Pruitt v. West Virginia Department of Public Safety

MAYNARD, Chief Justice:

The plaintiffs below and appellants herein appeal the November 29, 2006, order of the Circuit Court of Kanawha County to the extent that the order granted summary judgment in favor of defendant below and appel-lee herein, the West Virginia Department of Public Safety. The appellants had filed a suit alleging various federal and state claims against the Department and a state trooper employed by the Department arising from the trooper’s fatal shooting of the appellants’ family member. For the reasons stated below, we affirm in part, reverse in part, and remand.

I

FACTS

On…