Justia Civil Rights Opinion Summaries

Articles Posted in Supreme Court of Appeals of West Virginia
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Bailey, an RN employed by MMBH, West Virginia Department of Health and Human Resources (DHHR) psychiatric facility, alleges that he intervened when M.C., a patient with a known history of self-harm, attempted to harm himself. A struggle ensued. M.C. suffered minor injuries. Subsequently, an employee of Legal Aid of West Virginia (LAWV), observed M.C.'s bruising, read the nursing notes, and viewed a security video of the struggle, then filed a referral with Adult Protective Services. MMBH’s Director of Nursing filed a patient grievance form on behalf of M.C. Bailey was suspended. Several witnesses were never interviewed and the report failed to relate M.C.’s history of self-harm. Bailey’s employment was terminated. The Board of Nursing initiated proceedings against his nursing license.The West Virginia Public Employees Grievance Board reinstated Bailey. The Board of Nursing dismissed the complaint against his license. During the investigation, MFCU allegedly made Bailey submit to a “custodial interrogation,” conducted by MFCU employees and a West Virginia Attorney General’s Office lawyer. Bailey was not advised of his Miranda rights. Medicaid Fraud Control Unit (MFCU) investigator Lyle then referred the matter to the Prosecuting Attorney’s Office, which filed criminal charges. MMBH again suspended Bailey. The charges were later dismissed.Bailey sued DHHR, MMBH, MFCU, LAWV, and several individuals under 42 U.S.C. 1983 based on unreasonable and unlawful seizure of the person, malicious prosecution, and violation of the Whistle-Blower Law.The West Virginia Supreme Court issued a writ of prohibition. Bailey cannot maintain section 1983 claims against MFCU and Lyle. Bailey’s whistle-blower claim against Lyle is unsustainable because Lyle had no authority over Bailey’s employment. Bailey’s malicious prosecution claim fails to allege sufficient facts to meet the required heightened pleading standard to overcome MFCU’s and Lyle’s qualified immunity. View "State of West Virginia v. Ballard" on Justia Law

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Ward, charged with felony possession of a firearm by a prohibited person, moved to suppress evidence under the Fourth Amendment. He alleged that Raleigh County Sheriff’s Officers arrived at his mother’s residence, questioned him regarding a dispute, and asked him for identification. Ward stated he could retrieve it from “downstairs in [his] mother’s house in the [t]-shirt shop.” Both officers and Ward walked around to the door. Ward opened the door. The officers grabbed the door and followed him in. Ward then walked through another door that led into a separate room used for his t-shirt printing shop. While Ward retrieved his identification, an officer observed a firearm. Ward testified that a person standing at the entryway to the basement door would not have been able to see the firearm because it would have been obscured by two doors and a curtain. The basement was not his residence and there was a lock on the front door. Detective Queen stated that he watched Ward retrieve his identification “[f]or officer safety” although he did not have a specific reason to fear for his safety.The West Virginia Supreme Court affirmed the denial of his motion to suppress. Officers conducted the search and seized the firearm without a warrant; the plain view and officer safety exceptions do not apply. View "State of West Virginia v. Ward" on Justia Law

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The Supreme Court affirmed the order of the circuit court finding that Petitioner violated the conditions of his supervised release and revoking his supervised release and sentencing him to a two-year term in prison, holding that United States v. Haymond, 588 U.S. __ (2019), does not apply to a supervised release revocation pursuant to W. Va. Code 61-12-26 because section 61-12-26 does not require a mandatory minimum sentence upon revocation.Specifically, the Supreme Court held (1) the revocation of Petitioner's supervised release pursuant to W. Va. Code 62-12-26 did not violate Petitioner's constitutional rights; (2) the circuit court did not err by denying Petitioner's motion to dismiss the petition or by sentencing Petitioner to a term of imprisonment without holding a jury trial when revoking his supervised release; and (3) the circuit court did not clearly err in finding by clear and convincing evidence that Petitioner conspired to deliver crack cocaine, in violation of conditions of his supervised release. View "State v. White" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court sentencing Petitioner to ten to twenty-five years' imprisonment after he pleaded guilty to second-degree sexual assault, holding that the circuit court's failure to explicitly discuss the mandatory mitigating circumstances listed in W. Va. Code 61-11-23(c) before ordering the final sentence was not prejudicial.On appeal, Petitioner argued that the circuit court failed to consider the "mitigating circumstances" set forth in section 61-11-23(c) and that his sentence was constitutionally disproportionate. The Supreme Court affirmed the sentence, holding (1) Petitioner's substantial rights were not affected by the circuit court's failure to acknowledge and consider the statutory mitigating circumstances; and (2) Petitioner's argument that his sentence was constitutionally disproportionate due to his age and mental capacity was unavailing. View "State v. Hall" on Justia Law

