Case law

G.M. McCrossin, Inc. v. West Virginia Board of Regents

177 W. Va. 539 · West Virginia Supreme Court · Mar 11, 1987

Protecting the liberty of the individual citizen and limiting the power of government were principle reasons for establishing our system of checks and balances. United Public Workers v. … As this Court has previously recognized, Our Constitution clearly contemplates that every person who is damaged in his person, property, or reputation shall have recourse to the courts to seek the redress of his injuries.

Franklin

District Court, S.D. West Virginia · Jan 7, 2026

Riley, 76 F.4th 259 (4th Cir. 2023), typically, qualified immunity protects government officials who are sued in their individual capacity “‘insofar as their conduct does not violate clearly established statutory … A plaintiff may overcome qualified immunity, however, by showing “(1) that the government official violated a statutory or constitutional right and (2) that right was clearly established at the time of the challenged conduct

Taylor v. City of Dunbar

District Court, S.D. West Virginia · Aug 31, 2021

“A constitutional right is ‘clearly established’ when its contours are sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Cooper v. … established.”3 Id.

Stanton v. Elliott

District Court, N.D. West Virginia · Jan 21, 2021

Qualified immunity serves to protect: government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of whicha reasonable … a showing that a clearly established legal standard was violated.

Williams v. Bob Barker, Inc.

District Court, S.D. West Virginia · Jul 8, 2022

The magistrate judge, however, did not recommend only that qualified immunity bars Williams’ § 1983 claim. … gums, the court is unaware of any authority suggesting that such right is clearly established to defeat qualified immunity.

Iannacone v. Ellison

District Court, S.D. West Virginia · Mar 25, 2025

Officers are entitled to qualified immunity “unless [his] conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … Despite this well settled principle, Defendants assert that Deputy Ellison is entitled to qualified immunity because it is “debatable and thus not clearly established” that “flashing one’s headlights to warn other motorists

Strasburg v. Chief Riggleman, Moorefield Police

District Court, N.D. West Virginia · Mar 21, 2025

immunity. … Qualified immunity “protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Haney v. Town of Rainelle

125 W. Va. 397 · West Virginia Supreme Court · Mar 2, 1943

We are clearly of opinion that this walkway and approaches to the jail entrance did not constitute a “street or sidewalk or alley” within the meaning of the statute mentioned. … The immunity of municipal corporations against liability for injuries resulting from defective governmental instrumentalities or from their negligent use, is indisputably established. Carder v. Clarksburg, 100 W.

State v. M. M.

163 W. Va. 235 · West Virginia Supreme Court · Jun 25, 1979

Whether a witness is qualified to express an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion … The court below clearly abused its discretion in holding the sheriff and the trooper were qualified as experts in the matters regarding which they testified. Moore, Kelly & Reddisch, Inc. v. Shannondale, Inc., 152 W.

Pittsburgh Elevator Co. v. West Virginia Board of Regents

172 W. Va. 743 · West Virginia Supreme Court · Jun 30, 1983

We are aware that when the Legislature has established a corporate entity and provided it with funds to conduct an enterprise for the state, some jurisdictions with constitutional provisions similar to ours have held that … Such a duty to defend on the part of the insurer is clearly contemplated by W.Va.Code § 29-12-5.

Van

District Court, S.D. West Virginia · Aug 21, 2026

Even where an officer acted unreasonably, qualified immunity shields the officer from liability if they did “not violate clearly established . . . constitutional rights of which a reasonable person would have known.” … If a jury concluded this was, in fact, the real basis for the arrest, qualified immunity would not shield Ferguson from liability.

West Virginia Highlands Conservancy, Inc. v. Huffman

588 F. Supp. 2d 678 · District Court, N.D. West Virginia · Jan 14, 2009

Sovereign Immunity According to Huffman, the doctrine of sovereign immunity bars the Highlands Conservancy from suing the WVDEP under the CWA. … The Eleventh Amendment provides the several states with immunity from suits by private individuals in federal court. 3 It is well-established, however, that it does not preclude private individuals from suing state officials

Kline v. United States

202 F. Supp. 849 · District Court, N.D. West Virginia · Mar 12, 1962

of the remainder interest in the Trust to qualified charities. … If he should fail to qualify and act, his place would be taken by the nominee of the life beneficiary.

Miller v. Hall

District Court, S.D. West Virginia · Aug 11, 2020

When performing discretionary functions, government officials are “entitled to qualified immunity from liability for civil damages to the extent that ‘their conduct does not violate clearly established statutory or constitutional … of a federal statutory or constitutional right; and (2) this violation was of a clearly established right of which a reasonable person would have known.”

Northcraft v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Jun 9, 2021

To determine whether a state or its agencies are entitled to qualified immunity, the West Virginia Supreme Court has established a two-part test. … Thus, the Defendants are not entitled to qualified immunity as a matter of law.

Ashbaugh v. Chesapeake & Ohio Railway Co.

72 W. Va. 765 · West Virginia Supreme Court · Sep 30, 1913

The evidence clearly and strongly tending to show definition and establishment of the limits of the right of way was unopposed by any adduced by the plaintiff, as will appear from the statement hereinbefore given. … In so doing, it clearly erred.

Gibson v. Goldston

District Court, S.D. West Virginia · Jul 13, 2022

Bailiff McPeake and Deputy Stump have moved for summary judgment, asserting qualified immunity. [Doc. 63]. a. … First Amendment Claim Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional

Nutter v. Mellinger

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

Defendants violated her clearly established rights and are therefore not entitled to qualified immunity. Defendants’ Motion for Summary Judgment on Plaintiffs Federal Law Count I as it pertains to Ms. … The doctrine of qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Langley v. Dr. Charles Lye

District Court, S.D. West Virginia · Sep 21, 2018

Defendants Ballard and Rubenstein further argue that they are entitled to qualified immunity. … Qualified immunity shields “government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

Alderson v. Kahle

73 W. Va. 690 · West Virginia Supreme Court · Feb 13, 1914

In the declaration and proof are found circumstances indicating the use of the words in a qualified sense. … The modifications were clearly not prejudicial. On the contrary, they wrought a •decided improvement as to both form and substance.