W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, Administratrix

Justice Ketchum:

In this appeal from the Circuit Court of Berkeley County, we apply the doctrine of qualified immunity. The plaintiffs contend that several West Virginia State Police employees were negligent in their duties. Under the doctrine of qualified immunity, state government employees are immune for negligent acts committed in the exercise of discretion; government employees can be liable only if their actions violate some clear legal or constitutional right. The doctrine shields officials from harassment, distraction, and liability when they exercise their discretion within the bounds…