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The Supreme Court affirmed the orders entered by the circuit court granting summary judgment to Defendants in the underlying action brought after investigators identified unsafe, non-sterile injection techniques, holding that the circuit court did not err.Plaintiffs, a pain management clinic and its physician, brought the underlying action alleging that the West Virginia Department of Health and Human Resources, West Virginia Bureau for Public Health, and its former Commissioner and State Health Officer (collectively, the DHHR Defendants) breached their duty of confidentiality when they issued a press release announcing that Defendants used unsafe injection practices and encouraging Plaintiffs' patients to be tested for bloodborne illnesses. Plaintiffs also sued the West Virginia Board of Ostseopathic Medicine and its executive director (together, the BOM Defendants), asserting a due process claim for failing to timely provide a hearing after their summary suspension of the physician's medical license. The circuit court concluded that the DHHR defendants were entitled to qualified immunity and that the claim against the BOM defendants was barred by res judicata. The Supreme Court affirmed, holding that there was no error in the circuit court's judgment. View "Chalifoux v. W. Va. Dep't of Health & Human Resources" on Justia Law

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The Supreme Court vacated Defendant's conviction of attempt to possess pseudoephedrine in an altered state and remanded this case for further proceedings, holding that the circuit court plainly erred by finding a factual basis for Defendant's no contest plea.Defendant was charged in an indictment with possession of pseudoephedrine in an altered state, a felony. Defendant pled nolo contendere to attempt to possess pseudoephedrine in an altered state and was sentenced to one to three years' imprisonment. Defendant appealed, challenging the circuit court's denial of his motion to dismiss. The Supreme Court vacated Defendant's conviction, holding that the circuit court erred when it found that a factual basis existed for a plea to attempt to commit possession of pseudoephedrine in an altered state where the only evidence was Defendant's possession of completed methamphetamine. View "State v. Finley" on Justia Law

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The Supreme Court vacated Defendant's conviction of attempt to possess pseudoephedrine in an altered state and remanded this case for further proceedings, holding that the circuit court plainly erred by finding a factual basis for Defendant's no contest plea.Defendant was charged in an indictment with possession of pseudoephedrine in an altered state, a felony. Defendant pled nolo contendere to attempt to possess pseudoephedrine in an altered state and was sentenced to one to three years' imprisonment. Defendant appealed, challenging the circuit court's denial of his motion to dismiss. The Supreme Court vacated Defendant's conviction, holding that the circuit court erred when it found that a factual basis existed for a plea to attempt to commit possession of pseudoephedrine in an altered state where the only evidence was Defendant's possession of completed methamphetamine. View "State v. Finley" on Justia Law

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The Supreme Court affirmed the judgment of the circuit court finding that Defendant had not been lawfully arrested without a warrant and thus reversing the decisions of the West Virginia Division of Motor Vehicles (DMV) to revoke Defendant's driver's license, holding that the circuit court did not err.A law enforcement officer arrested Defendant in his home without a warrant for a misdemeanor committed elsewhere. Rhe officer articulated no urgent need to arrest Defendant and admitted that he could have obtained a warrant from an impartial magistrate. The DMV applied evidence suggesting that Defendant might have driven while intoxicated from the scene of the misdemeanor to his home in three separate decisions revoking Defendant's driver's license. The circuit court reversed the revocation decisions, concluding that they were clearly wrong in light of the now-repealed W. Va. Code 17C-5A-2(f)(2). The Supreme Court affirmed, holding that the circuit court did not err in concluding that the DMV's suspension orders were founded upon an unlawful arrest. View "Frazier v. Briscoe" on Justia Law

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The Supreme Court affirmed in part and reversed in part the order of the circuit court denying motions to dismiss this tort action brought against correction officers Bryon Whetzel and Isaiah Blancarte and West Virginia Division of Corrections and Rehabilitation (DOC), holding that the circuit court erred in denying DOC's motion to dismiss Plaintiff's negligent training and supervision claim.Plaintiff asserted three claims against the officers, including failure to protect and deliberate indifference, and two claims against the DOC - failure to train and adequately supervise and vicarious liability for the violation of his clearly established rights under the Eighth Amendment. In denying Defendants' motions to dismiss, the Supreme Court concluded that Plaintiff alleged sufficient particularized facts to satisfy the heightened pleading requirement. The Supreme Court reversed in part, holding that the circuit court (1) did not err in denying the officers' motions to dismiss; (2) did not err in denying DOC's motion to dismiss the vicarious liability count; but (3) erred in denying DOC's motion to dismiss the negligent training and supervision count because the allegations in the complaint were insufficient to deprive DOC of the immunity from suit that otherwise attaches to its discretionary functions of training and supervising employees. View "W. Va. Division of Corrections & Rehabilitation v. Robbins" on Justia Law

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The Supreme Court affirmed in part and reversed in part Defendant's conviction of attempted murder in the second degree and other crimes, holding that the principles of double jeopardy were violated by Defendant's convictions for brandishing a deadly weapon and wanton endangerment involving Deputy Coty Pierson.Defendant was convicted of, among other crimes, two counts of wanton endangerment, one involving Deputy Pierson and the other involving Jeffrey Barnhouse, and brandishing a deadly weapon. The Supreme Court reversed in part and remanded the case for resentencing, holding (1) the jury verdict finding Defendant guilty of malicious assault on a law enforcement officer should not be set aside; (2) it was plain error for Defendant to have been convicted and sentenced for brandishing and wanton endangerment of Deputy Pierson because those crimes were lesser included offenses of the offense of malicious assault on a law enforcement officer; and (3) the trial court did not favor the State during Defendant's trial. View "State v. Ward" on Justia Law