Jarvis v. WEST VIRGINIA STATE POLICE

BENJAMIN, Justice:

The appellants, West Virginia State Police and State Troopers D.M. Nelson, A.S. Per-due, and C.E. Akers, appeal the August 4, 2009 order of the Circuit Court of Kanawha County that denied the appellants’ motion to dismiss a complaint filed against them by the appellees, Betty Jarvis and Wanda Carney, alleging claims for retaliatory prosecution and negligence. For the reasons explained below, we reverse the circuit court’s order.

I

FACTS

In 2004, the West Virginia State Police, an appellant herein, began conducting a major drug enforcement investigation in Mingo County. In…