Hutchison v. City of Huntington

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

• holding that “[t]here is no dispute . . . that a private cause of action exists where state government, or its entities, cause injury to a citizen by denying due process.”
• holding that “unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition.”
• explaining that “assertion of qualified or absolute immunity should be heard and resolved prior to any tidal”
• acknowledging that “[o]rdinarily, this Court does not entertain nor discuss a denial of a motion for failure to state a claim under W. Va. R. Civ. P. Rule 12(b)(6), in that such an order is interlocutory in nature”
• analogizing a claim under article 3, section 10 of the state constitution to § 1983
• “[I]n civil actions where immunities are implicated, the trial court must insist on heightened pleading by the plaintiff.”

Source: CourtListener parenthetical corpus (CC0).