Justia West Virginia Supreme Court of Appeals Opinion Summaries

The case involves the West Virginia Department of Human Services (DHS) and allegations of negligence in handling child protective services (CPS) investigations. DHS received multiple referrals regarding potential child abuse involving J.F.L., a registered sex offender living with J.M.K. and her children. DHS conducted investigations in 2015 and 2018, concluding there was no evidence of abuse or neglect. However, in 2020, another referral led to the discovery of sexual abuse by J.F.L., resulting in his indictment and conviction on numerous charges.The plaintiffs, representing the children, sued DHS, claiming negligence, gross negligence, and other wrongful acts, asserting that DHS failed to follow its internal policies, which they argued created clearly established statutory rights. They also claimed negligent training and supervision by DHS. DHS sought summary judgment based on qualified immunity, arguing that its internal policies did not constitute clearly established law.The Circuit Court of Kanawha County denied DHS's motion for summary judgment, stating that a jury should decide whether DHS's actions were oppressive and whether mandatory duties were not followed. The court also denied summary judgment on the negligent supervision and training claims.The Supreme Court of Appeals of West Virginia reviewed the case and concluded that DHS's internal policies, not being legislatively approved, could not create clearly established statutory rights. The court held that DHS was entitled to qualified immunity as the plaintiffs failed to demonstrate that DHS violated any clearly established statutory or constitutional rights. Additionally, the plaintiffs did not provide evidence of improper motive or oppressive conduct by DHS employees. Consequently, the court reversed the circuit court's decision and remanded the case with directions to grant summary judgment in favor of DHS and dismiss the action. View "West Virginia Department of Human Services v. David B., Guardian ad Litem and Next Friend of J.B. and M.B., and S.M., Individually" on Justia Law

A Monongalia County deputy sheriff responded to a domestic dispute involving John D. Stewart, Jr., who suffered from mental illness. The deputy, after advising against backup, pursued Mr. Stewart, who allegedly threatened with a knife. The deputy shot Mr. Stewart, fatally wounding him. Amanda F. Stewart, Mr. Stewart’s daughter, filed a wrongful death action against the Monongalia County Commission and the deputy, alleging excessive force and negligence.The Circuit Court of Monongalia County dismissed claims against the Commission for direct liability but allowed claims for vicarious liability and against the deputy to proceed. The court also denied the motion to dismiss the demand for punitive damages, stating it was premature.The Supreme Court of Appeals of West Virginia reviewed the case. It affirmed the lower court’s decision to deny the motion to dismiss the vicarious liability claim against the Commission, finding the Commission is not immune from vicarious liability for the deputy’s negligence. The court also affirmed the denial of the motion to dismiss the negligence claim against the deputy, as the complaint sufficiently alleged facts to suggest the deputy acted with malicious purpose, in bad faith, or in a wanton or reckless manner.However, the court reversed the lower court’s decision regarding punitive damages. It held that the Tort Claims Act prohibits punitive damages against the Commission and the deputy, as the deputy was sued in his official capacity. The case was remanded for further proceedings consistent with this opinion. View "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." on Justia Law

The case involves Potomac Comprehensive Diagnostic & Guidance Center, Inc. (Potomac), a residential behavioral health center in West Virginia, and two former residents, L.K. and D.S., who were represented by their guardian and conservator, Kelly Young. The plaintiffs alleged that they were abused and neglected by Potomac staff members while residing at the facility for approximately five months spanning the years 2013 and 2014. They asserted claims for negligence and unlawful discrimination in violation of the West Virginia Human Rights Act.The case was initially heard in the Circuit Court of Hardy County, where the jury found in favor of the plaintiffs. Potomac appealed the decision, arguing that the lower court erred in several ways, including denying its pre-trial motion for summary judgment on the issue of whether Potomac is a “place of public accommodations” under the Human Rights Act, and admitting evidence at trial pertaining to the abuse of other children who resided at Potomac and the results of a 2014 investigation of that abuse.The Supreme Court of Appeals of West Virginia found that Potomac is not a “place of public accommodations” under the Human Rights Act and that the lower court erred by not granting summary judgment to Potomac on this issue prior to trial. The court also found that the lower court committed reversible error by admitting the 2014 investigative reports in their entirety into evidence at trial. Consequently, the court reversed the lower court’s final order and remanded the case for a new trial. View "Potomac Comprehensive Diagnostic & Guidance Center, Inc.v. L.K., By Her Guardian and Conservator, Young" on Justia Law

