Jeffrey v. West Virginia Department of Public Safety, Division of Corrections

These two cases involve essentially the same question, that is, whether the appellants, whose decedents were murdered as a result of the potential negligence of the ap-pellees, may maintain actions against the ap-pellees, in spite of the fact that the appellees were agents, officers, or employees of the State of West Virginia, and were acting in official capacities at the time of their potential negligence. The circuit courts concluded that the appellants could not maintain the actions because of the “Public Duty Doctrine.” Consequently, the circuit courts dismissed the actions.

FACTUAL…