Legal Opinion
Kevin McCourt v. Miguel Angel Delgado
West Virginia Supreme Court
Decided April 24, 2019No. 17-0327 & 17-0328PublishedCited by 7 opinions
1Opinion of the Court
WORKMAN, Justice:
In these consolidated appeals, the petitioners (defendants below), David Ballard, Warden at Mount Olive Correctional Center ("MOCC"), 1 and Kevin McCourt, Jess Mattox, and Hobert Allen, correctional officers at MOCC (collectively the "petitioners"), appeal the Circuit Court of Kanawha County's March 9, 2017, order through which it denied their motions for summary judgment based on qualified immunity in this excessive force action brought under 42 United States Code § 1983 (2012) 2 (" § 1983"). The circuit court found that the petitioners were not entitled to summary judgment…
2Cases cited35 opinions
- Estelle v. GambleSupreme Court of the United States · 1976
- Farmer v. BrennanSupreme Court of the United States · 1994
- Harlow v. FitzgeraldSupreme Court of the United States · 1982
- Pearson v. CallahanSupreme Court of the United States · 2009
- Scott v. HarrisSupreme Court of the United States · 2007
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3Cited by7 opinions
- Administrator Larry Crawford, individually and in his official capacity, Captain Carl Aldridge, individually and in his official capacity, C.O. Paul Diamond, individually and in his official capacity, C.O. Don Vance, individually and in his official capacity, C.O. David Rodes, individually and in his official capacity, C.O. Joshua Scarberry, individually and in his official capacity, and The West Virginia Regional Jail and Correctional Facility Authority v. Michael A. McDonaldWest Virginia Supreme Court · 2023
- Marcum v. BaileyDistrict Court, S.D. West Virginia · 2020
- Marcum v. BaileyDistrict Court, S.D. West Virginia · 2020
- Northcraft v. West Virginia Division of Corrections and RehabilitationDistrict Court, S.D. West Virginia · 2021
- 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 v. The Honorable Kenneth D. Ballard, Judge of the Circuit Court of Kanwaha County, and Hisel Bailey, and 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 v. Hisel BaileyWest Virginia Supreme Court · 2023
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