6 West Virginia opinions name it 1 courts 2009–2023 3 in the last five years
The cases below were cited by West Virginia courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.
| Case | Followed | Cited |
|---|---|---|
Robinson v. Packgreen2 sentences2019A complete reading of Robinson provides that “[t]he subjective motivations of a police officer are not relevant to a determination of whether qualified immunity exists in connection with allegations of an unreasonable search and seizure, an unlawful detention, or the use of excessive force.” Syl. pt. 4, Robinson v. Pack, 223 W. 2015Both state and federal law leave “no question that the subjective motivations of a police officer are immaterial to a determination of whether qualified immunity exists in connection with allegations of unreasonable search and seizure, unlawful detention, and excessive force.” Robinson, 223 W.Va. at 834 , 679 S.E.2d at 666 (2009). | 1 | 2 |
Graham v. Connorgreen2 sentences2015See also, Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 2473 , 192 L.Ed.2d 416 (2015) (“a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable”); Graham v. Con *502 nor, 490 U.S. 386, 397 , 109 S.Ct. 1866 , 104 L.Ed.2d 443 (1989) (“the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”). 2015See also, Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 2473 , 192 L.Ed.2d 416 (2015) (“a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable”); Graham v. Con *502 nor, 490 U.S. 386, 397 , 109 S.Ct. 1866 , 104 L.Ed.2d 443 (1989) (“the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”). | 1 | 1 |
Kingsley v. Hendricksongreen2 sentences2015See also, Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 2473 , 192 L.Ed.2d 416 (2015) (“a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable”); Graham v. Con *502 nor, 490 U.S. 386, 397 , 109 S.Ct. 1866 , 104 L.Ed.2d 443 (1989) (“the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”). 2015See also, Kingsley v. Hendrickson, — U.S. -, 135 S.Ct. 2466, 2473 , 192 L.Ed.2d 416 (2015) (“a pretrial detainee must show only that the force purposely or knowingly used against him was objectively unreasonable”); Graham v. Con *502 nor, 490 U.S. 386, 397 , 109 S.Ct. 1866 , 104 L.Ed.2d 443 (1989) (“the question is whether the officers’ actions are ‘objectively reasonable’ in light of the facts and circumstances confronting them, without regard to their underlying intent or motivation”). | 1 | 1 |
Hutchison v. City of Huntingtongreen2 sentences2009See Hutchison, 198 W.Va. at 148-49 , 479 S.E.2d at 658-59 . 2009See Hutchison, 198 W.Va. at 148-49 , 479 S.E.2d at 658-59 . | 1 | 1 |
Anderson v. Creightongreen2 sentences2009See Anderson v. Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) (holding that officer’s subjective beliefs are irrelevant when evaluating the reasonableness of his actions). 2009See Anderson v. Creighton, 483 U.S. 635, 641 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987) (holding that officer’s subjective beliefs are irrelevant when evaluating the reasonableness of his actions). | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in West Virginia. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Deputy J.K. Maston v. Thomas Jefferson Wagner
green
2 sentences2021Va. [828, ]834, 679 S.E.2d [660, ]666[ (2009).] Maston v. Wagner, 236 W. 2021Va. [828, ]834, 679 S.E.2d [660, ]666[ (2009).] Maston v. Wagner, 236 W. | 2 | 2021–2021 |
Clark v. Dunn
green
2 sentences2023Pt. 6, Clark v. Dunn, 195 W.Va. 272 , 465 S.E.2d 374 (1995).[19] We “unpacked” that syllabus point in Grove, expanding on the analysis a court must undertake to determine whether qualified immunity applies in a particular case: [W]henever a defendant raises the issue of qualified immunity in a motion to dismiss, the circuit court must look to our qualified immunity body of law and follow the steps this Court expressly has outlined to make the determination of whether qualified immunity applies under the specific circumstances of that particular case. 2023Pt. 6, Clark v. Dunn, 195 W.Va. 272 , 465 S.E.2d 374 (1995).[19] We “unpacked” that syllabus point in Grove, expanding on the analysis a court must undertake to determine whether qualified immunity applies in a particular case: [W]henever a defendant raises the issue of qualified immunity in a motion to dismiss, the circuit court must look to our qualified immunity body of law and follow the steps this Court expressly has outlined to make the determination of whether qualified immunity applies under the specific circumstances of that particular case. | 1 | 2023–2023 |
Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.