Case law

West Virginia Department of Environmental Protection v. Drema Dotson

West Virginia Supreme Court · Mar 16, 2021

The circuit court stated that “[i]f Plaintiffs can prove their case, the WV DEP’s enforcement actions violated clearly established law and qualified immunity would not apply. … immunity pursuant to our well-established law.

Gant v. United States Probation Office

994 F. Supp. 729 · District Court, S.D. West Virginia · Feb 13, 1998

In contrast to absolute immunity, qualified immunity shields a government official from liability for civil monetary damages if the official’s conduct does not violate clearly established statutory or constitutional rights … First, the court finds that Gant has failed to allege the violation of a clearly" established right.

Coleman v. Sopher

201 W. Va. 588 · West Virginia Supreme Court · Dec 18, 1997

for determining qualified immunity in syllabus point 3 of Clark v. … [the West Virginia Governmental Tort Claims and Insurance Reform Act], 7 is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate *596 clearly established laws of

Pennington v. Teufel

396 F. Supp. 2d 715 · District Court, N.D. West Virginia · Aug 26, 2005

Because Plaintiffs have not alleged and cannot show that any of these Defendants violated any clearly established federal law, the Court agrees that the individual Defendants are entitled to qualified immunity. … of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery’ ”) (quoting Mitchell v.

Selwyn Vanderpool v. West Virginia DHHR

West Virginia Supreme Court · May 26, 2020

In Crouch, the Court examined whether internal DHHR policy violations rose to the level of being violations of a clearly established right. … Stanley is entitled to qualified immunity based on W. Va.

Finley v. Trent

955 F. Supp. 642 · District Court, N.D. West Virginia · Feb 28, 1997

The Court finds that the right to prompt medical attention for a serious medical need was clearly established in 1994. … Summary judgment based upon qualified immunity is inappropriate “where what actually happened ... need[s] to be resolved by the trier of fact in order to reach a decision on the applicability of qualified immunity.”

STATE EX REL. W. VA. DHHR v. Kaufman

506 S.E.2d 93 · West Virginia Supreme Court · Jul 10, 1998

from suit based upon (1) statutory immunity; (2) quasi-judicial immunity; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty … ; (3) common-law doctrine of qualified immunity and no violation of a clearly established right; and (4) absence of duty based upon the public duty doctrine.

WVDHHR v. Virginia Prince

West Virginia Supreme Court · Mar 21, 2019

In the proceedings below and on appeal, the Guardians assert that the DHHR Petitioners are precluded from relying on qualified immunity protections because the DHHR Petitioners violated a clearly established right. … established constitutional or statutory right, and no basis for piercing the DHHR Petitioners’ qualified immunity exists.

WVDHHR v. V.P.

West Virginia Supreme Court · Mar 21, 2019

In the proceedings below and on appeal, the Guardians assert that the DHHR Petitioners are precluded from relying on qualified immunity protections because the DHHR Petitioners violated a clearly established right. … established constitutional or statutory right, and no basis for piercing the DHHR Petitioners’ qualified immunity exists.

Kelley v. CITY OF WILLIAMSON, WEST VIRGINIA

221 W. Va. 506 · West Virginia Supreme Court · Nov 21, 2007

In Baker , the court recognized that “[although qualified immunity is ‘in part an entitlement not to be forced to litigate,’ when the law is clearly established, immunity from trial is appropriate only when the plaintiff … has not demonstrated any genuine issues of material fact which must be resolved to determine whether the defendant’s actions were reasonable under clearly established law.”

Diane Sigismondi Judy v. Eastern West Virginia Community and Technical College

West Virginia Supreme Court · Apr 25, 2022

As discussed herein, Petitioner pled facts demonstrating a violation of this clearly established law, so, per Marple, Eastern is entitled to no qualified immunity here. … clearly established statutory law.

State of W.Va. ex rel. Vanderra Resources, LLC v. Hon. David W. Hummel, Jr., Chesapeake Appalachia, LLC and Kanawha Stone Company, Inc.

829 S.E.2d 35 · West Virginia Supreme Court · Jun 3, 2019

Payne,19 which involved a circuit court’s denial of summary judgment based on a qualified immunity defense, we held: A circuit court’s order denying summary judgment on qualified immunity … the narrow issue of whether a trial court’s denial of qualified immunity is subject to immediate appeal.

Young v. Lacy

District Court, S.D. West Virginia · Sep 28, 2018

See Pearson, 555 U.S. at 243 (holding that “petitioners [were] entitled to qualified immunity because [they] . . . did not violate clearly established law.”). … establish, it is unnecessary for this court to analyze this portion of the qualified immunity inquiry.

Estate of D.E.; D.E., individually by and through his mother, Christine Erickson; Christine Erickson, individually; and I.E., a minor, by and through her mother, Christine Erickson v. West Virginia Department of Health and Human Resources; Jeffery M. Pack; and Jennifer L. Raper, individually and in her capacity as an employee/agent of West Virginia Department of Health and Human Resources

Intermediate Court of Appeals of West Virginia · Nov 4, 2024

to a good faith report of child abuse or neglect; and both are entitled to qualified immunity because there is no allegation that they violated a clearly established 3 law … “[I]t is well- established that matters involving qualified immunity, such as the case presently before us, require a type of ‘heightened pleading’ standard.” W. Virginia Reg'l Jail & Corr. Facility Auth. v.

Rhodes v. Smithers

939 F. Supp. 1256 · District Court, S.D. West Virginia · Sep 15, 1995

Qualified Immunity. … Qualified Immunity.

State of West Virginia ex rel. West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanwaha County, and Hisel Bailey, and West Virginia Attorney-General, Medicaid Fraud Control Unit, and Nathan R. Lyle, in his Individual Capacity, and in his Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit v. Hisel Bailey

West Virginia Supreme Court · Nov 9, 2023

Ed. 2d 272 (2001) (establishing that qualified immunity may only be overcome if the facts alleged “show the officer’s conduct violated a constitutional right”). … When discretionary acts are the basis for a claim of liability, qualified immunity applies unless clearly established and reasonably known rights or laws have been violated, or the subject conduct is fraudulent, malicious

Parkulo v. West Virginia Board of Probation & Parole

199 W. Va. 161 · West Virginia Supreme Court · Feb 11, 1997

for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known.

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

233 W. Va. 449 · West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

West Virginia Lottery v. A-1 Amusement, Inc.

807 S.E.2d 760 · West Virginia Supreme Court · Nov 13, 2017

Therefore, even if the State purchases a policy of insurance, a state agency and its official may claim immunities under the common law, such as qualified immunity. 70 Pursuant to this analysis, qualified immunity is available … qualified immunity in this context.

Jarvis v. WEST VIRGINIA STATE POLICE

227 W. Va. 472 · West Virginia Supreme Court · Nov 18, 2010

Postponing review of a ruling denying immunity to the post-trial stage is fruitless ... because the underlying objective in any immunity determination (absolute or qualified) is immunity from suit. … How could any court ever conclude that the general concepts of negligence do not constitute clearly established law?