West Virginia Department of Health & Human Resources v. Payne

WORKMAN, Justice:

The West Virginia Department of Health and Human Resources (“DHHR”), Office of Behavior Health Services (“BHS”), Bureau for Medical Services (“BMS”), and Office of Health Facility Licensure and Certification (“OHFLAC”) (hereinafter collectively “DHHR defendants”) appeal the November 10, 2011, order of the Circuit Court of Kana-wha County, denying their motion for summary judgment on qualified immunity grounds. On appeal, the DHHR defendants contend that the circuit court erred in finding that genuine issues of material fact existed as to whether the actions of the DHHR…