Case law

Robinson v. Pack

223 W. Va. 828 · West Virginia Supreme Court · Jun 18, 2009

In that decision, we affirmed that immunity from personal liability exists “if the involved conduct did not violate clearly established laws of which a reasonable official would have known.” … In the context of determining whether there is a violation of clearly established right to overcome qualified immunity, purpose rather than knowledge is required to impose Bivens liability on the subordinate for unconstitutional

Neil Williams v. Bonnie Bonar, Ohio County Sheriff

West Virginia Supreme Court · Nov 21, 2014

Botkins, 228 W.Va. 393, 394-95, 719 S.E.2d 863, 864-65 (2011) (qualified immunity for police officers). … In addition, “unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

Bill J. Crouch, Secretary, W. Va. Dept. of Health and Human Resources v. Eric Gillispie, Administrator

809 S.E.2d 699 · West Virginia Supreme Court · Jan 31, 2018

clearly established statutory or constitutional law. … Gillispie has failed to demonstrate a violation of a clearly established statutory or constitutional law sufficient to strip DHHR of its qualified immunity.23 IV.

West Virginia Department of Health & Human Resources v. Payne

231 W. Va. 563 · West Virginia Supreme Court · Jun 12, 2013

Some of our caselaw makes reference to violations of “clearly established rights” while others make reference to “clearly established laws.” … Obviously, a public official who ignores or violates such clearly established precepts of the law . . . would not be entitled to qualified immunity[.]

State v. Chase Securities, Inc.

188 W. Va. 356 · West Virginia Supreme Court · Nov 25, 1992

Obviously, a public official who ignores or violates such clearly established precepts of the law, as did the mayor in Hawkins, supra, would not be entitled to qualified immunity under Harlow and would be personally liable … Clearly, *362 the immunity in Bennett is a qualified immunity, and, as earlier noted, some public officials are entitled to an absolute immunity. See note 11, supra.

Goines v. James

189 W. Va. 634 · West Virginia Supreme Court · Jul 22, 1993

Therefore, in order to resolve this issue of qualified immunity, we must also examine the constitutional law pertaining to the Fourth Amendment to determine if the law was clearly established as to whether a warrantless arrest … If, however, the law was clearly established, the immunity defense should fail unless “the ...

W. Va. Board of Education v. Zelda Croaff

West Virginia Supreme Court · May 17, 2017

We find that the circuit court clearly erred in concluding that qualified immunity is unavailable to state agencies. … Va. at 667, 783 S.E.2d at 88 (failure to identify violations of clearly established statutory or constitutional right in an action for defamation, false light, and breach of contract such that qualified immunity barred the

W. Va. Board of Education and L. Wade Linger, Jr. v. Jorea M. Marple

West Virginia Supreme Court · Nov 10, 2015

the constitutional standards clearly established at the time[?]” … the present context to qualified immunity is a clearly legitimate act.”

Randall v. Fairmont City Police Department

186 W. Va. 336 · West Virginia Supreme Court · Dec 12, 1991

Guiding us in answering this question in the affirmative is the general rule of construction in governmental tort legislation cases favoring liability, not immunity: unless the legislature has clearly provided for immunity … We believe that the legislature has not clearly provided for immunity regardless of the existence of a special relationship/special duty. Accordingly, this Court holds that W Va.

West Virginia Regional Jail & Correctional Facility Authority v. A.B.

234 W. Va. 492 · West Virginia Supreme Court · Oct 31, 2014

Va.Code, 29-12A-1 et seq. is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established laws of which a reasonable official would have known. … official’s personal, qualified immunity for discretionary judgments and functions which are neither in violation of a “clearly established law” nor “fraudulent, malicious, or otherwise oppressive.”

Worley v. Ewing

District Court, S.D. West Virginia · Aug 12, 2020

established right to overcome qualified immunity, purpose rather than knowledge is required...”). … Because Worley’s Amended Complaint fails to state a plausible violation of any clearly established constitutional right by these defendants, I FIND that they are entitled to qualified immunity on Worley’s claims against

Russell v. Butcher

District Court, S.D. West Virginia · Jul 17, 2020

Barring a showing by Plaintiff that Defendants violated a “clearly established right or law” with respect to hiring, training, and developing procedures, Defendants are entitled to qualified immunity on claims involving … ” ; , 556 U.S. at 677 (“[i]n the context of determining whether there is a violation of a clearly established right to overcome qualified immunity, purpose rather than knowledge is required...”).

Fitzpatrick v. McKnight

District Court, S.D. West Virginia · Jul 3, 2025

which could be characterized as fraudulent, malicious, or oppressive,” (ECF No. 15 at 7), but evidently forgot that he is not entitled to qualified immunity if his act was “in violation of clearly established statutory … If the plaintiff demonstrates the violation of a clearly established right or law, the employee is not immune from liability. Jd. at 767.

Jeffers v. Albright

District Court, S.D. West Virginia · Feb 28, 2023

Thus, if the WVRJCFA is shown to have “violated a clearly established right or law with respect to training, supervision, or retention of [the correctional officer], the WVRJCFA is not entitled to immunity … Va. 2017) (“qualified immunity is broad and protects all but the plainly incompetent or those who knowingly violate the law” (internal quotation marks and citations omitted)).

Walker v. Donahoe

District Court, S.D. West Virginia · Sep 27, 2019

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 … the qualified immunity analysis.

Marlin v. Bill Rich Construction, Inc.

198 W. Va. 635 · West Virginia Supreme Court · Nov 15, 1996

Thus, appel-lee argues that the Tort Claims Act clearly contemplates immunity in the instant claim. … The complaint alleged derivative claims for loss of love, society, comfort, companionship, and services that would not survive immunity under W.Va.Code § 29-12A-5(a)(11), if the Board could establish such immunity as set

Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr.

West Virginia Supreme Court · Nov 14, 2024

Code § 29-12A-5 (establishing immunities from liability). … Indeed, “It is well established that . . . common law qualified immunity [is] available only for the State, its agencies, officials, and/or employees.” Kent v.

Durstein v. Alexander

District Court, S.D. West Virginia · Sep 20, 2022

Qualified Immunity Although qualified immunity is expansive, a government official “who performs an act clearly established to be beyond the scope of his discretionary authority … However, “in considering whether constitutional rights were clearly established for qualified-immunity purposes, we view the issue from ‘the layman’s perspective.’” Bland v.

Marcum v. Moles

District Court, S.D. West Virginia · Jul 15, 2022

Qualified immunity is an affirmative defense to Section 1983 that applies when an officer’s “conduct does not violate clearly established statutory or constitutional rights known to … Moles violated Marcum’s Eighth Amendment rights, the court must now resolve whether those rights were “clearly established” sufficiently to defeat Corporal Moles’ raising of qualified

Deputy J.K. Maston v. Thomas Jefferson Wagner

236 W. Va. 488 · West Virginia Supreme Court · Nov 10, 2015

the involved conduct did not violate clearly established laws of which a reasonable official would have known.”).9 A public officer is entitled to qualified immunity for discretionary acts, even if committed negligently … A litigant may pierce the shield of qualified immunity by showing that a government official has violated a clearly established statutory or constitutional right.