Case law

Ash v. Greenwood

District Court, S.D. West Virginia · Aug 30, 2018

Qualified immunity “shields government officials from liability for civil damages provided their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable person … Because Ash’s Complaint fails to state a plausible violation of any clearly established constitutional right, I FIND that all of the defendants are entitled to qualified immunity on Ash’s claims against

Hamilton v. Hill

District Court, S.D. West Virginia · Jun 25, 2020

Barring a showing by Plaintiff that WVDOCR violated a “clearly established right or law” with respect to hiring or retention, Defendant WVDOCR is entitled to qualified immunity on claims involving these discretionary … WVDOCR violated a clearly established law in its negligent hiring and retention.

White v. Haines

217 W. Va. 414 · West Virginia Supreme Court · Jul 7, 2005

Moreover, the named respondents have raised a defense of qualified immunity which is a somewhat nebulous and complex legal theory for even the best litigator to advance or respond to, much less someone who has not been formally … immunity to Mr.

Dillon v. Bd. of Educ. of County of Wyoming

177 W. Va. 145 · West Virginia Supreme Court · Nov 20, 1986

By the same token, the statute clearly contemplates that if one candidate for a teaching position is clearly more qualified, the seniority of another applicant will not be sufficient to justify denying the position to the … In such circumstances, the statute, in effect, establishes a presumption that the applicant with the most seniority is more qualified.

Kroll v. Sheppard

District Court, N.D. West Virginia · Jul 25, 2024

The Defendants argue Defendant Sheppard is entitled to qualified immunity as to all claims because the “Plaintiff has failed to identify any particularized, clearly established law that [Defendant Sheppard] violated[.]” … Indeed, the Plaintiff’s argument against qualified immunity cites no case law at all. See ECF No. 10 at 16–18.

Gingold v. West Virginia University, Board of Governors

District Court, N.D. West Virginia · Sep 20, 2024

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 … In order to be entitled to qualified immunity, a defendant must either show (1) that no constitutional or statutory violation occurred, or (2) that the right violated was not clearly established

Logan v. Coakley

District Court, N.D. West Virginia · Jun 8, 2020

immunity. … The Supreme Court holds that government officials, including prison officials, are entitled to qualified immunity when performing discretionary functions, as long as “their conduct does not violate clearly established

Jenkins v. Kinser

District Court, N.D. West Virginia · Sep 15, 2021

In the alternative, they aver that they are entitled to qualified immunity because the Plaintiff fails to state a claim of violation of clearly established law. … Therefore, “[u]nless a plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Pride, Inc. v. State ex rel. State Human Rights Commission

176 W. Va. 565 · West Virginia Supreme Court · Jul 11, 1986

clearly wrong in view of the reliable, probative and substantial evidence on the whole record. … Therefore, the Commission was clearly wrong in determining that a prima facie case of discrimination prior to November 3, 1975, was established.

Shelton v. Crookshank

District Court, N.D. West Virginia · Jan 24, 2018

Qualified immunity is intended to “protect 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 … In this case, it is unclear what clearly established right the aforementioned Defendants violated.

C.C. and J.C., as next friends of the minor child M.C. v. Harrison County Board of Education

West Virginia Supreme Court · Jun 17, 2021

has violated a clearly established statutory or 6 constitutional right.” … [t]o prove that a clearly established right has been infringed upon, a plaintiff must do more than allege that an abstract right has been violated.

Mellon-Stuart Co. v. Hall

178 W. Va. 291 · West Virginia Supreme Court · Jun 18, 1987

Though the court of claims is not a judicial body, it clearly operates in a judicial capacity. Its judges are lawyers, who serve as neutral and detached decision-makers. … The act establishing the court provides for a specialized forum, akin to a court, which is empowered to formally and conclusively adjudicate claims against the sovereign.

Dreama Bowden, Administratrix v. Monroe Co. Commission

239 W. Va. 214 · West Virginia Supreme Court · May 18, 2017

Bowden had failed to produce facts sufficient to establish the special relationship exception. … Va. 592, 597, 383 S.E.2d 774, 779 (1989) (observing that “‘and’ is a conjunctive, and the use of ‘and’ here clearly makes both conditions necessary, not merely either of the two.”). 9 Specifically

Hayes v. Town of Cedar Grove

128 W. Va. 590 · West Virginia Supreme Court · Mar 12, 1946

Clearly, we think the statute creates a cause of action which did not theretofore exist. … If there had been no immunity from the action of negligence against the Town of Cedar Grove, the plaintiff would still have been required to establish, by a preponderance of the evidence, some negligent act on the part of

Hager v. Jividen

District Court, S.D. West Virginia · Apr 1, 2025

However, immunity does not attach to discretionary actions or omissions if made “in violation of a clearly established statutory or constitutional rights or laws of which a reasonable person would have known, or [which] … First, “[a] litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.”

Brown v. Santiago

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

Qualified immunity is “an immunity from suit rather than a mere defense to liability.” , 472 U.S. 511, 526 (1985). … If the answer to either question is no, then the Defendants are entitled to qualified immunity.

Buzzard v. Iotov

District Court, S.D. West Virginia · Sep 10, 2018

“To overcome the qualified immunity defense at the summary judgment stage, the plaintiff must have shown facts that make out a violation of a constitutional right, and the right at issue must have been ‘clearly established … Defendant is thus not entitled to qualified immunity at this stage. C.

Brown v. Jividen

District Court, S.D. West Virginia · Mar 31, 2025

However, immunity does not attach to discretionary actions or omissions if made “in violation of a clearly established statutory or constitutional rights or laws of which a reasonable person would have known, or [which] … First, “[a] litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.”

Isner v. City of Elkins

District Court, N.D. West Virginia · May 31, 2022

Qualified immunity can be afforded to government officials for discretionary acts taken in their official capacity. … was clearly established at the time of the violation[.]”

Duty v. Walker

180 W. Va. 149 · West Virginia Supreme Court · Nov 28, 1988

There are a number of facts, however, which lead us to conclude that the evidence here was insufficient to establish deliberate intent on the part of the employer. … Accordingly, the appellants were entitled to rely on the statutory immunity against liability for negligent injury.