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CLARK v. DUNN

No. 22767.

465 S.E.2d 374 (1995)

195 W.Va. 272

Dale CLARK, Terry Clark, Individually, and Felicia Clark and Kayla Clark, By and Through Their Mother and Next Friend, Terry Clark, Plaintiffs Below, Appellants, v. Terry DUNN and the Department of Natural Resources, Defendants Below, Appellees.

Supreme Court of Appeals of West Virginia.

Decided October 30, 1995.

Attorney(s) appearing for the Case

M. Andrew Brison, Charles Phalen, Jr., Mitchell & Murray, Charleston, for Appellant.

Stephen P. McGowan, Jan L. Fox, Jeffrey K. Phillips, Steptoe & Johnson, Charleston, for Appellees.

ALBRIGHT, Justice:

The appellant, Dale Clark, asks this Court to reverse the March 18, 1994 order of the Circuit Court of Kanawha County, West Virginia, which granted summary judgment for the appellees, Conservation Officer Terry Dunn and the West Virginia Department of Natural Resources. The lower court determined Officer Dunn was a public official entitled to qualified immunity for discretionary actions performed within...

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