96 results for 'court:"USDC Southern District of West Virginia"'.
J. Chambers grants the modular home manufacturing company’s request in its complaint to compel arbitration in the Putnam County couple’s claim of defects in the construction of their home, finding any decision on whether the parties satisfied the mediation prerequisite in the sales agreement is one for the arbitrator to decide. Since he was neither a signatory nor an indispensable party to the contract, the court grants the husband’s motion to dismiss himself from the suit.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: June 26, 2023, Case #: 3:22cv504, NOS: Arbitration - Other Suits, Categories: Arbitration, Housing, Business Practices
J. Berger grants the Dunbar police officer’s motion for summary judgment in a couple’s suit claim civil rights violations when the officer acted on a tip from his lieutenant to check on suspicious activity at the couple’s home, and after finding probable cause to search the home for marijuana, served them with a warrant that contained erroneous information. The court finds the officer’s “failure to deliver the correct warrant or a warrant free of errors does not rise to a violation of the [couple’s] Fourth Amendment rights.”
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 12, 2023, Case #: 2:22cv230, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government
J. Berger grants the City of Oak Hill and two of its police officer’s motion to dismiss the motorcyclist’s civil rights lawsuit accusing the officers of continuing to pursue him outside the city limits at speeds of up to 100 mph after dispatch ordered them to cease, causing him permanent injuries when the officers did not first call paramedics after he wrecked his motorcycle in a ditch, ending the pursuit. Determining there is “no clearly established precedent establishing that officers must refrain from moving an injured person prior to arrival of first responders with more medical training,” the court finds the officers are protected by qualified immunity. Absent an underlying constitutional violation, the motorcyclist’s municipal liability claim against the city cannot survive.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: June 5, 2023, Case #: 2:23cv69, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Immunity
J. Berger overrules the automotive manufacturer’s objections and adopts the magistrate judge’s report finding the company failed to meet its discovery obligations which not only caused discovery to be reopened, but also prevented a “good faith, productive mediation” in the New York resident’s suit over injuries he and his son sustained in 2020 after crashing their utility terrain vehicle. The court concurs that the manufacturer’s conduct is so egregious as to impose monetary sanctions against it for the legal fees and expenses the resident incurred associated with pursing his motion as well as a jury instruction prior to trial.
Court: USDC Southern District of West Virginia, Judge: Berger, Filed On: May 31, 2023, Case #: 2:21cv501, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Sanctions, Product Liability, Discovery
J. Faber grants the Mercer County Sheriff’s Department’s motion for summary judgment in a woman’s civil rights lawsuit claiming a deputy used excessive force when he placed handcuffs on her too tight while transporting her from jail to court for an appeal hearing on her misdemeanor conviction for domestic battery. The court finds the deputy is entitled to qualified immunity since the “court has not located nor have the parties pointed to a single case that would have put [the deputy] on notice that his refusal to loosen Pennington’s handcuff would violate her
constitutional rights.”
Court: USDC Southern District of West Virginia, Judge: Faber, Filed On: May 23, 2023, Case #: 1:21cv335, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Constitution, Police Misconduct
Want access to unlimited case records and advanced research tools? Create your free CasePortal account now. No credit card required to register.
Try CasePortal for Free
J. Chambers grants in part and denies in part the Wayne County municipality’s and two of its police officers’ motion for summary judgment in a mother’s civil rights suit claiming her son died due to head trauma following the officers’ excessive use of force. The court finds sufficient material issues of facts for a jury to decide whether one of the officers had probable cause to believe the decedent posed a threat of serious harm to him and as to whether the officer’s actions were reasonable, and on the state law claim against the chief of police for spoliation of evidence.
Court: USDC Southern District of West Virginia, Judge: Chambers, Filed On: May 19, 2023, Case #: 3:21cv197, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Government, Police Misconduct