Case law

State ex rel. McLaughlin v. West Virginia Court of Claims

209 W. Va. 412 · West Virginia Supreme Court · Feb 22, 2001

immunity. 12 See W.Va.Code § 14-2-1 (1967) (Repl.Vol.2000). … Accordingly, the relevant statute clearly states that the “jurisdiction” of the Court of Claims does not “extend to” that claim. 15 W.Va.Code § 14-2-14(5).

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

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.

Russell Transfer, Inc. v. Department of Finance & Administration

10 Ct. Cl. 40 · West Virginia Court of Claims · Dec 4, 1973

Inasmuch as the claimant has no remedy against the State in a legal action because of sovereign immunity of the State from suit, the Court of Claims was created to enforce contracts which should be binding upon the State. … It is an administrative function that establishes a contract to be within limits and designed to protect the State against overspending units.

Bradfield v. Board of Education

128 W. Va. 228 · West Virginia Supreme Court · Nov 22, 1945

These holdings are supported by reason and authority and they establish the rule in this jurisdiction. … This vital difference clearly distinguishes the Taylor case from the decisions of this Court and renders it inapplicable in this case.

Crawford v. Parsons

141 W. Va. 752 · West Virginia Supreme Court · May 29, 1956

We are of the view that the facts alleged in the plea are sufficient, if proved, to establish that plaintiff was merely an employee, within the meaning of the statute, and that the action of the trial court in overruling … Of special application and significance is the phrase “and to define and fix the rights of employes and employers”, clearly bringing within the orbits of the Act the object of Section 6a. See Prager v.

Searcy v. Wimmer

District Court, S.D. West Virginia · Mar 22, 2018

Qualified Immunity Wimmer further asserts that Searcy’s claim against him is barred by the doctrine of qualified immunity. … Furthermore, this right was clearly established on June 3, 2013, the date of the incident.

Simpson v. City of Charleston

22 F. Supp. 2d 550 · District Court, S.D. West Virginia · Oct 1, 1998

“Program accessibility” is clearly a broad term, which includes the curb ramp at issue here. … Whether the curb ramp at issue was in repair is clearly a crucial issue for the trier of fact in this case.

Holcomb v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Sep 27, 2021

WVDOCR asserts that it is entitled to qualified immunity for this count. ECF No. 7, at 6−7. … conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Martin Sales & Processing, Inc. v. West Virginia Department of Energy

815 F. Supp. 940 · District Court, S.D. West Virginia · Mar 16, 1993

The Fourth Circuit recognized a state’s general waiver of sovereign immunity will not suffice to waive the immunity conferred by the Eleventh Amendment. Citing the Supreme Court’s holding in Atascadero State Hosp. v. … Moreover, West Virginia clearly has not consented to suit. Consequently, Plaintiffs claims against the State are barred by the Eleventh Amendment.

Smith v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Sep 30, 2024

Defendant Wade contends she is entitled to qualified immunity. … Qualified immunity is available only to those who do “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Lowe v. Williams

District Court, S.D. West Virginia · Sep 9, 2020

[ECF No. 120] asserting that Lowe cannot establish a valid basis for supervisory liability or intentional infliction of emotional distress and that they are entitled to qualified immunity on his constitutional claims. … Because I have found that these defendants did not violate Lowe’s clearly-established constitutional rights, these defendants are entitled to qualified immunity on Lowe’s claims against them.

Tolliver v. Kroger Co.

201 W. Va. 509 · West Virginia Supreme Court · Nov 21, 1997

The record clearly reflects that Mrs. … Tolliver had to overcome the defendants’ immunity by pleading a cause of action under W.Va.Code § 23-4~2(c)(2)(i). The circuit court’s alternative ruling, therefore, clearly meant that Mrs.

State v. Board of Commissioners of County of Ohio

146 W. Va. 79 · West Virginia Supreme Court · Feb 7, 1961

before the Constitution was amended in 1880 shall remain in lieu of the county courts thereby established until otherwise provided by law, and in reference to Article 6, section 39, of the Constitution of West Virginia prohibiting … E. 775 , is quite similar to tbe instant case and clearly indicates that tbe writ should be denied.

State v. Dent

25 W. Va. 1 · West Virginia Supreme Court · Nov 1, 1884

The person proposing to practice law is everywhere required to obtain a license from some person or persons qualified to determine whether the applicant has the qualifications necessar’y to practice law. … This portion of this act was held to be clearly constitutional by the Supreme Court of Minnesota in the case of Minnesota v. The State Medical Examining Board, 32 Minn.

Morris v. Westerman

79 W. Va. 502 · West Virginia Supreme Court · Jan 30, 1917

Westerman’s estate to her husband has not been established, and the inquiry next in order is whether she is estopped by her conduct, from assertion of her right. … To give a statute such an effect, it must contain terms clearly importing the intention. Harrison v. Harman, 85 S. E. 646 .

State Ex Rel. Paige v. Canady

197 W. Va. 154 · West Virginia Supreme Court · Jul 17, 1996

Cana-dy, Id., Commissioner Paige has the burden of establishing the executive privilege he claims. … Bond, 669 F.2d 542, 546 (8th Cir.1982) (“Governor’s qualified immunity protected him from deposition absent a showing by plaintiffs of specific need.

Cottrell v. Stepp

District Court, S.D. West Virginia · Feb 2, 2023

Qualified Immunity Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established … immunity from personal liability for official acts if the involved conduct did not violate clearly established law.”

Myers v. Frazier

173 W. Va. 658 · West Virginia Supreme Court · Jun 27, 1984

To hold otherwise is to deny the trial court its legitimate role in deciding whether to accept or reject a plea bargain, which it is clearly authorized to do under Rule 11(e). … else to confer immunity from prosecution.

Mays v. The Cabell County Board of Education

District Court, S.D. West Virginia · Dec 13, 2022

Jones are entitled to qualified immunity in their individual capacities. … was ‘clearly established’ at the time of the challenged conduct.”