Case law

Ali v. Raleigh County

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

Qualified Immunity Lastly, Defendant Snuffer argues that he is entitled to qualified immunity from the Plaintiff’s claims brought pursuant to 42 U.S.C. § 1983. … Under the qualified immunity doctrine, “[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long ‘as their conduct does not violate clearly established statutory

Timothy J. Gregory and Janice L. Gregory v. Jack O. Long and Lora A. Long

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

Brooks Map’s symbology did not clearly differentiate between public and private roads. Therefore, it was his opinion that the A.B. Brooks Map did not establish Jasper Way as a county road. Dr. … Likewise, the Gregorys have not established how the circuit court was clearly wrong when it admitted Dr. Kinder’s testimony. See Syl. Pt. 6, Helmick v. Potomac Edison Co., 185 W.

Arnold Agency v. West Virginia Lottery Commission

206 W. Va. 583 · West Virginia Supreme Court · Dec 13, 1999

As the Ninth Circuit stated: “Clearly, a policy which permits one claim to be invoked as an admission against an alternative or inconsistent claim would significantly restrict, if not eliminate, the freedom to plead inconsistent … However, while a court may take judicial notice of the orders of another court, such notice is “ ‘not for the truth of the matters asserted in the other litigation, but rather to establish the fact of such litigation and

State ex rel. Porter v. Bivens

151 W. Va. 665 · West Virginia Supreme Court · Jun 27, 1967

In the Slater case it was clearly established that the contestee Var-ney, who sought to have the election contest dismissed, had been found by an official tax commissioner audit to'have failed to account for approximately … As to whether mandamus is the proper remedy to try title to a public office, the scope of the writ has not been clearly defined in this jurisdiction. In Kline v. McKelvey, 57 W. Va. 29 , 49 S.

WAUSAU BUSINESS INS. CO. v. Madden

613 S.E.2d 924 · 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-product 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

State of West Virginia v. Dale F.

West Virginia Supreme Court · Apr 26, 2021

The reason for this rule qualifying the right to withdraw a previously tendered guilty plea is set forth in United States v. Barker, 514 F.2d at 221, quoting Brady v. … The circuit court dismissed the case on the grounds that the defendants were entitled to statutory immunity and to immunity pursuant to the common law doctrine of prosecutorial immunity; and that the prosecutor was an improper

BPI, Inc. v. National Mutual Insurance Co.

235 W. Va. 303 · West Virginia Supreme Court · May 20, 2015

Thus, under Cherrington, defective workmanship may qualify as an occurrence, allowing resulting damages to be covered under a policy such as BPI’s policy in this case. … Anchor Motor Freight, Inc., 169 W.Va. 698, 704, 289 S.E.2d 679, 683 (1982) (finding reversal to be “clearly foreshadowed by our decisions . . . overruling other common law immunities, particularly family immunities.”);

Rich v. Rich

185 W. Va. 148 · West Virginia Supreme Court · May 24, 1991

Accordingly, we hereby find that an interspousal transfer of property is clearly subject to the Act. … Rich clearly did not meet her burden of establishing that she paid for the property transferred to her out of her own estate.

Sammons v. Sowards

District Court, S.D. West Virginia · Nov 19, 2021

Under qualified immunity, government officials performing discretionary functions are generally shielded from liability for civil damage if their behavior does not violate a clearly established statutory or constitutional … The qualified immunity inquiry is a two-step determination of “(1) whether the official violated a constitutional right; and if so (2) whether the right was ‘clearly established’ at the time of its violation.”

Meadows v. Huttonsville Correctional Center

793 F. Supp. 684 · District Court, N.D. West Virginia · Jul 7, 1992

Defendant Huttonsville Correctional Center subsequently answered the Complaint, raising, among other defenses, immunity from suit pursuant to § 1983. … Second, counsel for a Defendant in this action would clearly be entitled to conduct an investigation and prepare conclusions like those filed in this Court by the Attorney General.

Mingo County Board of Education v. Surber

195 W. Va. 279 · West Virginia Supreme Court · Nov 16, 1995

is more qualified, Grievant [Ms. … After conducting a hearing, the Grievance Board found that “grievant Surber established that she was the better qualified of the two applicants for the Aide position based upon her training and experience” and that the Board

Wentz v. Ames

District Court, S.D. West Virginia · Mar 18, 2025

Specifically, Defendants argue that they are entitled to qualified immunity because “Plaintiff cannot put forth any genuine issue of fact to attempt to establish that these Defendants violated any clearly established statutory … In the instant case, Defendants argue they are entitled to qualified immunity because “Plaintiff cannot put forth any genuine issue of fact to attempt to establish that these Defendants violated any clearly established

Johnson v. Cassell

182 W. Va. 317 · West Virginia Supreme Court · Dec 5, 1989

Consequently, we find that the Hampshire County Board of Education clearly exceeded its legitimate powers by failing to fill the vacant teaching position by the appellant. … In addition, W.Va.Code § 18A-4-8b provides that the board “shall be liable to any party prevailing against the board for court costs and his reasonable attorney fee, as determined and established by the court.”

State Ex Rel. Davis v. Ruthbell Coal Co.

133 W. Va. 319 · West Virginia Supreme Court · Nov 1, 1949

The unemployment act, Article 8, Chapter 1, Acts of the Legislature, Second Extraordinary Session, 1936, as amended, established a special fund separate and apart from all public moneys or funds of the State, an unemployment … This latter statute deletes the word “voluntarily,” which was contained in the 1945 statute, and for the first time qualifies the word “work” by the words “his most recent.”

Thomas B., individually and as parent and next friend of A.B., a minor v. U.S. Hotel and Resort Management, Inc., and Regency Hotel Management, LLC

West Virginia Supreme Court · May 23, 2024

Upon our review, we find that the circuit court clearly erred in dismissing petitioner’s complaint. … the respondents’ invocation of immunity.

Deborah Kay Harris, Administratrix v. CSX Transportation

232 W. Va. 617 · West Virginia Supreme Court · Nov 13, 2013

Shields as not significant to establish causation. Ultimately, Dr. … Simply put, however, these principles have not been clearly understood or followed by trial courts.

Myers v. City of Clendenin

District Court, S.D. West Virginia · Apr 25, 2022

Defendants move for summary judgment as to Counts VII and VIII, arguing that they are entitled to qualified immunity because they did not violate any of Myers’ clearly established constitutional rights. … “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.”

Cloninger v. PrimeCare Medical, Inc.

District Court, S.D. West Virginia · May 20, 2020

The first prong of the qualified immunity analysis is therefore met. … Violation of Cloninger’s clearly established right to paraplegia-related care, including assistance with bathing and using the toilet, is not shielded by qualified immunity, and Cloninger succeeded in alleging such a violation

Napier v. County Commission of Lincoln County

District Court, S.D. West Virginia · May 16, 2019

Qualified immunity “shields government officials from liability for civil damages, provided that their conduct does not violate clearly established statutory or constitutional rights within the knowledge of a reasonable … Therefore, the Court finds Defendant Sowards did not use excessive force and he is entitled to qualified immunity from this suit.

SER W. Va. Real Estate Appraiser Licensing and Certification Bd. v. Hon. Christopher D. Chiles

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.