REG'L JAIL AND CORR. FACILITY AUTH. v. A.B.

No. 13-0037.

766 S.E.2d 751 (2014)

WEST VIRGINIA REGIONAL JAIL AND CORRECTIONAL FACILITY AUTHORITY, an agency of the State of West Virginia, Defendant Below, Petitioner v. A.B., Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Submitted Upon Rehearing June 10, 2014.

Decided October 31, 2014.

Concurring Opinion of Justice Benjamin November 18, 2014.


Attorney(s) appearing for the Case

M. Andrew Brison, Esq. , Anspach Meeks Ellenberger LLP, Charleston, WV, for Petitioner.

Lonnie C. Simmons, Esq. , Ditrapano, Barrett, Dipiero, McGinley & Simmons, PLLC, Charleston, WV, David M. Hammer, Esq. , Hammer, Ferretti & Schiavoni, Martinsburg, WV, for Amicus Curiae.

American Civil Liberties Union of West Virginia Foundation, National Association for Women, National Association Of Social Workers, West Virginia Division, West Virginia Council of Churches, West Virginia Employment Lawyers Association, WV Free, and West Virginia Association for Justice.

Kerry A. Nessel, Esq. , The Nessel Law Firm, Michael A. Woelfel, Esq. , Huntington, WV, for Respondent.


The West Virginia Regional Jail and Correctional Facility Authority (hereinafter "the WVRJCFA") appeals the December 3, 2012, order of the Circuit Court of Kanawha County denying its motion for summary judgment on qualified immunity grounds. The circuit court found that the WVRJCFA was not entitled to qualified immunity because...

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