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CITY OF SAINT ALBANS v. BOTKINS

No. 101596.

719 S.E.2d 863 (2011)

CITY OF SAINT ALBANS, A West Virginia Municipal Corporation and B.L. Tagayun and A.C. Truitt, Defendants Below, Petitioners v. David A. BOTKINS, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Decided November 23, 2011.

Attorney(s) appearing for the Case

Duane J. Ruggier, II , David A. Holtzapfel , Pullin, Fowler, Flanagan, Brown & Poe, Charleston, WV, for Petitioners.

Michael T. Clifford , Law Office of Michael T. Clifford, Charleston, WV, for Respondent.

McHUGH, Justice:

In this interlocutory appeal of the November 5, 2010, order of the Circuit Court of Kanawha County,1 the defendants below— the City of Saint Albans, B.L. Tagayun and A.C. Truitt2 (hereinafter collectively referred to as "Appellants")—challenge the trial court's refusal to grant summary judgment on qualified immunity grounds. The underlying civil complaint filed by David A. Botkins...

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