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FIELDS v. MELLINGER

No. 20-0183.

851 S.E.2d 789 (2020)

Cody Ryan FIELDS, Petitioner v. Ross H. MELLINGER, Individually and in His Capacity as a Deputy with the Jackson County, West Virginia, Sheriff's Department; Tony Boggs, Individually and in His Capacity as the Sheriff of Jackson County, West Virginia; and the Jackson County Commission d/b/a the Jackson County Sheriff's Department, Respondents.

Supreme Court of Appeals of West Virginia.

Filed: November 18, 2020.

Attorney(s) appearing for the Case

Lonnie C. Simmons , Luca D. DiPiero , DiPiero Simmons McGinley & Bastress, PLLC, Charleston, West Virginia, Michael T. Clifford , Charleston, West Virginia, Attorneys for the Petitioner.

Wendy E. Greve , Drannon L. Adkins , Pullin, Fowler, Flanagan, Brown & Poe, PLLC, Charleston, West Virginia, Attorneys for the Respondents.

The United States District Court for the Southern District of West Virginia presents the following certified question for resolution by this Court: "Does West Virginia recognize a private right of action for monetary damages for violations of Article III, Section 6 of the West Virginia Constitution?" We have considered the parties...

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