The case involves a petition for a writ of prohibition filed by Dr. Jose Ravelo, a board-certified oral surgeon, against the West Virginia Board of Dentistry. The petitioner sought to halt the Board's ongoing investigation and any further disciplinary action against him based on his treatment of a patient in 2021. He argued that the Board violated the statutory time limitation for resolution of disciplinary actions and violated his due process rights.The Board initiated an investigation after Dr. Ravelo self-reported a complication following a surgical procedure he performed on a patient. The Board's Complaint Committee recommended filing a complaint against Dr. Ravelo, citing concerns about his standard of care. Dr. Ravelo responded to the complaint, and the Board continued its investigation.The Supreme Court of Appeals of West Virginia found that the Board complied with West Virginia Code § 30-1-5(c), which permits an extension of time for the Board to issue a final ruling. The Court held that an agreement to extend the period of time for an applicable regulatory board to issue a final ruling on a complaint is not barred by the fact that the applicable board is also the complainant. The Court also found that the Board had not violated the petitioner's constitutional right to due process. Therefore, the Court denied the petitioner's request for a writ of prohibition. View "State ex rel. Ravelo v. West Virginia Board of Dentistry" on Justia Law

The case involves a dispute between Christopher Sullivan, the respondent, and several police officers and cities, the petitioners. Sullivan filed a complaint against the petitioners following a confrontation with the police officers that led to his arrest on various charges. Sullivan asserted twenty-three state law causes of action against the petitioners. In response, the petitioners filed motions to dismiss Sullivan's complaint, alleging varying theories of immunity. The Circuit Court of Jefferson County partially granted the petitioners' motions to dismiss. The court determined that the police officers were not entitled to "qualified immunity" and that the cities and their respective police departments and police chiefs were entitled to "qualified immunity" from Sullivan's negligence claims. The court also determined that Sullivan was entitled to allege claims of negligence and intentional torts from the same facts.The petitioners appealed the Circuit Court's decision to the Supreme Court of Appeals of West Virginia. The Supreme Court found that the Circuit Court erred by basing its immunity decisions on common law qualified immunity principles, which are only applicable to the State, its agencies, officials, and employees, rather than applying the provisions of the West Virginia Governmental Tort Claims and Insurance Reform Act, which govern immunity for the claims asserted against the petitioners as they are undisputedly political subdivisions and employees of political subdivisions. The Supreme Court reversed the Circuit Court's decision and remanded the case for further proceedings. View "Kent v. Sullivan" on Justia Law

Two campus police officers at Shepherd University, Jay Longerbeam and Donald Buracker, were terminated due to alleged "misconduct" and "unprofessionalism" during two incidents in 2018 and 2019. The officers claimed that their termination was a result of age and disability discrimination, retaliation under the West Virginia Human Rights Act (HRA), violation of the West Virginia Whistle-blower Law, and common law wrongful discharge. The Circuit Court of Jefferson County granted summary judgment against both officers on all claims.The officers appealed the decision, arguing that the lower court erred in finding no genuine issues of material fact and in its handling of the burden-shifting paradigm. They contended that their conduct during the incidents was legally proper and that the court failed to consider intervening acts of reprisal which were more temporally proximate to their protected activity than their discharge.The Supreme Court of Appeals of West Virginia found that the lower court erred in its handling of the "temporal proximity" issue and the burden-shifting paradigm. The court also found that the officers offered more than sufficient evidence upon which a rational trier of fact could find retaliatory motivation. Therefore, the court reversed the lower court's grant of summary judgment as to the officers’ whistle-blower and Harless claims and remanded for further proceedings. However, the court affirmed the lower court's grant of summary judgment as to Buracker’s HRA disability discrimination claim, finding his evidence insufficient to create an inference of disability discrimination. View "Jay Longerbeam v. Shepherd University" on Justia Law

