Case law

Bowling v. McVay

16 F. Supp. 2d 672 · District Court, S.D. West Virginia · Jul 3, 1997

First, the allegations as contained in the instant civil action clearly stem from defendant McCarty’s employment as a Jackson County Circuit Judge; thus, defendant McCarty is entitled to absolute immunity on all claims. … Defendant McCarty’s remarks were clearly intended to persuade the plaintiff to consider obtaining legal representation.

US Steel Min. Co., LLC v. Helton

219 W. Va. 1 · West Virginia Supreme Court · Jan 12, 2006

We need not detail their undisputed submissions that establish the great magnitude of importance attendant to our resolution of the issues in the instant case. … The sale of the coal is merely the event that establishes the basis for calculating the tonnage or value of the coal for purposes of ascertaining the amount of tax due.

STATE EX REL. CHARLES TOWN HOSP. v. Sanders

556 S.E.2d 85 · 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

Wanda Tolbert v. Kanawha County Board of Education

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Tolbert did not qualify for any of the six homebound positions, but she was hired by Kanawha County as a regular classroom teacher for the 2023-24 school year. Ms. … Tolbert offers no authority to establish error or an abuse of discretion below.

Caperton v. Martin

4 W. Va. 138 · West Virginia Supreme Court · Jan 15, 1870

Now, when it is sought to apply to them the municipal-laws, it is objected, and immunity claimed on the ground that they are only liable to the laws of war. But Marshall, C. … Both of these pleas, I think, are clearly bad, and consequently, the demurrers to them were properly sustained.

Ali v. Raleigh County

District Court, S.D. West Virginia · May 14, 2019

Under the doctrine of qualified immunity, “[g]overnmental officials performing discretionary functions are shielded from liability for money damages so long ‘as their conduct does not violate clearly established statutory … Ali’s arrest was not objectively unreasonable, and the Defendants are entitled to qualified immunity in their individual capacity as Ali cannot establish that a violation of his Fourth Amendment rights occurred.

State Ex Rel. Davis Trust Co. v. Sims

130 W. Va. 623 · West Virginia Supreme Court · Nov 4, 1947

As stated in the opinion in the Cashman case, no conduct by the State was established which if engaged in by a private person would amount to negligence. … In the present proceeding it is clearly established that the conduct of the represent *637 atives of the State is such that if it had been effected by a private person it would have constituted negligence.

Trimboli v. Board of Education

167 W. Va. 792 · West Virginia Supreme Court · Jul 17, 1981

The law clearly *795 contemplates that professionally trained teachers, principals and superintendents shall have exclusive control of these matters.” … We are of the opinion that the Board of Education did not establish compliance with Rule 5300(6)(a).

Ammirante v. Ohio County Board of Education

District Court, N.D. West Virginia · Jul 3, 2019

a reasonable person would have known,’ and are therefore protected by qualified immunity.” … Qualified Immunity Defendant Kolb claims that he is entitled to qualified immunity.

State v. MM

256 S.E.2d 549 · West Virginia Supreme Court · Jun 25, 1979

Whether a witness is qualified to express an opinion is a matter which rests within the discretion of the trial court and its ruling on that point will not ordinarily be disturbed unless it clearly appears that its discretion … The court below clearly abused its discretion in holding the sheriff and the trooper were qualified as experts in the matters regarding which they testified. Moore, Kelly & Reddish, Inc. v.

Frank's Shoe Store v. West Virginia Human Rights Commission

179 W. Va. 53 · West Virginia Supreme Court · Sep 16, 1986

The Court held that a prima facie case is established by a complainant by: showing (i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants; … The threshold question is: what must an individual do in order to establish entitlement to back pay?

Price v. Charleston Area Medical Center, Inc.

217 W. Va. 663 · West Virginia Supreme Court · Jul 14, 2005

Van Zandt, 120 W.Va. 452 , 199 S.E. 65 (1938). 5 *669 Syllabus point 3 of Horchler holds: “It is not prejudicial error against a defendant in a law action for the trial court to place in the jury box twenty-four qualified … In addition to peremptory challenges, the Tawney opinion concerned immunity under the West Virginia workers’ compensation system. The portion of Tawney concerning immunity was subsequently superseded by statute.

Ortho-McNeil Pharmaceutical, Inc. v. Mylan Laboratories, Inc.

267 F. Supp. 2d 545 · District Court, N.D. West Virginia · Mar 31, 2003

Without question, plaintiffs very clearly allege that Química and Betachem knowingly and intentionally “assisted] with, participated] in, contributed] to, and or supported] the submission of an ANDA to the FDA seeking approval … Sayre, 5 F.3d 996 (6th Cir.1993) (where court already determined that police officer was protected from liability under qualified immunity, amendment to add police officer as defendant in a § 1983 action would be futile).

Roberts v. Consolidation Coal Co.

208 W. Va. 218 · West Virginia Supreme Court · Jul 19, 2000

a system which compensates even though the injury or death of an employee may be caused by his own fault or the fault of a co-employee; that the immunity established in sections six and six-a [§§ 23-2-6 and 23-2-6a], article … the workers’ compensation system except as herein expressly provided; that, in enacting the immunity provisions of this chapter, the Legislature intended to create a legislative standard for loss of that immunity of more

Mack v. Turner

169 F. Supp. 3d 666 · District Court, S.D. West Virginia · Mar 14, 2016

In their memorandum in support of their motion to dismiss or for summary judgment, the Defendants assert that they are entitled to qualified immunity. … Qualified immunity shields public officials from suits alleging injuries related to actions taken in the course of their job-related duties.

In re: Petition of S.G. for Expungement of Record

Intermediate Court of Appeals of West Virginia · Dec 6, 2024

Moreover, it is clear from the plain language of both West Virginia Code § 61-11-25 and West Virginia Code § 61-11-26 that there is no qualifying language which requires consideration of both statutes when considering the … Furthermore, the record clearly illustrates that S.G.’s criminal charges were dismissed by State’s motion and not by virtue of any plea agreement.

State v. Sharp

103 S.E.2d 792 · West Virginia Supreme Court · Aug 7, 1958

who executed the last mentioned certificate was, on the date thereof, "Assistant Chief of the Consular Administration of the Ministry of Foreign Affairs of the Union of Soviet Socialist Republics, duly commissioned and qualified … has held that when an attorney appears at the bar of a court in a matter being litigated, there is a presumption of his authority to represent his client and, though the presumption may be rebutted, evidence to do so must clearly

Lilly v. City of Beckley, W. Va.

615 F. Supp. 137 · District Court, S.D. West Virginia · Mar 1, 1985

Defendant City of Beckley is an employer within the meaning of Title VII and is not immune to liability thereunder. 3. … Defendants failed to show that the purported affirmative action plan upon which they relied was substantially related to the objective of remedying past discrimination in that they failed to establish that its implementation

Walker v. Donahoe

District Court, S.D. West Virginia · Mar 2, 2020

Qualified immunity protects government officials from civil damages in § 1983 actions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Village of Pinehurst, the Fourth Circuit held the officers’ use of a stun gun violated the Fourth Amendment, but qualified immunity applied because the arrestee’s right not to be tased was not clearly established. 810

State v. Cook

81 W. Va. 686 · West Virginia Supreme Court · Feb 26, 1918

Did the evidence offered uppn this plea in abatement and upon the motion to quash the petit jury panel establish the facts alleged? … than one-third of the persons qualified for jury service were of the colored race.