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· 11/25/1992

State v. Chase Securities, Inc.

Citations

  • 424 S.E.2d 591
  • 188 W. Va. 356
  • 1992 W. Va. LEXIS 230

How courts have described this case

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

  • commenting that “litigation directed at state officials is most frequently brought pursuant to 42 U.S.C. § 1983”
  • stating that West Virginia’s “immunity test is designed to parallel the Supreme Court’s standard of qualified immunity for public officials in Section 1983 actions because in such actions we cannot extend a broader immunity”
  • stating that West Virginia’s “immunity test is designed to parallel the Supreme Court’s standard of qualified immunity for public officials in Section 1983 actions because in such actions we cannot extend a broader immunity”
  • stating “[t]here is no immunity for an executive official whose acts are fraudulent, malicious, or otherwise oppressive” (other citations omitted)
  • clarifying holding in Bennett as applicable only in qualified immunity cases
  • “Qualified or ‘good faith’ immunity is an affirmative defense that must be pleaded by a defendant official.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Miller

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.