Hess v. West Virginia Division of Corrections
705 S.E.2d 125
W. Va.2010Background
- Hess, an inmate at Stevens Correctional Center, alleged injuries from a Jan. 2007 slip-and-fall in stagnant water.
- He claimed DOC was negligent in staffing Stevens, ensuring prisoner safety, and remedying unsafe conditions.
- Hess filed suit Jan. 6, 2009, in Kanawha County Circuit Court seeking damages.
- DOC moved to dismiss arguing qualified immunity and failure to exhaust remedies; circuit court denied.
- Appellant appeals under Robinson v. Pack; the court affirmed, allowing factual development before ruling on immunity.
- Hess’s complaint touches discretionary administrative acts; insurance policy did not waive immunity.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does qualified immunity bar Hess’s negligence claim? | Hess argues immunity does not apply. | Doe argues immunity bars suit for discretionary acts. | Yes, partially; immunity may bar some claims, with factual development needed. |
| Does insurance armor waive qualified immunity? | Hess argues policy waives immunity via insurance. | Policy does not waive immunity. | No waiver; immunity remains intact. |
| Do Hess’s allegations involve discretionary policy-making acts? | Allegations touch staffing, safety, and unsafe conditions. | Only some acts involve policy-making. | Not clearly established; remand for facts. |
| Is the appellate review proper at this stage? | Interlocutory appeal permitted for qualified-immunity denial. | Appeal authorized under Robinson decision. | Affirmed denial; remanded for factual development. |
Key Cases Cited
- Clark v. Dunn, 195 W. Va. 272, 465 S.E.2d 374 (1995) (qualified immunity for discretionary acts; statutory/conceptual limits)
- Robinson v. Pack, 223 W. Va. 828, 679 S.E.2d 660 (2009) (interlocutory appeal of immunity ruling; discretionary functions shielded)
- Chase Sec., Inc., 188 W. Va. 356, 424 S.E.2d 591 (1992) (Harlow-based test for discretionary official immunity)
- Parkulo v. West Virginia Board of Probation and Parole, 199 W. Va. 161, 483 S.E.2d 507 (1996) (insurance policy waiver analysis for immunity; Parkulo framework)
- Harlow v. Fitzgerald, 457 U.S. 800, 102 S. Ct. 2727, 73 L. Ed. 2d 396 (1982) (test: officials shielded unless violation of clearly established rights)