Case law

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[.]”

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.

Billiter v. Jones

District Court, S.D. West Virginia · Sep 22, 2020

Defendant Jones is not entitled to qualified immunity for Plaintiff’s § 1983 claim Qualified immunity shields government actors from liability “insofar as their conduct does not violate a clearly established statutory … There are two prongs to the Qualified immunity analysis: (1) “whether the facts that the plaintiff has alleged or shown make out a violation of a constitutional right,” and (2) “whether the right was ‘clearly established

Ali v. Raleigh County

District Court, S.D. West Virginia · Mar 29, 2018

He argues that the Plaintiff has failed to establish that Mr. Redden violated any clearly established constitutional law and is therefore entitled to qualified immunity. … 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

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.

Tomashek v. A.S. Meadows

District Court, S.D. West Virginia · Jan 23, 2018

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 … Therefore, the next question is whether the right was clearly established at the time of the violation.

Deborah L. Hale v. W. Va. Dept. of Transportation, Div. of Highways, etc.

West Virginia Supreme Court · Jun 28, 2013

According to petitioner, all she was required to establish was that she was more qualified than Respondent Cook. … Based on the foregoing, including the Court’s affirmation of the circuit court’s findings as to Respondent Cook’s qualifications, we find that petitioner could not even establish that she was more qualified than Respondent

Parcell v. United States

104 F. Supp. 110 · District Court, S.D. West Virginia · Nov 23, 1951

Both pilots were qualified for instrument flying, and both planes were equipped for such flying. … The evidence does not establish which plane crashed in which spot. A line drawn between the two places of impact and extended points approximately in the direction" of the airport.

Cahill v. Mercer County Board of Education

208 W. Va. 177 · West Virginia Supreme Court · Jun 12, 2000

Code, 18-29-1, et seq. (1985), and based upon findings of fact, should not be reversed unless clearly wrong.” Syllabus Point 1, Randolph County Bd. of Ed. v. Scalia, 182 W.Va. 289 , 387 S.E.2d 524 (1989). Syl. … Because the circuit court’s November 1998 order violates well-established principles of review, we reverse and remand for entry of *182 an order affirming the Boards hiring decisions and upholding the conclusion of ALJ Weekly

State ex rel. Hardesty v. Aracoma—Chief Logan No. 4523

147 W. Va. 645 · West Virginia Supreme Court · Mar 12, 1963

In support of that position several well established ■ principles of law are noted. … Here the appellant is engaged in an activity which is clearly taxable under the provisions of Code, ll-13-2c, as amended.

Henry v. Benyo

203 W. Va. 172 · West Virginia Supreme Court · Jul 13, 1998

A review of this statutory provision suggests that the language clearly articulates the intent of the legislative drafters. … established by W.Va.Code § 17D-4-2, but not mandating underinsured motorist coverage); Deel v.

State Ex Rel. Sams v. Ohio Valley General Hospital Ass'n

149 W. Va. 229 · West Virginia Supreme Court · Feb 23, 1965

That this hospital receives charitable immunity is of no probative value in determining its status as a public or private hospital. Many charities of a private nature enjoy such immunity. … established.

City of Marmet v. Anthony Hunter, Administrator of the Estate of Kareem Hunter

West Virginia Supreme Court · May 17, 2018

in the record, the decedent was twenty-nine years of age. 3 The two men were later identified as Miguel Quinones and Deveron Patterson. 4 The record in this civil action does not clearly … a special relationship had been established between the political subdivision and the injured party.

Daniel v. Dean

District Court, S.D. West Virginia · Jan 8, 2025

Furthermore, based upon the uncontested facts of this matter, Defendant Dean had qualified immunity and is entitled to summary judgment. … In Durham, the Fourth Circuit analyzed the applicability of qualified immunity in a “case of mistaken identity.” Durham, 690 F.3d at 185.

Brown v. Mason County Commission

District Court, S.D. West Virginia · Jul 22, 2021

s claims, it must determine whether Bryant is entitled to qualified immunity. … In general, qualified immunity shields government officials performing discretionary functions “from liability for damages insofar as their conduct does not violate clearly established statutory or constitutional

Reid v. Wilson

District Court, S.D. West Virginia · Nov 18, 2022

QUALIFIED IMMUNITY Qualified immunity is an affirmative defense intended to shield public officials from civil suits arising out of their performance of job-related duties. … “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.

State v. Willey

97 W. Va. 253 · West Virginia Supreme Court · Sep 30, 1924

M., for what reason it does not clearly appear, and taken to the office of the prosecuting attorney. The bottle of liquor was found in a pocket in the car and brought into the prosecuting attorney’s office. … The witness then said he had not been promised immunity.

Adkins v. Hope Engineering & Supply Co.

81 W. Va. 449 · West Virginia Supreme Court · Nov 27, 1917

But plaintiff does allege, and his counsel insist, that, although defendant has in all respects done what the act requires to entitle it to the immunities and prescriptions thereof, the act does not purport to work an exoneration … Nothing in our Workmen’s Compensation Act prohibits *456 an employer who qualifies thereunder from engaging the services of a minor; nor except when expressly prohibited by law is such employment unlawful. Westerlund v.

State ex rel. Wausau Business Insurance v. Madden

216 W. Va. 776 · West Virginia Supreme Court · May 11, 2005

Discussion Wausau contends that the lower court was clearly wrong in holding that Wausau waived any objections to discovery when it failed to contemporaneously raise its attorney-client and work-produet objections with a … Three exceptions relevant in the case before us are the attorney-client privilege, work-product qualified immunity and protection of “a party or person from annoyance, embarrassment, oppression, or undue burden or expense

Morris Memorial Convalescent Nursing Home, Inc. v. West Virginia Human Rights Commission

189 W. Va. 314 · West Virginia Supreme Court · May 21, 1993

The appellant contends that the findings of the Commission are clearly wrong and are unsupported by substantial evidence. … The burden of establishing a prima facie case of disparate treatment is not onerous.