Case law

State v. Bail

88 S.E.2d 634 · West Virginia Supreme Court · Jul 27, 1955

In the Cosner case, supra, the rule was laid down that such facts must be "clearly" established. Therein it was held: "4. … The unwarranted holding of the majority that it does not clearly appear that a qualified jury can not be obtained from persons eligible for jury service in Clay County, which is contrary to the undisputed facts established

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

Brown v. Belt

District Court, S.D. West Virginia · Oct 13, 2017

It is well established that government officials performing discretionary functions — such as Deputy Belt – are entitled to qualified immunity from liability for damages to the extent … right violated was clearly established.”

Whittaker v. Dove

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

In the alternative, the WVDCR also argues that it is entitled to qualified immunity from any state-law negligence claims that are being asserted under Count One. (ECF No. 9 at 6–7.) … Qualified Immunity “It is well-settled that West Virginia law provides for a state agency’s protection through qualified immunity.” W. Virginia Bd. of Educ. v.

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.

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

State Ex Rel. Monk v. Knight

201 W. Va. 535 · West Virginia Supreme Court · Dec 10, 1997

and characterized by an abuse of discretion and was clearly an unwarranted exercise of discretion. … Code § 18A-4-7a provides the criteria the board of education must take into consideration when determining which candidate is the most qualified. The candidate who is most qualified must be chosen to fill the vacancy.

Swanson v. Board of Education

215 W. Va. 587 · West Virginia Supreme Court · Jun 29, 2004

To ensure that the highest qualified individual was selected to fill vacancies in the Putnam County school system, it appears that the Putnam County Board of Education adopted Policy P.1.12, which established hiring selection … This court finds Superintendent Sentelle’s subjective reasoning, as good as it might be, clearly not enough to keep the most qualified applicant out of the position, and, therefore, the ALJ’s ruling is clearly erroneous as

Iacuone v. Pietranton

138 W. Va. 776 · West Virginia Supreme Court · Oct 13, 1953

For the most part, at least, the evidence introduced at the trial on the merits establishes the truth of the facts alleged in the plea. … A sentence for a misdemeanor is not process within the meaning of the immunity rule.” “2. A person serving a sentence for a misdemeanor is not immune to the service of a summons in a civil proceeding.”

Bland v. State

230 W. Va. 263 · West Virginia Supreme Court · Nov 21, 2012

Defendant Board failed to accurately inform or advise plaintiffs of the benefits or years of service requii’ed to qualify for benefits. … We further found that the Bureau was not constitutionally immune from suit to recover overpaid child support arrearages.

Murphy v. North American River Runners, Inc.

186 W. Va. 310 · West Virginia Supreme Court · Dec 12, 1991

This statute establishes such standard of care as a statutory safety standard for the protection of participants in whitewater rafting expeditions. … Va.Code, 20-2- 23 [1987] as follows: "The term ‘commercial whitewater guide,’ as used herein, means any person who is an owner, agent or employee of a commercial whitewater outfitter, and who is qualified and authorized to

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.

Crockett v. Black Wolf C. & C. Co.

75 W. Va. 325 · West Virginia Supreme Court · Dec 15, 1914

Hence, the statute ought not to, and cannot, consistently with the rules of construction, have effect beyond that clearly indicated by its terms. Harrison v. Leach, 4 W. Va. 383 . … That the connection of the wire with the hanger was improper and such as would inevitably throw the trolley pole off the wire is fully established.

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.

Pennington v. Mercer County Commission

District Court, S.D. West Virginia · May 23, 2023

Thus, Williams was entitled to qualified immunity on Stevenson's refusal-to-loosen claim because the law with respect to his Eighth Amendment rights was not clearly established … Ultimately, however, the court found that the officer was entitled to qualified immunity because the right he sought to avail himself of was not clearly established at the time of the

Rhoades v. County Commission of Marion County

District Court, N.D. West Virginia · Feb 18, 2020

Thus, for purposes of qualified immunity analysis, it is clearly established that using deadly force in such a situation is unlawful. … qualified immunity for Forsyth.

Cummings v. City of Wheeling, West Virginia

District Court, N.D. West Virginia · Dec 5, 2019

In support of the motion to dismiss,1 defendants assert that Officer Myers is entitled to qualified immunity under the circumstances alleged. … Thus, this Court will not address these arguments asserted by defendants. 6 their conduct does not violate clearly established

State ex rel. Magun v. Sharp

143 W. Va. 594 · West Virginia Supreme Court · Jun 10, 1958

executed the last mentioned certificate was, on the date thereof, “Assistant Chief of the Consular Ad *596 ministration of the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics, duly commissioned and qualified … has held that when an attorney appears at the bar of a court in a matter being litigated, there is a presumption of his authority to represent his client and, though the presumption may be rebutted, evidence to do so must clearly

Smith v. City of Dunbar, West Virginia

District Court, S.D. West Virginia · Jan 28, 2020

Qualified immunity “shields officials from liability for civil damages when their conduct does not violate clearly established constitutional or other rights that a reasonable officer would have known.” Sims v. … 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

Reed v. EI Du Pont De Nemours and Co.

109 F. Supp. 2d 459 · District Court, S.D. West Virginia · Jan 31, 2000

In enacting the immunity provisions, the legislature intended to create a legislative standard, except as expressly provided in the statute, for the loss of that immunity of a more narrow application and containing more specific … Co., 375 U.S. 253 , 84 S.Ct. 316 , 11 L.Ed.2d 307 (1963) (per curiam) (finding that the “likelihood of misuse by the jury clearly outweighs the value of this evidence”).