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WEST VIRGINIA DHHR v. PAYNE

No. 11-1701.

746 S.E.2d 554 (2013)

The WEST VIRGINIA DEPARTMENT OF HEALTH AND HUMAN RESOURCES; The West Virginia Office of Behavioral Health Services; The West Virginia Bureau for Medical Services; and The West Virginia Office of Health Facility Licensure and Certification, Defendants Below, Petitioners v. Gregory PAYNE, individually and as Executor of the Estate of Craig Allen Payne, and Betty Jo Payne, individually, Plaintiffs Below, Respondents.

Supreme Court of Appeals of West Virginia.

Decided: June 12, 2013.

Attorney(s) appearing for the Case

M. Andrew Brison, Esq. , Joshua R. Martin, Esq. , Allen, Kopet & Associates, PLLC, Charleston, WV, for Petitioners.

William C. Forbes, Esq. , W. Jesse Forbes, Esq. , Forbes Law Offices, PLLC, Charleston, WV, for Respondents.

WORKMAN, Justice:

The West Virginia Department of Health and Human Resources ("DHHR"), Office of Behavior Health Services ("BHS"), Bureau for Medical Services ("BMS"), and Office of Health Facility Licensure and Certification ("OHFLAC") (hereinafter collectively "DHHR defendants") appeal the November 10, 2011, order of the Circuit Court of Kanawha County, denying their motion for summary judgment on qualified immunity grounds. On appeal, the DHHR defendants contend...

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