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WEST VIRGINIA STATE POLICE v. HUGHES

No. 15-0691.

796 S.E.2d 193 (2016)

WEST VIRGINIA STATE POLICE, Corporal R.D. Eshbaugh, Corporal Z.L. Nine, and Trooper First Class J.D. See, Defendants below, Petitioners v. Victoria HUGHES, individually and as the administratrix of the estate of Walter N. Hughes, Kristina Arntz, Kristal Hughes, and Kristie Canfield, Plaintiffs below, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: January 26, 2016.

Attorney(s) appearing for the Case

Michael D. Muffins, Esq. , Robert L. Bailey, Esq. , Steptoe & Johnson PLLC, Charleston, West Virginia, Tracey B. Eberling, Esq. , Steptoe & Johnson PLLC, Martinsburg, West Virginia, Counsel for the Petitioners.

Harry P. Waddell, Esq. , Martinsburg, West Virginia, Counsel for the Respondents.

In this appeal from the Circuit Court of Berkeley County, we apply the doctrine of qualified immunity. The plaintiffs contend that several West Virginia State Police employees were negligent in their duties. Under the doctrine of qualified immunity, state government employees are immune for negligent acts committed in the exercise...

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