general grant immunity in West Virginia

2022Va. 409, 414 , 655 S.E.2d 155, 160 (2007) (“In creating the general grant of immunity, in W.Va.Code, 29–12A–4(b)(1), the Legislature did not distinguish between intentional or unintentional acts.”). 3 his claims were subject to governmental immunity, he only sought to recover up to the limits of available insurance.

2022Va. at 414 , 655 S.E.2d at 160 (“In creating the general grant of immunity, in W.Va.Code, 29–12A–4(b)(1), the Legislature did not distinguish between intentional or unintentional acts.”). 10 their employees and that occurs within or on the grounds of buildings that are used by such political subdivisions, including, but not limited to, office buildings and courthouses, but not including jails, places of juvenile detention, workhouses, or any other detention facility.[18] Stated in the general, despite § 29-12A-4(b)(1), a political subdivision may face liability for injury caused by the neglige

2013Reconciling the general grant of immunity afforded to the State by our Constitution and the coexisting constitutional right of individuals to seek and obtain recovery for their injuries in the Courts of this State, we observed that “[t]he paramount justification underlying the constitutional grant of immunity is to protect the financial structure of the State.” Id., 172 W.Va. at 756 , 310 S.E.2d at 688 (footnote and citation omitted).

2013Reconciling the general grant of immunity afforded to the State by our Constitution and the coexisting constitutional right of individuals to seek and obtain recovery for their injuries in the Courts of this State, we observed that “[t]he paramount justification underlying the constitutional grant of immunity is to protect the financial structure of the State.” Id., 172 W.Va. at 756 , 310 S.E.2d at 688 (footnote and citation omitted).

2018We find that, in determining that petitioner’s allegations regarding his damaged property amounted to a negligence claim, the circuit court construed his complaint in his favor because, while a municipality is sometimes liable for its employees’ negligent conduct under the Act, “claims of intentional and malicious acts are included in the general grant of immunity in [West Virginia Code§] 29-12A-4(b)(1).” Zirkle v. Elkins Road Public Service Dist., 221 W.Va. 409, 414 , 655 S.E.2d 155, 160 (2007); see Mallamo v. Town of Rivesville, 197 W.Va. 616, 624-25 , 477 S.E.2d 525, 533-34 (1996) (finding

2018We find that, in determining that petitioner’s allegations regarding his damaged property amounted to a negligence claim, the circuit court construed his complaint in his favor because, while a municipality is sometimes liable for its employees’ negligent conduct under the Act, “claims of intentional and malicious acts are included in the general grant of immunity in [West Virginia Code§] 29-12A-4(b)(1).” Zirkle v. Elkins Road Public Service Dist., 221 W.Va. 409, 414 , 655 S.E.2d 155, 160 (2007); see Mallamo v. Town of Rivesville, 197 W.Va. 616, 624-25 , 477 S.E.2d 525, 533-34 (1996) (finding

2013See Mooney v. Frazier, 225 W.Va. 358 , 370 n. 12, 693 S.E.2d 333 , 345 n. 12 (2010) (“[A]bsolute prosecutorial immunity cannot be defeated by showing that the prosecutor acted wrongfully or even maliciously, or because the criminal defendant ultimately prevailed on appeal or in a habeas corpus proceeding.”) (internal quotations and citations omitted). 9 A special judge was appointed to hear the case. 10 See also Zirkle v. Elkins Road Public Service District., 221 W.Va. 409, 414 , 655 S.E.2d 155, 160 (2007) (“[C]laims of intentional and malicious acts are included in the general grant of immuni

2013See Mooney v. Frazier, 225 W.Va. 358 , 370 n. 12, 693 S.E.2d 333 , 345 n. 12 (2010) (“[A]bsolute prosecutorial immunity cannot be defeated by showing that the prosecutor acted wrongfully or even maliciously, or because the criminal defendant ultimately prevailed on appeal or in a habeas corpus proceeding.”) (internal quotations and citations omitted). 9 A special judge was appointed to hear the case. 10 See also Zirkle v. Elkins Road Public Service District., 221 W.Va. 409, 414 , 655 S.E.2d 155, 160 (2007) (“[C]laims of intentional and malicious acts are included in the general grant of immuni