Justia West Virginia Supreme Court of Appeals Opinion Summaries

The Supreme Court affirmed the decision of the circuit court reversing the family court's determination that Mother's child support obligation was $0, holding that the circuit court did not err.At the time of the parties' divorce Mother received custody of the two children, and Father was ordered to pay child support. The family court subsequently modified the custodial arrangement and granted primary custody of the children to Father. The family court determined that Mother's child support obligation was $0. The circuit court reversed, concluding that the family court erred in giving Mother credit for social security benefits received by the children. The Supreme Court affirmed, holding that the circuit court correctly applied W. Va. Code 48-13-603(a) in reversing the family court's determination that Mother, the nondisabled child support obligor, was entitled to credit for social security benefits paid to the children, who resided with Father, the disabled obligee. View "Amanda B. v. Hakeem M." on Justia Law

The Supreme Court denied Husband's petition for writ of prohibition challenging the circuit court's ruling on a motion to vacate and its authority to transfer the case to family court, holding that the court's decision to remand the case to the family court was not in excess of its jurisdiction.Husband, an attorney, filed a petition for divorce. Husband filed a signed property settlement agreement and financial statements that he drafted. Husband then filed the case in the circuit court pursuant to W. Va. Code 51-2A-2(b). The court entered a final divorce order without holding a hearing or giving notice to Wife. Wife later filed a motion to vacate and set aside the final divorce order. The circuit court granted the motion in part and transferred the case to the family court for resolution of issues involving support and equitable distribution. Husband then filed this petition for writ of prohibition. The Supreme Court denied the writ, holding that court did not err in granting the motion to vacate in part and that the court had the authority to transfer the case to family court. View "State ex rel. J. William St. Clair v. Honorable Gregory L. Howard" on Justia Law

The Supreme Court reversed the order of the circuit court calculating seniority for purposes of a reduction in force among school service personnel who were originally hired by a county board of education as an aide and then subsequently obtained certification as an early childhood classroom assistant teacher (ECCAT), holding that the circuit court's decision was contrary to law.On appeal, the Webster County Board of Education (Webster BOE) argued that, contrary to the conclusion of the circuit court, seniority for purposes of a reduction in the number of service personnel who are certified as ECCATs should be calculated solely based on the accumulated amount of ECCAT seniority possessed by the employees. Respondents, Webster BOE employees, argued that the circuit court correctly calculated their ECCAT seniority based upon their accumulated seniority as aides. The Supreme Court reversed, holding that the circuit court's decision that aide seniority that aide seniority is used to determine the rank of service personnel subject to a reduction in force in the ECCAT class title was contrary to law. View "Webster County Board of Education v. Davis" on Justia Law

The Supreme Court reversed the circuit court's judgment reversing and vacating an order of the Nitro Police Department Civil Service Commission concluding that Petitioner was improperly terminated from his employment as a City of Nitro Police Department police officer, holding that termination was appropriate.On appeal, Petitioner argued that the Commission's reinstatement order was based on substantial evidence and that the circuit court erred by substituting its judgment for that of the Commission. The Supreme Court agreed, holding (1) under the circumstances of this case, the Commission's findings were plausible and not clearly wrong; and (2) the circuit court impermissibly substituted judgment for that of the Commission. View "Jarrell vs. The City of Nitro, West Virginia" on Justia Law

The Supreme Court reversed the order of the circuit court denying Petitioner's motion to dismiss the first amended complaint filed by Respondent, a minor, by and through his parent and next friend, for failure to state a claim upon which relief can be granted, holding that the circuit court erred.In his complaint Respondent alleged that Defendants, officers with the West Virginia State Police, Department of Military Affairs and Public Safety (the WVSP), acted outside the scope of their duties when they severely beat him. Respondent argued that the officers' actions were imputed to Petitioner, the WVSP, pursuant to the doctrine of respondent superior and that the WSVP was negligent and/or reckless in failing to properly train and supervise its officers. After the WSVP unsuccessfully filed a motion to dismiss it appealed. The Supreme Court reversed and remanded the case, holding that the circuit court erred by considering matters outside the pleadings and by failing appropriately to consider whether qualified immunity applied. View "West Virginia State Police, Department of Military Affairs v. J.H." on Justia Law

