Case law

Medley v. Ginsberg

492 F. Supp. 1294 · District Court, S.D. West Virginia · Jun 10, 1980

City of Greenwood, 1964, 384 U.S. 808 , 86 S.Ct. 1800 , 16 L.Ed.2d 944 , clearly indicated that § 1983 was applicable when statutory, as well as, constitutional ‘rights, privileges and immunities’ were involved.” 505 F.2d … Less easily resolved is whether CMHCA affords plaintiffs “a right, privilege or immunity” secured by a federal statute.

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

Brown v. Mason County Commission

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

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 rights … has clearly provided for immunity under the circumstances.”

Lee v. Bishoff

District Court, N.D. West Virginia · Aug 4, 2022

“The. doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … As a result, Gainer is entitled to qualified immunity concerning the allegations in this Complaint.

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.

Barker v. Gaylor

District Court, S.D. West Virginia · Aug 2, 2021

Connor factors is not determinative of the qualified immunity issue. The key issue is whether plaintiff’s right was clearly established law at the time. … Because no clearly established right was violated, Vanhorn and McClure are entitled to qualified immunity for the derivative claims as well.

Barnett v. Cummings

District Court, S.D. West Virginia · Mar 22, 2023

Subsequently, the parties debate whether the conduct complained of violated a clearly established statutory or constitutional right sufficient to overcome qualified immunity. … While AB reaffirmed Clark’s holding that “mere negligence” was insufficient to overcome qualified or official immunity, the West Virginia Supreme Court of Appeals proceeded to apply the violation of “clearly established

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.

White v. Thompson

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

Excessive Force The doctrine of qualified immunity protects government officials from civil liability “insofar as their conduct does not violate clearly established statutory … The determination of whether a state official receives the benefit of qualified immunity is a two-step process.

Sitzes v. Anchor Motor Freight, Inc.

169 W. Va. 698 · West Virginia Supreme Court · Mar 23, 1982

interspousal immunity. … The issue in this case arises out of a tort, not a traditionally settled area of the law, and it is clearly foreshadowed by our decisions prior to Coffindajfer overruling other common law immunities, particularly family immunities

Praetorian Insurance Company v. Virginia Chau, Administratrix of the Estate of Anh Kim Ho And Air Cargo Carriers, LLC

West Virginia Supreme Court · Nov 17, 2022

This is so because, “an order qualifies as a final order when it ‘ends the litigation on the merits and leaves nothing for the court to do but execute the judgment.’” Durm v. … Thus, when read 24 in its proper context, the residence employees endorsement clearly would not be “understood by a reasonable person in the position of the insured” to include

Ryan v. Clonch Industries, Inc.

219 W. Va. 664 · West Virginia Supreme Court · Dec 15, 2006

The Legislature’s purpose is establishing a deliberate intent cause of action was clearly set forth in W. … though the injury or death of an employee may be caused by his or her own fault or the fault of a co-employee; that the immunity established in sections six and six-a, article two of this chapter, is an essential aspect

Quigley v. City of Huntington WV

District Court, S.D. West Virginia · Sep 22, 2017

Government officials performing discretionary functions may be protected from monetary damages under the doctrine of qualified immunity when “their conduct does not violate clearly established statutory or constitutional … the right asserted was clearly established at the time of the alleged violation.

State Ex Rel. Crosier v. Callaghan

160 W. Va. 353 · West Virginia Supreme Court · May 17, 1977

It found no Constitutional or statutory provision establishing a “Director of Office Services.” … The right petitioners seek to enforce is clearly set forth in W. Va. Code, 21-5C-2,-3.

Tucker v. Thomas

853 F. Supp. 2d 576 · District Court, N.D. West Virginia · Feb 15, 2012

P. 4(d)(1). *587 Clearly, defendant Singleton was not served personally, nor does service at his place of business qualify as service at his “dwelling or usual place of abode.” See Gipson v. … Singleton to be effective, it would have to qualify as service upon his “agent.” The plaintiffs bear the burden of establishing that service of process has been effective. See Ballard v.

State Ex Rel. West Virginia Real Estate Appraiser Licensing & Certification Board v. Chiles

234 W. Va. 125 · West Virginia Supreme Court · Sep 18, 2014

The Board’s authority is clearly statewide. … Notably, the test set forth in syllabus point one of Blower is the same test that is used to determine whether an organization is a state agency for purposes of immunity.

Bellomy v. United States

888 F. Supp. 760 · District Court, S.D. West Virginia · Jun 2, 1995

The Federal Tort Claims Act, 28 U.S.C. § 1346 (“FTCA”), creates a limited waiver of sovereign immunity. … applicable standard of care to which his or her expert opinion testimony is addressed; (d) such expert maintains a current license to practice medicine in one of states of the United States; and (e) such expert is engaged or qualified

Shaffer v. Stanley

215 W. Va. 58 · West Virginia Supreme Court · Dec 4, 2003

The opinion then went on to discuss the state's sovereign immunity and the exception to that immunity when liability insurance coverage is obtained. … because of the State's sovereign immunity."

Brian Frye v. Erie Insurance Company

West Virginia Supreme Court · Jun 12, 2024

Frye had not 5 offered evidence to establish that Erie engaged in pattern or practice of claims handling that violated the Unfair Trade Practice Act, West Virginia Code §§ 33- … And we have an expert to testify – THE [CIRCUIT] COURT: Which is why this is about immunity. You guys can couch it any way you want, this is about immunity.

Joseph Brown v. Jim Rubenstein, Commissioner

West Virginia Supreme Court · Nov 26, 2013

We review the final order and the ultimate disposition under an abuse of discretion standard; the underlying factual findings under a clearly erroneous standard; and questions of law are subject to a … We bear in mind the following: In the West Virginia courts, claims of ineffective assistance of counsel are to be governed by the two-pronged test established in Strickland v.