West Virginia Department of Health & Human Resources v. Payne
746 S.E.2d 554
W. Va.2013Background
- The case is a West Virginia Supreme Court of Appeals decision reversing a Kanawha County Circuit Court order denying summary judgment on qualified immunity for DHHR agencies.
- Plaintiffs Gregory Payne and Betty Jo Payne claim the DHHR defendants negligently monitored, enforced, and licensed a behavioral health facility (DEAF) where Payne died after choking.
- Payne died in February 2007 at the DEAF West Sattes site; investigations revealed deficient care, no modified diet, untrained staff, poor documentation, and delayed emergency response.
- DEAF’s license was previously revoked in 2006, provisionally reinstated, then renewed; a plan of correction was required and monitored by OHFLAC/DHHR.
- The circuit court denied summary judgment on qualified immunity, ruling there were disputed facts about whether the DHHR actions were discretionary and thus immune.
- The Court held that the DHHR defendants were entitled to qualified immunity as to both negligent monitoring/enforcement and negligent licensure claims and remanded for entry of summary judgment dismissing the action against them.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether DHHR am I entitled to qualified immunity for negligent monitoring/enforcement | Paynes argue DHHR negligently oversaw DEAF | DHHR acted within discretionary regulatory duties | Yes; qualified immunity applies |
| Whether DHHR am I entitled to qualified immunity for negligent licensure | Paynes assert licensing decisions violated clearly established law | Licensing is discretionary; immunity applies absent clearly established law violation | Yes; qualified immunity applies |
Key Cases Cited
- Clark v. Dunn, 195 W. Va. 272 (1995) (discretionary immunity for official acts; coterminous state immunity)
- Hutchison v. City of Huntington, 198 W. Va. 139 (1996) (immunity generally ripe for summary disposition absent foundational facts)
- State v. Chase Securities, Inc., 188 W. Va. 356 (1992) (discretionary vs ministerial acts; clearly established law standard)
- Parkulo v. West Virginia Bd. of Probation and Parole, 199 W. Va. 161 (1999) (state immunity on a case-by-case basis; discretionary decisions analyzed)
- Findley v. State Farm Mut. Auto. Ins. Co., 213 W. Va. 80 (2002) (de novo review of summary judgment for proper appellate review)
- Robinson v. Pack, 223 W. Va. 828 (2009) (collateral order doctrine; interlocutory appeal of qualified immunity ruling)