Case law

Knouse v. Primecare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Jan 17, 2019

The defendants assert that they are entitled to qualified immunity and that the § 1983 claim therefore should be dismissed. … Officers are entitled to qualified immunity under 42 U.S.C. § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was “clearly established at the time.”

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.

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.

Greene v. C. J. Eastridge

District Court, S.D. West Virginia · Nov 10, 2022

However, qualified immunity does not extend to instances where a defendant has violated a constitutional right that was clearly established at the time of the challenged conduct. Mays v. … Because the alleged fabrication of evidence violated a statutory or constitutional right that was clearly established at the time of allegedly oppressive conduct, Defendant Eastridge is not entitled to qualified immunity

Woods v. Jefferds Corp.

241 W. Va. 312 · West Virginia Supreme Court · Feb 28, 2019

Woods's assignments of error to the circuit court's summary judgment order are not clearly stated, but they appear to present a challenge with two facets. 4 First, Mr. … However, when confronted with the physician's report that he could not safely do tasks essential to the job, the record clearly establishes that Mr. Woods did not request or identify necessary additional accommodations.

Cooper v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Oct 18, 2022

Va. 2015) ("A public officer is entitled to qualified immunity for discretionary acts even if committed negligently."). … P. 12(b)(6), the Court need not and does not reach the question of whether the Defendants are entitled to qualified immunity on these claims. 1

Smith v. Clark, Jr.

District Court, N.D. West Virginia · Apr 4, 2024

The doctrine of qualified immunity protects even those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the action … Even if the use of a taser was not reasonable, Defendants argue that they are entitled to qualified immunity because there was no clearly established law at the time prohibiting the use

Delli-Veneri v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Mar 30, 2021

Defendants argue they are entitled to qualified or official immunity. … not to define clearly established law at a high level of generality.” , 563 U.S. at 742.

Collins v. Martin

District Court, N.D. West Virginia · May 29, 2020

Qualified immunity is an affirmative defense to § 1983 liability. … Therefore, government officials are entitled to qualified immunity under § 1983 unless “(1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at

Boyes v. Simmons

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

Because this right is clearly established, the PF&R recommends that this Court find that Defendants are not entitled to qualified immunity. (Id. at 32.) … 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 a reasonable person would

Gilman v. Choi

185 W. Va. 177 · West Virginia Supreme Court · Jan 25, 1991

point ordinarily will not be disturbed unless it clearly appears that its discretion has been abused. … Chatterton, 281 Minn. 129 , 160 N.W.2d 662 (1968) (trial court was clearly within its discretion in excluding testimony of plaintiffs medical expert against defendant orthopedic surgeon; although he was chief of medical staff

Deavers v. Martin

District Court, S.D. West Virginia · Sep 19, 2022

section that Martin is not entitled to qualified immunity.” … “The doctrine of 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 a reasonable

Bygum v. The City of Montgomery

District Court, S.D. West Virginia · Sep 30, 2021

Qualified immunity “protects from liability officers who commit constitutional violations, but whose conduct does not violate clearly established statutory or constitutional … Prong two -- Whether Young’s Fourth Amendment right was clearly established “A right is ‘clearly established’ if it would be clear to a reasonable officer

Workman v. United State

232 F. Supp. 3d 910 · District Court, S.D. West Virginia · Feb 3, 2017

The Court finds that they were and the Government is entitled to immunity. … Moreover, decisions concerning “language, color, and size of the warning ... are clearly within the discretion of the [government]” Jurzec v. Am. Motors Corp., 856 F.2d 1116 , 1119 (8th Cir. 1988).

Smith v. Clark, Jr.

District Court, N.D. West Virginia · Jun 20, 2023

The doctrine of qualified immunity protects even those police officers who could reasonably believe that their actions were lawful, in light of clearly established law at the time of the action … In order to be entitled to qualified immunity, a defendant must either show (1) that no constitutional violation occurred, or (2) that the right violated was not clearly established at

Jason S. Smith v. Apex Pipeline Services

230 W. Va. 620 · West Virginia Supreme Court · Apr 4, 2013

An employer’s immunity is lost, however, when it acts with “deliberate intention” to cause the employee’s injury. W.Va.Code § 23 — 4—2(d)(2); see Sias, 185 W.Va. at 574 , 408 S.E.2d at 326 . … It is axiomatic that, under West Virginia Code § 23-2-6 (2010), qualifying employers are immune "from common-law tort liability for negligently inflicted injuries.” Bias v. Eastern Assoc. Coal.

Braley v. Thompson

District Court, S.D. West Virginia · Oct 11, 2024

Excessive Force The doctrine of qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory … If the answer to either question is no, then the defendant is entitled to qualified immunity.

McClendon v. Tibbs

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

Qualified Immunity Finally, Defendants raise qualified immunity as a defense. … The test for qualified immunity is “(1) whether the facts alleged or shown by the plaintiff make out a violation of a constitutional right, and (2) if so, whether that right was clearly established at the time of the

Young v. Lacy

District Court, S.D. West Virginia · Apr 6, 2020

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Qualified immunity analysis involves two inquiries: (1) whether the plaintiff has established the violation of a constitutional right; and (2) whether that right was clearly established

Sizemore v. Morris

District Court, S.D. West Virginia · Jan 15, 2020

However, qualified immunity also requires an additional step—whether the constitutional violation was clearly established. … ’ qualified immunity defense.