Case law

Keesee v. General Refuse Service, Inc.

216 W. Va. 199 · West Virginia Supreme Court · Jun 29, 2004

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 of … provided in this chapter; that, in enacting the immunity provisions of this chapter, the Legislature intended to create a legislative standard for loss of that immunity of more narrow application and containing more specific

Lewis v. Canaan Valley Resorts, Inc.

185 W. Va. 684 · West Virginia Supreme Court · Jul 19, 1991

V, § 1, courts ordinarily presume that legislation is constitutional, and the negation of legislative power must be shown clearly: ‘In considering the constitutionality of a legislative enactment, courts must exercise due … First, this provision itself states that the “remedy” constitutionally guaranteed “for an injury done” to protected interests is qualified by the words, “by due course of law[.]” See supra note 3.

Mingo County Board of Education v. Mark Blackburn

Intermediate Court of Appeals of West Virginia · Apr 22, 2024

Further, our Supreme Court of Appeals has established that “[a] final order of the hearing examiner for the West Virginia [Public] Employees Grievance Board . . should not be reversed unless clearly wrong.” Syl. … Further, the record establishes that Mr.

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.”

State ex rel. Serdich v. Preston County Board of Education

200 W. Va. 34 · West Virginia Supreme Court · May 30, 1997

The circuit court denied the appellant’s petition on the ground that the position which he sought was not “open” and that he was not clearly entitled to the relief which he sought. … Milne’s absence was clearly anticipated to be temporary.

Mallamo v. Town of Rivesville

197 W. Va. 616 · West Virginia Supreme Court · May 21, 1996

We agree that Wilson’s attempt to conceal or distort the facts concerning the shooting incident, if proven, is clearly not related to the execution of the capias on plaintiff. … However, even if plaintiff were able to establish that Wilson participated in a conspiracy to cover up the shooting incident, a plain reading of W. Va.

State ex rel. Charles Town General Hospital v. Sanders

210 W. Va. 118 · West Virginia Supreme Court · Nov 9, 2001

Rydland’s application for staff privileges in an attempt to establish whether the Hospital knew of various professional complaints that had been lodged against Dr. Rydland when it made these decisions. … Provided, That information, documents or records otherwise available from original sources are not to be construed as immune from discovery or use in any civil action merely because they were presented during proceedings

Taylor v. Ohio County Commission

District Court, N.D. West Virginia · Nov 28, 2017

Defendants have qualified immunity from Plaintiff’s claims; 6. … to qualified immunity.

Byndon v. Pugh

District Court, N.D. West Virginia · Oct 4, 2018

to qualified immunity from liability for civil damages to 10 the extent that ‘their conduct does not violate clearly established statutory … to stop a vehicle would constitute a violation of clearly established Fourth Amendment law

Reeves v. Meddings

District Court, S.D. West Virginia · Dec 1, 2021

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 of which a reasonable … If both factors result in the affirmative, qualified immunity does not apply. Pearson, 555 U.S. at 232.

Gary Wiechman and Lauralee Wiechman v. Marshall County Sewerage District

West Virginia Supreme Court · Jan 20, 2021

In creating the general grant of immunity, in W.Va. … Code, 29-12A-4(c) can survive immunity from liability under the general grant of immunity in W.Va. Code, 29-12A-4(b)(1).

Laundry Co. v. Dunn Hospital

126 W. Va. 858 · West Virginia Supreme Court · May 30, 1944

All this was clearly a mere revision of the former brief statute on the subject, and, therefore, within the title of the act. … The word “repeal”, unless qualified, may bear a very narrow and strict meaning.

Baisi

District Court, S.D. West Virginia · Oct 16, 2025

In the instant case, Defendant Bleavins is not entitled to qualified immunity because Plaintiff alleges a clearly established right concerning his claim of retaliation under the First Amendment. … In 2017, the Fourth Circuit held that an inmate’s right to file a prison grievance free from retaliation was clearly established under the First Amendment so as to preclude qualified immunity. Booker v.

Marcum

District Court, S.D. West Virginia · Dec 16, 2025

Defendant Allen contends that vague assertions of inadequate oversight are insufficient to establish that he violated a clearly established right. … He further contends that the right to be freed from detention when legally entitled is clearly established, and Defendant Allen is not entitled to qualified immunity for violating that right.

Yeater Ex Rel. Estate of Yeater v. Allied Chemical Co.

755 F. Supp. 1330 · District Court, N.D. West Virginia · Jan 15, 1991

It is important to note that under West Virginia Code § 23-4-2, a defendant loses its immunity from suit only if the Plaintiff establishes that the defendant has acted with “deliberate intention.” … Unless the plaintiff establishes the existence of each and every factor, the defendant-employer will not lose its statutory immunity and is not subject to liability.

State ex rel. Marshall County County Commission v. Carter

225 W. Va. 68 · West Virginia Supreme Court · Jan 29, 2010

Briggs alleged that he is well qualified to be a telecommunication operator and has several years experience in that position. Mr. … "The work product doctrine provides a qualified immunity to two categories of work products: fact and opinion.” Mazzone, 220 W.Va. at 532 , 648 S.E.2d at 38 (citation omitted).

Joseph Mulla v. Ryanne Ball

Intermediate Court of Appeals of West Virginia · Feb 3, 2026

Mulla’s claims through the doctrines of prosecutorial and qualified immunity. … Ball was entitled to prosecutorial and qualified immunity, as well as statutory immunity pursuant to West Virginia Code § 29-12A-5(b) (1986) (granting immunity to employees of political subdivisions) and West Virginia Code

Henderson v. Meredith Lumber Co., Inc.

190 W. Va. 292 · West Virginia Supreme Court · Nov 23, 1993

because before they leased the store, they failed to correct a defective stairway problem as required by W.Va.Code 21-3-6 [1923], Pack also noted that some of the safety requirements “in W.Va.Code, 21-3-1 through -18 ... are clearly … as follows: "An employer may become a third person, vulnerable to tort suit by an employee, if — and only if — he possesses a second persona so completely independent from and unrelated to his status as employer that by established

Dostert v. Neely

537 F. Supp. 912 · District Court, S.D. West Virginia · Apr 22, 1982

In so doing the Court established a Judicial Inquiry Commission and Judicial Review Board. W.Va.Code, Appendix. … While the question has not been decided by the United States Supreme Court, the law of this circuit clearly holds that judges are not immune from equitable and declaratory relief under 42 U.S.C. § 1983 . Timmerman v.

Dakota Jones and Matilda Workman v. Logan County Board of Education

West Virginia Supreme Court · Nov 17, 2022

In its memorandum of law in support of its motion to dismiss, the Board clearly asserted immunity. … Jones was aware that some or all of his claims may be subject to governmental immunity. Subsequently, the Board clearly asserted immunity.