Legal Opinion

Deputy J.K. Maston v. Thomas Jefferson Wagner

West Virginia Supreme Court

Decided November 10, 2015No. 14-1113PublishedCited by 50 opinions

1Opinion of the Court

KETCHUM, Justice:

In this appeal from the Circuit Court of Tyler County, a plaintiff contends that he was improperly arrested by a deputy sheriff and a state trooper. The plaintiff claims that a reasonable jury could find that the law enforcement officers arrested him without probable cause to do so, and that, they unreasonably used excessive force that injured him during the arrest, in violation of his constitutional and statutory rights. The law enforcement officers (and their employers) contend that their actions were protected by the doctrine of qualified immunity.

In an order dated…

2Cases cited36 opinions

  1. Harlow v. FitzgeraldSupreme Court of the United States · 1982
  2. Graham v. ConnorSupreme Court of the United States · 1989
  3. Pearson v. CallahanSupreme Court of the United States · 2009
  4. Scott v. HarrisSupreme Court of the United States · 2007
  5. Anderson v. CreightonSupreme Court of the United States · 1987

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3Cited by50 opinions

  1. W. Va. State Police, Corporal R.D. Eshbaugh v. Victoria Hughes, AdministratrixWest Virginia Supreme Court · 2017
  2. Bill J. Crouch, Secretary, W. Va. Dept. of Health and Human Resources v. Eric Gillispie, AdministratorWest Virginia Supreme Court · 2018
  3. Dreama Bowden, Administratrix v. Monroe Co. CommissionWest Virginia Supreme Court · 2017
  4. Kevin McCourt v. Miguel Angel DelgadoWest Virginia Supreme Court · 2019
  5. Addington v. BlakeDistrict Court, S.D. West Virginia · 2019

45 more not listed; retrieve them via the Exa API.

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