City of Saint Albans v. Botkins

McHUGH, Justice:

In this interlocutory appeal of the November 5, 2010, order of the Circuit Court of Kanawha County,1 the defendants below— the City of Saint Albans, B.L. Tagayun and A.C. Truitt2 (hereinafter collectively referred to as the trial court’s refusal to grant summary judgment on qualified immunity grounds. The underlying civil complaint filed by David A. Bot-kins (hereinafter “Mr. Botkins” or “Appel-lee”) included the allegation that his civil rights had been violated due to the use of excessive force by municipal law enforcement officers. In response, Appellants raised the defense…