Jarvis v. WEST VIRGINIA STATE POLICE
227 W. Va. 472
W. Va.2010Background
- In 2004 WV State Police began a major drug enforcement investigation in Mingo County; Carla Collins cooperated with the police and was later killed.
- Valerie Friend murdered Collins in 2005, directed by George Lecco; federal charges followed against several individuals.
- Appellee Wanda Carney and Betty Jarvis assisted counsel for the defense; both were later indicted for obstructing a police officer and conspiracy to obstruct.
- The State relied on witnesses alleging the appellees hindered the investigation, made derogatory remarks to a witness, and removed items from a house tied to the case.
- A jury convicted Carney and Jarvis in 2006; this Court later reversed for insufficiency of evidence; convictions were not considered unlawful at that stage.
- Appellees sued the WV State Police for retaliatory prosecution and negligence; the circuit court denied motions to dismiss.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether a retaliatory-prosecution claim requires no probable cause | Jarvis/Carney argue Mt. Healthy standard applies (no probable cause not required). | State Police contend Hartman v. Moore requires absence of probable cause to prove causation. | No probable cause required; absence of probable cause needed |
| Whether a grand jury indictment is prima facie evidence of probable cause | Indictment may be rebutted; need jury fact-finding on probable cause. | Indictment is prima facie evidence; may rebut with fraud or misconduct. | Indictment is prima facie evidence; may be rebutted by fraud or misconduct |
| Whether State Police defendants have qualified immunity on negligence claim | Qualified immunity does not apply to simple negligence. | Qualified immunity bars negligent claims against state officers absent insurance waiver. | Qualified immunity bars negligence claims; reversed on this point |
Key Cases Cited
- Hartman v. Moore, 547 U.S. 250 (U.S. 2006) (requires absence of probable cause in retaliatory prosecution actions)
- Mt. Healthy City Bd. of Educ. v. Doyle, 429 U.S. 274 (U.S. 1977) (burden on plaintiff to show protected conduct and motivating factor; defendant must show same decision would occur absent protected conduct)
- Moore v. Hartman, 571 F.3d 62 (D.C. Cir. 2009) (grand jury indictment is prima facie evidence of probable cause; may be rebutted)
- Haddad v. Railway Co., 77 W.Va. 710 (W. Va. 1916) (conviction evidence constitutes probable cause unless fraud; malice standard)
- McNair v. Erwin, 84 W.Va. 250 (W. Va. 1919) (presumption that prosecution is founded on probable cause)
- Lyons v. Coal Co., 75 W.Va. 739 (W. Va. 1915) (malicious prosecution elements include lack of reasonable or probable cause)
- Croston v. Emax Oil Co., A Virginia Corp., 195 W.Va. 86 (W. Va. 1995) (requirement to plead fraud with particularity under Rule 9(b))