his opinion that hot grease did not qualify as a corrosive material under the OSHA regulations; 8 that protective gear … Clearly there was sufficient evidence presented from which the jury could conclude that the employee was following the procedure utilized in the restaurant to dispose of the grease, that his injuries were serious and that

Sayre v. Stevens Excavating Co.

163 W. Va. 324 · West Virginia Supreme Court · Jul 3, 1979

The jury verdict did not establish the location of the 2.38 acre tract, merely the ownership thereof. As heretofore indicated, ownership of the property alone does not establish the right of *330 recovery. … The right of way map furnished the contractor clearly indicated a rock formation on the alleged state right of way.

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.

The West Virginia State Police, Department of Military Affairs v. J.H., a Minor, by and through His Parent and Next Friend, L.D.

West Virginia Supreme Court · Mar 29, 2021

In this regard, it is well established in this Court’s precedents that “[a]circuit court’s denial of a motion to dismiss that is predicated on qualified immunity is an interlocutory ruling which is subject to immediate … Although I acknowledge that “[a]n assertion of qualified . . . immunity should be heard and resolved prior to any trial because, if the claim of immunity is proper and valid, the very thing from which the defendant is immune

Medley v. Hawk-Sawyer

133 F. Supp. 2d 883 · District Court, N.D. West Virginia · Feb 14, 2001

She asserts that none of these four defendants are entitled to qualified immunity and that they acted wantonly, willfully and maliciously. (b) Neglect to prevent conspiracy, pursuant to B2 U.S.C. § 1986. … Her responsibilities were further eroded over the next eighteen months until her position was eliminated and she was assigned to work for a less qualified employee.

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Sep 26, 2018

Qualified immunity is “an immunity from suit rather than a mere defense to liability.” , 472 U.S. 511, 526 (1985). … 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

Vaughan v. Greater Huntington Park & Recreation District

223 W. Va. 583 · West Virginia Supreme Court · May 1, 2009

The Barge Line Companies alleged that the mitigation agreement established their immunity from liability pursuant to the Recreational Use Statute. … Likewise, the order granting partial summary judgment in this instance clearly does not represent a final judgment.

Evans v. CDX SERVICES, LLC

528 F. Supp. 2d 599 · District Court, S.D. West Virginia · Jan 4, 2007

To show that a nondiverse defendant has been fraudulently joined “the removing party must establish either: [t]hat there is no possibility that the plaintiff would be able to establish a cause of action against the in-state … statute according to the legislative intent therein clearly expressed.”

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Jan 22, 2018

do not violate a clearly established law or constitutional duty.” , 796 S.E.2d 193, 198 (W. … Under the doctrine of federal 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

Quinn v. Zerkle

District Court, S.D. West Virginia · Oct 26, 2022

Even if their actions did violate the Plaintiffs’ Fourth Amendment rights, they contend that such rights were not clearly established, and they are entitled to qualified immunity. … They further argue that they are entitled to qualified immunity, given the lack of clearly established law demonstrating that entry based on either consent or hot pursuit would constitute a constitutional violation under

Spangler v. Fisher

152 W. Va. 141 · West Virginia Supreme Court · Mar 19, 1968

E. 2d 205 ), the Court held that the immunity granted to an employee by Section 6a “clearly refers to the immunity of the employer under the workmen’s compensation laws. * * *” Counsel for the respective parties do not disagree … Haynes, one of counsel for the defendant, which affidavit, as supplemented by copies of various papers and records from the office of the state compensation commissioner, established the fact that workmen’s compensation benefits

Yates v. Civil Service Commission

154 W. Va. 696 · West Virginia Supreme Court · Feb 2, 1971

If the employee does not appeal he may have been dismissed without cause, clearly contrary to law. … Such dismissal, therefore, was clearly illegal.

Toon v. Zerkle

District Court, S.D. West Virginia · Oct 26, 2022

Even if their actions did violate the Plaintiffs’ Fourth Amendment rights, they contend that such rights were not clearly established, and they are entitled to qualified immunity. … They further argue that they are entitled to qualified immunity, given the lack of clearly established law demonstrating that entry based on either consent or hot pursuit would constitute a constitutional violation under

Braxton v. City of Buckhannon

District Court, N.D. West Virginia · Apr 29, 2021

Qualified immunity operates as a civil liability shield for “government officials . . . performing discretionary functions . . . insofar as their conduct does not violate clearly established statutory or constitutional … The qualified immunity defense is burden-shifting, in that once it is asserted, it then falls to a claimant to show that the conduct complained of (1) violated the law, and (2) the law that was violated was clearly established

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.

Nabors v. Tincher

District Court, S.D. West Virginia · Dec 1, 2023

Qualified immunity is available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … Nabors’ favor, combined with those case law factors unfavorable to Trooper Tincher, along with the existence of a clearly established right prohibiting the force here used, qualified immunity is inappropriate.

Ali v. Raleigh County

District Court, S.D. West Virginia · Aug 28, 2018

He asserts a general qualified immunity to all the Plaintiff’s claims and a qualified immunity from the Plaintiff’s negligence claims in particular. … The requirement that law enforcement officers have probable cause before making an arrest is a clearly established right.

Funkhouser v. Brotherton

124 W. Va. 713 · West Virginia Supreme Court · Oct 6, 1942

We think also that the evidence, both documentary and parol, shows clearly that he qualified as such, and, for at least part of the time, actually performed the duties of such clerk. … We are of opinion that this showing clearly establishes that Mulligan Chappell was legally chosen and qualified, and that he did act as Republican receiving clerk at this precinct.