Legal Opinion

Osborne v. King

District Court, S.D. West Virginia

Decided March 24, 2008No. Civil Action 2:02-1250Published

1Opinion of the Court

MEMORANDUM OPINION AND ORDER

JOHN T. COPENHAVER, JR., District Judge.

Pending is defendants’ (the “defendants” or “judges”) motion for summary judgment, filed November 5, 2007.

I

On February 21, 1997, plaintiff Earl D. Osborne was appointed to the position of Home Incarceration Supervisor of the Kanawha County Home Incarceration Program. (Compl. at ¶ 1.) Osborne was employed by the County Commission of Kanawha County, with the approval of the judges, and supervised by former Sheriff Dave Tucker. (Id. at ¶ 2.) This somewhat unusual employment and oversight authority is mandated by West Virginia…

2Cases cited44 opinions

  1. Anderson v. Liberty Lobby, Inc.Supreme Court of the United States · 1986
  2. Celotex Corp. v. Catrett, Administratrix of the Estate of CatrettSupreme Court of the United States · 1986
  3. United States v. Diebold, Inc.Supreme Court of the United States · 1962
  4. Allen v. McCurrySupreme Court of the United States · 1980
  5. Exxon Mobil Corp. v. Saudi Basic Industries Corp.Supreme Court of the United States · 2005

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