Category Archives: Government Law
Will Violations of Internal Policies Dissolve State Agencies’ Qualified Immunity Defense?
In the recent case of Bill J. Crouch v. Eric Gillispie, the West Virginia Supreme Court ruled in favor of Mr. Crouch, who serves as the secretary of the West Virginia Department of Health and Human Resources (DHHR). Gillispie is the administrator of his daughter’s estate. He filed a wrongful death lawsuit against the DHHR, […]
City of Marmet v. Hunter – PFFB&P Wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously reversed the Kanawha County Circuit Court’s denial of our client’s motion for summary judgment based upon the statutory immunity of the City of Marmet and its police officer as governed by the West Virginia Government Tort Claims and Insurance Reform Act found at […]
B.R. v. WVDHHR – PFFB&P Wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the Kanawha County Circuit Court’s granting of the motion to dismiss based upon the qualified immunity of the West Virginia Department of Health and Human Resources, the Bureau for Children and Families and Child Protective Services. The Petitioner alleged a sole negligence […]
Heaster v. Robinson – PFFB&P wins at the WVSCt
On May 14, 2018 the West Virginia Supreme Court of Appeals unanimously affirmed the decision of a three-judge panel that granted a county commissioner’s motion for judgment as a matter of law at the close of the citizen group’s case-in-chief. The citizen group sought to remove a County Commissioner under West Virginia Code 6-6-7 for […]