Case law

Wolfe v. Green

257 F.R.D. 109 · District Court, S.D. West Virginia · Apr 2, 2009

The quotation used by Defendant (which is not transcribed accurately) concerns the application of the doctrine of qualified immunity in a civil rights case. … The court held that the officer was not entitled to qualified immunity. Id., at 174 . The court notes that Defendant’s discovery responses fail to comply with the requirements of the Federal Rules of Civil Procedure.

Jones v. Marshall University Board of Governors

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

To establish that she is qualified, Plaintiff must either show that she “could satisfy the essential eligibility requirements of the program” either with or without a “reasonable accommodation.” Id. … This immunity, however, is subject to waiver.

Semple v. City of Moundsville

963 F. Supp. 1416 · District Court, N.D. West Virginia · Apr 28, 1997

DeShaney clearly established that individuals do not have a substantive constitutional interest in receiving protection from the police absent a custodial relationship. … If the right Pinder asserts were ever clearly established, it would entail other significant consequences.

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

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.

William David Haught II v. David Fletcher, individually and as mayor of the Town of Belle, WV, and Town of Belle, WV, a municipal corporation

West Virginia Supreme Court · Mar 8, 2022

Haught responded that Fletcher was not entitled to the defense of qualified privilege because he had acted with a bad motive, that 4 The Town argued that it was immune from Haught’s defamation claim—an … The order from which Haught appeals clearly dismissed his complaint pursuant to Rule 12(b)(6). Fletcher does not suggest otherwise.

McCoy v. Ferguson

District Court, S.D. West Virginia · Aug 13, 2019

not violate clearly established laws of which a reasonable official would have known.” … Plaintiff asserts these actions violated clearly established state laws and, therefore, Defendants Endicott and Hale are not entitled to qualified immunity.

Knouse v. Primecare Medical of West Virginia, Inc.

District Court, S.D. West Virginia · Sep 24, 2018

Officers 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 the time … The court was asked to “define the right at issue” under a qualified immunity analysis: The defendant asked the court to frame the analysis as whether it is “clearly established that a prison medical provider

Jafary v. Ward

District Court, S.D. West Virginia · May 5, 2021

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 … It is clearly established that person may not be arrested without probable cause, just as it is clearly established that an officer may not make false statements to manufacture probable cause.

Robinson v. Miller

District Court, S.D. West Virginia · Jul 27, 2018

In determining whether qualified immunity applies, the Court must look at whether the plaintiff has demonstrated that a depravation of a constitutional right has occurred and whether that right was clearly established at … Accordingly, the Court must resolve the first qualified immunity factor in Plaintiff’s favor. The Court will now turn to whether this right was clearly established. 2.

Lane v. W. Va. State Board of Law Examiners

170 W. Va. 583 · West Virginia Supreme Court · Sep 7, 1982

Thus, jurisdiction to establish standards for admission to the practice of law in West Virginia is vested in this Court. … Clearly we have never interpreted the rule that way.

Knouse v. Primecare Medical of West Virginia, Inc.

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

The defendant argues that he is entitled to qualified immunity and the § 1983 claim against him therefore should be dismissed Officers are entitled to qualified immunity under 42 U.S.C. § 1983 unless ( … State Law Qualified Immunity The court will next examine the plaintiff’s state law claims.

State Ex Rel. United Hospital Center, Inc. v. Bedell

199 W. Va. 316 · West Virginia Supreme Court · Mar 14, 1997

immunity provided by [the rule].’ ”); 8 Wright, Miller & Marcus § 2024 at 346. … "[Although the work product doctrine creates a form of qualified immunity from disclosure, it does not label materials as ’privileged’ and thus outside the scope of discovery under Rule 26(b)(1).” McDougal v.

Launi v. The Hampshire County Prosecuting Attorney's Office

District Court, N.D. West Virginia · Aug 20, 2020

However, courts may address whether the right is clearly established first. See Pearson v. Callahan, 555 U.S. 223 (2009). … “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

Twisdale v. Paulson

595 F. Supp. 2d 686 · District Court, S.D. West Virginia · Jan 23, 2009

Plaintiff engaged in protected activity under Title VII To establish a prima facie case of retaliation, Plaintiff must establish that he engaged in protected activity. … Nor did the Supreme Court in any way qualify its observation in Morton v.

Schippa v. West Virginia Liquor Control Commission

132 W. Va. 51 · West Virginia Supreme Court · Nov 16, 1948

Jur. 301 , it is said: “It is an established principle of jurisprudence in all civilized nations, resting upon grounds of public policy, that the sovereign cannot be sued in its own courts or in any other court without its … Clearly he participated in an illegal transaction with an employee of the Liquor Control Commission.

Kenneda v. United States

815 F. Supp. 926 · District Court, S.D. West Virginia · Mar 11, 1993

In re Swine Flu Immunization Products Liability Litigation, Kenneda v. United States, 880 F.2d 1439 (D.C.Cir.1989). … Olanow is clearly qualified, not only by his education, but also as a result of his experience in diagnosing and treating GuillainBarre Syndrome and polyneuropathies, to give an opinion as to causation in this case, pursuant

Manriquez

District Court, S.D. West Virginia · Mar 26, 2026

Second, the court asks “whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)). … Those factual disputes are material to the court’s analysis of the first prong of qualified immunity.

Boggess v. Housing Authority of City of Charleston

273 F. Supp. 2d 729 · District Court, S.D. West Virginia · Jul 25, 2003

Counts I and II — Qualified Immunity. … Thus, the court will consider the individual Commissioner defendants’ qualified immunity argument only as it relates to Count II.

King

District Court, N.D. West Virginia · Feb 10, 2026

This distinction is crucial, as Defendant Yoder raises the issue of qualified immunity as a defense. … The doctrine of qualified immunity shields officials from civil liability as long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”