The Supreme Court granted a writ of prohibition and reversed the order of the circuit court denying the motion filed by the Grant County Commission to dismiss Plaintiff's complaint, holding that the Commission was not a proper defendant to the statutory claims asserted by Plaintiff.In the underlying complaint, Plaintiff sought to recover damages resulting from the termination of her employment. The Commission filed a motion to dismiss, arguing that it was not a proper party because it was neither Plaintiff's employer nor was it a health care entity. The district court denied the motion to dismiss. The Supreme Court reversed, holding (1) the Commission was an improper defendant in this case, and therefore the circuit court committed clear legal error in denying the motion to dismiss; and (2) the circuit court erred by not affording the Commission immunity from Plaintiff's intentional tort claim. View "State ex rel. Grant County Commission v. Honorable Lynn A. Nelson" on Justia Law

The Supreme Court granted a writ of prohibition sought by the prosecuting attorney of Monongalia County to prohibit the circuit court from enforcing its order suppressing Cesar Felix's statement to Morgantown police and certain DNA evidence, holding that the circuit court committed clear legal error.Cesar Felix worked at a restaurant where a woman claimed that she was sexually assaulted upon leaving. When police interviewed him, Defendant denied any involvement in the crime and consented to a DNA search by cheek swab. The DNA evidence linked Felix to the crime, and he was subsequently charged with two counts of sexual assault. Defendant filed a motion to suppress his statement and the DNA evidence, claiming that he was not given Miranda warnings or advised of his right to refuse his consent to the DNA search. The circuit court granted the motion. The Supreme Court reversed, holding (1) Defendant was not in custody when he gave his statement, and therefore, no Miranda warnings were required; (2) Defendant's Fifth Amendment privilege against self-incrimination and due process rights were not violated; and (3) Defendant's Fourth Amendment protection against unreasonable searches was not violated. View "State ex rel. DeChristopher v. Gaujot" on Justia Law

The Supreme Court reversed the order of the circuit court that the child R.S. be permanently placed with his siblings in the K family's home, holding that the circuit court erred by failing to conduct a best interest of the child analysis and ordering placement based solely on its conclusion that this placement was mandatory under W. Va. Code 49-2-126(a)(6).In this case concerning two foster families seeking placement of R.S. the circuit court ruled that newly enacted legislation, including section 49-2-126(a)(6), mandated that R.S. be placed in the same home as his siblings rather than in the home of Petitioners, who had had custody of R.S. for approximately half of the child's life. The Supreme Court reversed, holding (1) section 49-2-126(a)(6) requires a circuit court to conduct a best interest of the child analysis by considering a child's needs and a family's ability to meet those needs; and (2) the circuit court erred by removing R.S. from Petitioners' custody. View "In re R.S." on Justia Law

The Supreme Court reversed the order of the circuit court denying the West Virginia Department of Environmental Protection's (DEP) motion for summary judgment on qualified immunity grounds, holding that the DEP was entitled to qualified immunity.Plaintiffs suffered damages to personal and real property as a result of severe flooding of Bull Creek in McDowell County. Plaintiffs filed suit against Twin Star Mining, Inc. and the DEP, claiming negligence. The DEP moved for dismissal on the basis of qualified immunity and the public duty doctrine. The circuit court denied the motion. The Supreme Court reversed, holding that the circuit court erred in denying the DEP's motion for summary judgment on the basis of qualified immunity. View "W. Va. Department of Environmental Protection v. Dotson" on Justia Law

The Supreme Court answered certified questions of law by holding that W. Va. Code 60A-4-416(b), which criminalizes the failure of any person who, while engaged in the illegal use of a controlled substance with another, knowingly fails to seek medical assistance for such other person and an overdose or adverse physical reaction proximately causes the death of the other person, is constitutional.Petitioner was indicted on the charge of failing to render aid to another, in violation of section 60A-4-416(b). Petitioner filed a motion to dismiss the indictment, arguing that the statute is unconstitutionally vague. The circuit court held the motion in abeyance and determined that certain aspects of section 60A-4-416(b) warranted the certification of two questions to the Supreme Court. The Supreme Court answered (1) the phrase in section 60A-4-416(b) "any person who, while engaged in the illegal use of a controlled substance with another" is not unconstitutionally vague; and (2) the undefined phrase "seek medical assistance" in the context of the statute provides an adequate standard for adjudication. View "State v. Conner" on Justia Law