Bailey, an RN employed by MMBH, West Virginia Department of Health and Human Resources (DHHR) psychiatric facility, alleges that he intervened when M.C., a patient with a known history of self-harm, attempted to harm himself. A struggle ensued. M.C. suffered minor injuries. Subsequently, an employee of Legal Aid of West Virginia (LAWV), observed M.C.'s bruising, read the nursing notes, and viewed a security video of the struggle, then filed a referral with Adult Protective Services. MMBH’s Director of Nursing filed a patient grievance form on behalf of M.C. Bailey was suspended. Several witnesses were never interviewed and the report failed to relate M.C.’s history of self-harm. Bailey’s employment was terminated. The Board of Nursing initiated proceedings against his nursing license.The West Virginia Public Employees Grievance Board reinstated Bailey. The Board of Nursing dismissed the complaint against his license. During the investigation, MFCU allegedly made Bailey submit to a “custodial interrogation,” conducted by MFCU employees and a West Virginia Attorney General’s Office lawyer. Bailey was not advised of his Miranda rights. Medicaid Fraud Control Unit (MFCU) investigator Lyle then referred the matter to the Prosecuting Attorney’s Office, which filed criminal charges. MMBH again suspended Bailey. The charges were later dismissed.Bailey sued DHHR, MMBH, MFCU, LAWV, and several individuals under 42 U.S.C. 1983 based on unreasonable and unlawful seizure of the person, malicious prosecution, and violation of the Whistle-Blower Law.The West Virginia Supreme Court issued a writ of prohibition. Bailey cannot maintain section 1983 claims against MFCU and Lyle. Bailey’s whistle-blower claim against Lyle is unsustainable because Lyle had no authority over Bailey’s employment. Bailey’s malicious prosecution claim fails to allege sufficient facts to meet the required heightened pleading standard to overcome MFCU’s and Lyle’s qualified immunity. View "State of West Virginia v. Ballard" on Justia Law

Ward, charged with felony possession of a firearm by a prohibited person, moved to suppress evidence under the Fourth Amendment. He alleged that Raleigh County Sheriff’s Officers arrived at his mother’s residence, questioned him regarding a dispute, and asked him for identification. Ward stated he could retrieve it from “downstairs in [his] mother’s house in the [t]-shirt shop.” Both officers and Ward walked around to the door. Ward opened the door. The officers grabbed the door and followed him in. Ward then walked through another door that led into a separate room used for his t-shirt printing shop. While Ward retrieved his identification, an officer observed a firearm. Ward testified that a person standing at the entryway to the basement door would not have been able to see the firearm because it would have been obscured by two doors and a curtain. The basement was not his residence and there was a lock on the front door. Detective Queen stated that he watched Ward retrieve his identification “[f]or officer safety” although he did not have a specific reason to fear for his safety.The West Virginia Supreme Court affirmed the denial of his motion to suppress. Officers conducted the search and seized the firearm without a warrant; the plain view and officer safety exceptions do not apply. View "State of West Virginia v. Ward" on Justia Law

The Supreme Court affirmed the order of the circuit court finding that Petitioner violated the conditions of his supervised release and revoking his supervised release and sentencing him to a two-year term in prison, holding that United States v. Haymond, 588 U.S. __ (2019), does not apply to a supervised release revocation pursuant to W. Va. Code 61-12-26 because section 61-12-26 does not require a mandatory minimum sentence upon revocation.Specifically, the Supreme Court held (1) the revocation of Petitioner's supervised release pursuant to W. Va. Code 62-12-26 did not violate Petitioner's constitutional rights; (2) the circuit court did not err by denying Petitioner's motion to dismiss the petition or by sentencing Petitioner to a term of imprisonment without holding a jury trial when revoking his supervised release; and (3) the circuit court did not clearly err in finding by clear and convincing evidence that Petitioner conspired to deliver crack cocaine, in violation of conditions of his supervised release. View "State v. White" on Justia Law

The Supreme Court affirmed the judgment of the circuit court sentencing Petitioner to ten to twenty-five years' imprisonment after he pleaded guilty to second-degree sexual assault, holding that the circuit court's failure to explicitly discuss the mandatory mitigating circumstances listed in W. Va. Code 61-11-23(c) before ordering the final sentence was not prejudicial.On appeal, Petitioner argued that the circuit court failed to consider the "mitigating circumstances" set forth in section 61-11-23(c) and that his sentence was constitutionally disproportionate. The Supreme Court affirmed the sentence, holding (1) Petitioner's substantial rights were not affected by the circuit court's failure to acknowledge and consider the statutory mitigating circumstances; and (2) Petitioner's argument that his sentence was constitutionally disproportionate due to his age and mental capacity was unavailing. View "State v. Hall" on Justia Law