PART I. LAW AND ORDER AND POLICE FORCE OR DEPARTMENTS.
§8-14-1. Power and authority with respect to the preservation of law and order; police force or departments.
Every municipality shall have plenary power and authority to protect persons and property within the municipality and preserve law and order therein, and, for this purpose, to provide for, establish, equip and maintain a police force or department. The police force or department in each municipality shall be subject to the authority, control and discipline of the administrative authority.
For the purposes of this article, the term "paid police department" shall be taken to mean only a municipal police department maintained and paid for out of public funds and whose employees are paid on a full-time basis out of public funds. The term shall not be taken to mean a department whose employees are paid nominal salaries or wages or are only paid for services actually rendered on an hourly basis.
Notes of Decisions
State Ex Rel. Farley v. Spaulding, 507 S.E.2d 376 (W. Va. 1998).
· cites it 4× “The relevant part of W.Va.Code § 8-14-1 (1998) provides that "every municipality shall have plenary power and authority to protect persons and property within the municipality and preserve law and order therein, and, for this purpose, to provide for, establish, equip and…”
State v. Nelson, 434 S.E.2d 697 (W. Va. 1993).
· cites it 2× “See W.Va.Code § 8-14-1 to -23 (1990 & Supp.1992); Huntington Municipal Code § 141.”
Carter v. Dunbar Police Dep't (S.D.W. Va 2022).
· cites it 4× “It argues that the Plaintiffs cannot maintain a cause of action against the police department because it is a political subdivision, as stated by W. Va. Code Ann. § 8-14-1 . This provision states that municipal police departments are “subject to the authority, control and…”
Doe v. City of Gauley Bridge (S.D.W. Va 2022).
· cites it 2× “” W. Va. Code § 8-14-1 . The Town of Gauley Bridge Municipal Ordinance § 2-101 also places police officers under the control of the mayor.”
Smith v. The City of Pennsboro (N.D.W. Va. 2021).
“Moreover, § 8-14-1 specifically limits the decision-making authority of any municipal chief of police by subjecting municipal police forces “to the authority, control and discipline of the administrative authority.”
Owens v. The City Of Pennsboro (N.D.W. Va. 2021).
“Moreover, § 8-14-1 specifically limits the decision-making authority of any municipal chief of police by subjecting municipal police forces “to the authority, control and discipline of the Second Amended Complaint (Dkt.”
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