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JARVIS v. WEST VIRGINIA STATE POLICE

No. 35444.

711 S.E.2d 542 (2010)

Betty JARVIS, Plaintiff Below, Appellee v. WEST VIRGINIA STATE POLICE, D.M. Nelson, A.S. Perdue, and C.E. Akers, Defendants Below, Appellants and Wanda Carney, Plaintiff Below, Appellee v. West Virginia State Police, D.M. Nelson, A.S. Perdue, and C.E. Akers, Defendants Below, Appellants.

Supreme Court of Appeals of West Virginia.

Decided November 18, 2010.

Attorney(s) appearing for the Case

Michael D. Mullins, Esq. , Robert L. Bailey, Esq. , Steptoe & Johnson, Charleston, WV, for Appellants.

Lonnie C. Simmons, Esq. , Robert M. Bastress, III, Esq. , DiTrapano, Barrett & Dipiero, Charleston, WV, for Appellees.

BENJAMIN, Justice:

The appellants, West Virginia State Police and State Troopers D.M. Nelson, A.S. Perdue, and C.E. Akers, appeal the August 4, 2009 order of the Circuit Court of Kanawha County that denied the appellants' motion to dismiss a complaint filed against them by the appellees, Betty Jarvis and Wanda Carney, alleging claims for retaliatory prosecution and negligence. For the reasons explained below, we reverse the circuit court's order.

I.

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