Legal Opinion
Bill J. Crouch, Secretary, W. Va. Dept. of Health and Human Resources v. Eric Gillispie, Administrator
West Virginia Supreme Court
Decided January 31, 2018No. 17-0025PublishedCited by 8 opinions
1Opinion of the Court
WALKER, Justice:
Eric Gillispie, administrator of his daughter's estate, filed a wrongful death action against the West Virginia Department of Health and Human Resources (DHHR). Mr. Gillispie contends that DHHR's investigation of allegations made about the care of his daughter was not sufficiently thorough. DHHR contends, among other things, that the circuit court should have granted its motion for summary judgment on the basis of qualified immunity because the complained-of conduct involved discretionary functions and there was no violation of a clearly established statutory or constitutional…
2Cases cited14 opinions
- Anderson v. CreightonSupreme Court of the United States · 1987
- Forrester v. WhiteSupreme Court of the United States · 1988
- Westfall v. ErwinSupreme Court of the United States · 1988
- Hutchison v. City of HuntingtonWest Virginia Supreme Court · 1996
- West Virginia Regional Jail & Correctional Facility Authority v. A.B.West Virginia Supreme Court · 2014
9 more not listed; retrieve them via the Exa API.
3Cited by8 opinions
- B.R. v. West Virginia Department of Health and Human Resources, Bureau for Children and Families, and Child Protective ServicesIntermediate Court of Appeals of West Virginia · 2024
- Jason Moorhead v. West Virginia Army National Guard and West Virginia Mountaineer Challenge AcademyWest Virginia Supreme Court · 2025
- R.D. and K.D. v. WV Department of Health and Human ResourcesWest Virginia Supreme Court · 2018
- Selwyn Vanderpool v. West Virginia DHHRWest Virginia Supreme Court · 2020
- Tearria and Clinton Simmons, Individuals, their children, A.B.P., O.S.S., and R.T.S., by and through their mother, and Billy Lee Coram, an individual, pro se v. City of Hurricane, a municipality, Scott Edwards, Mayor of the City of Hurricane, in his individual capacity, Chief Michael Mullins, Chief of Hurricane Police Department, in his individual capacity, Corporal Brett Johnson, Patrolman, W.D. Allen, Patrolman Payton Carr, Sergeant Makenzie White, Detective Jonathan Payne, and Officer John Does 1-10, inclusive, in their individual capacities, and Alyson Denison, a worker for Child Protective Services, in her individual capacityDistrict Court, S.D. West Virginia · 2026
3 more not listed; retrieve them via the Exa API.