Case law

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

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

Nabors v. Tincher

District Court, S.D. West Virginia · Dec 19, 2022

Qualified Immunity Government officials are protected by qualified immunity when “performing discretionary functions . . . insofar as their conduct does … not violate clearly established statutory or constitutional rights of which [an objectively] reasonable person would have known.”

Garrison v. Herbert J. Thomas Memorial Hospital Ass'n

190 W. Va. 214 · West Virginia Supreme Court · Nov 23, 1993

Hogshead knowingly gave false statements to Memorial Hospital, then the immunity from liability provision under the peer review immunity statutes would not be afforded to Thomas Hospital. … Clearly, the public policy in favor of full disclosure encourages individuals to provide “good-faith health care peer review.” Mahmoodian v.

State v. Simon

132 W. Va. 322 · West Virginia Supreme Court · Feb 15, 1949

Just why Hanger called Scott is not clearly indicated by the record. … through them the facts which he now seeks to establish.

State Ex Rel. Medical Assurance of West Virginia, Inc. v. Recht

213 W. Va. 457 · West Virginia Supreme Court · Jul 11, 2003

“While *467 the work product doctrine creates a form of qualified immunity from discovery, it does not label protected material as ‘privileged’ and thus outside the scope of discovery under Rule 26(b)(1), W.V.R.C.P.” … The attorney-client privilege allows for an honest, careful and prompt analysis by qualified persons.

Rashid v. United States

170 F. Supp. 2d 642 · District Court, S.D. West Virginia · Oct 19, 2001

Subject Matter Jurisdiction The federal defendants argue that Rash-id has not established a basis for subject matter jurisdiction. … Sovereign Immunity The second hurdle to Rashid’s claim is sovereign immunity. The United States is generally immune from suit, and cannot be sued without its consent. United States v.

Hamill v. Koontz

134 W. Va. 439 · West Virginia Supreme Court · May 31, 1950

The Legislature has established a system of taxation and, as part of the system so established, has imposed upon the tax commissioner the duty of supervising its operation and of giving aid and assistance, in an advisory … Principles applicable to an unincorporated *445 state agency, in relation to whether a suit against it is in substance one against the state, are as clearly applicable to a corporate agency of the state.

J.D., a Protected Individual v. West Virginia Department of Human Services, Bureau for Medical Services

Intermediate Court of Appeals of West Virginia · Dec 23, 2024

Notably, however, this decision did not mark any of the designated “major life areas” to establish what the documentation failed to establish. … Linton testified that J.D. did not qualify for IDDW because his Level 2 Autism Spectrum Disorder diagnosis did not meet the severity required to qualify as a related condition under Chapter 513. According to Ms.

Palmer v. West Virginia Division of Corrections and Rehabilitation

District Court, S.D. West Virginia · Oct 25, 2023

As to Count One, Defendants argue that, as a matter of law, they are entitled to qualified immunity. (ECF No. 37 at 9–12.) … Notably, Plaintiff has completely and utterly failed to respond to Defendants’ qualified immunity argument. (See generally ECF No. 40.)

In Re: Jimmy M. W.

West Virginia Supreme Court · May 30, 2014

We review the final order and the ultimate disposition under an abuse of discretion standard, and we review the circuit court's underlying factual findings under a clearly erroneous standard. … Clearly, the Legislature established this framework because it deemed multiple sex offenses, sexual violence, and sexual offenses against children to be more dangerous to the public.

Jennifer Bowyer v. Fayette County Board of Education

West Virginia Supreme Court · Nov 21, 2014

Bowyer contends this candidate was not qualified and Ms. Bowyer, who was qualified at the time of posting, was entitled to first priority in filling the positon. … Bowyer) was qualified for the position before the beginning of the assignment and, accordingly, her placement in that position was not clearly wrong.

Cornell v. West Virginia Division of Corrections & Rehabilitation

District Court, S.D. West Virginia · Oct 1, 2024

To establish a violation of either statute, plaintiffs must prove (1) they have a disability; (2) they are otherwise qualified to receive the benefits of a public service, program, or activity; and (3) … Regulations governing the ADA clearly state that an inmate cannot be housed in a facility that does not offer the same program for which the inmate is otherwise qualified.

Doss

District Court, S.D. West Virginia · Jan 15, 2026

based on (1) insufficiency, and (2) qualified immunity. … First, “[a] litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.”

Monongahela Power Company v. Michael A. Buzminsky and Vickie Buzminsky

West Virginia Supreme Court · Nov 2, 2020

The immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) (2006) applies only to individual employees and does not extend to such employee’s private employer or … We therefore hold that the immunity established for “duly qualified emergency services workers” pursuant to West Virginia Code § 15-5-11(a) applies only to individual employees and does not extend to such employee’s private

Cunningham v. Cokely

79 W. Va. 60 · West Virginia Supreme Court · Oct 24, 1916

The right of a qualified elector to vote at all elections is not unreasonably impeded”. … This mode of securing representation on the official ballots clearly was available to the adherents of the Prohibition party.

Preston Memorial Hospital v. Palmer

213 W. Va. 189 · West Virginia Supreme Court · Feb 27, 2003

Demonstration of the requisite authority and control to establish the recipient organization as an employer and the personnel in question as qualifying leased employees 9 is accomplished by applying the twenty factors contained … not covered by a similar qualified plan provided by leasing organization.

Davis v. Monsanto Co.

627 F. Supp. 418 · District Court, S.D. West Virginia · Jan 14, 1986

Davis’ argument fails to establish good cause to alter the time frames established in the Pretrial Procedures and Final Scheduling Order entered April 5, 1985, for amendment and joinder of parties. … Additionally, a qualified privilege may attach to communications of private information.

Joy Ann Clark v. Board of Ed. of the County of Fayette

West Virginia Supreme Court · Nov 10, 2016

The circuit court entered a scheduling order that established a discovery deadline of September 15, 2015. … We have held as follows: “[West Virginia Code] § 29-12A-5(a)(6) (1986) clearly provides political subdivisions with immunity from liability for losses or claims resulting from snow or ice placed on public

United States Coal & Coke Co. v. Turk

127 W. Va. 368 · West Virginia Supreme Court · Dec 12, 1944

A subsequent act established rates of pay for all navy officers in general, including rear admirals. … This Court held that the earlier act was not affected by the later one, and the decision was directly based upon the immunity of specific and particular acts against later broad or general acts not purporting directly to