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STATE EX REL. WEST VIRGINIA ATTORNEY-GENERAL, MEDICAID FRAUD CONTROL UNIT v. BALLARD

No. 22-779, No. 22-781.

895 S.E.2d 159 (2023)

STATE of West Virginia ex rel. West Virginia Attorney-General, Medicaid Fraud Control Unit; and Nathan R. Lyle, in His Individual Capacity, and in His Capacity as an Employee of the West Virginia Attorney-General Medicaid Fraud Control Unit, Petitioners, v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanawha County; and Hisel Bailey, Respondents. West Virginia Attorney-General, Medicaid Fraud Control Unit; and Nathan R. Lyle, in His Individual Capacity, and in His Capacity as an Employee of the West Virginia Attorney-General, Medicaid Fraud Control Unit, Defendants Below, Petitioners, v. Hisel Bailey, Plaintiff Below, Respondent.

Supreme Court of Appeals of West Virginia.

Filed: November 9, 2023.

Attorney(s) appearing for the Case

Michael D. Dunham, Esq. , Caleb B. David, Esq. , Tyler L. Rittenhouse, Esq. , Shuman McCuskey Slicer PLLC, Charleston, West Virginia, Attorneys for the Petitioners.

John J. Brewster, Esq. , Scott H. Kaminski, Esq. , Ray, Winton & Kelley, PLLC, Charleston, West Virginia, Attorneys for Respondent. Hisel Bailey.

In these consolidated proceedings, the West Virginia Attorney General's Medicaid Fraud Control Unit ("MFCU") and Nathan R. Lyle, a MFCU investigator, seek review of the circuit court's denial of their motion to dismiss certain claims alleged in a civil rights action brought by Mr. Hisel Bailey. In case number 22-779, MFCU and Mr....

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