Tucker v. West Virginia Department of Corrections

This is an appeal by David Tucker, Sheriff of Kanawha County, acting as Administrator of the Estate of Reginald T. Seamon, Jr., from an order of the Circuit Court of Kana-wha County granting the West Virginia Department of Public Safety, Division of Corrections (which will hereafter be referred to as the “Division of Corrections” or “the Division”) and certain individual defendants summary judgment in a wrongful death action. The circuit court granted summary judgment on the ground that the defendants were agents of the State and that the action was barred by the so-called “public duty…