852 S.E.2d 773
W. Va.2020Background
- Decedent Cody Grove died by suicide on December 8, 2015 while incarcerated at Eastern Regional Jail, operated by the West Virginia Regional Jail and Correctional Facility Authority (WVRJCA).
- The Estate sued WVRJCA and correctional officer Joshua Zombro alleging Grove was on suicide/medical watch, that staff (including Zombro) missed required checks, and asserting constitutional violations, negligence (hiring, training, supervision, retention), wrongful death, emotional distress, and injunctive relief.
- Defendants moved to dismiss asserting qualified immunity, sovereign immunity/state‑actor status, lack of pre‑suit notice, and that punitive damages do not apply to a government agency.
- After amendment of the complaint, the circuit court denied defendants’ Rule 12(b)(6) motions, applying a general notice‑pleading standard and finding the amended complaint sufficient to put defendants on notice.
- The Supreme Court held the circuit court erred by failing to apply the heightened pleading standard required when qualified immunity is implicated and by not conducting the required qualified‑immunity analysis; it reversed and remanded with instructions to apply the heightened standard, decide qualified immunity, determine WVRJCA’s state‑agency status if necessary, and address punitive damages.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Pleading standard when qualified immunity is raised | Estate: notice pleading suffices; complaint gives fair notice | WVRJCA/Zombro: heightened pleading required where immunity asserted | Court: heightened pleading required; circuit court misapplied notice pleading; reversed |
| Whether qualified immunity bars the claims | Estate: facts alleged defeat immunity (missed checks, training/supervision failures; constitutional violations) | Defendants: entitled to immunity; complaint lacks specific factual allegations to show violation of clearly established law | Court: circuit court failed to perform required qualified immunity analysis; remand to apply heightened pleading and analyze immunity under WV precedent |
| Whether WVRJCA is a State agency (and effect on claims) | Estate conceded WVRJCA is a state agency for this appeal | WVRJCA: is a state agency and thus immune absent waiver; not subject to punitive damages | Court: prior circuit finding and Estate concession make WVRJCA a state agency as law of the case, but remand should address related issues including immunity and punitive damages where applicable |
| Punitive damages against WVRJCA | Estate: initially sought punitive damages (later conceded WVRJCA not subject for appeal) | WVRJCA: not subject to punitive damages as a government agency | Court: instructed circuit court on remand to determine whether punitive damages are permissible in light of statutory prohibition against awarding punitive damages against government agencies |
Key Cases Cited
- West Virginia Board of Education v. Marple, 236 W. Va. 654, 783 S.E.2d 75 (interlocutory appeal permitted for denial of qualified immunity)
- Ewing v. Board of Education of County of Summers, 202 W. Va. 228, 503 S.E.2d 541 (de novo review of denial of motion to dismiss)
- Clark v. Dunn, 195 W. Va. 272, 465 S.E.2d 374 (qualified immunity bars negligence claims against State agency absent insurance waiver)
- West Virginia Regional Jail & Correctional Facility Authority v. A.B., 234 W. Va. 492, 766 S.E.2d 751 (framework for analyzing discretionary acts and clearly established rights in immunity context)
- Hutchison v. City of Huntington, 198 W. Va. 139, 479 S.E.2d 649 (trial courts must insist on heightened pleading when immunities are implicated)
- Mitchell v. Forsyth, 472 U.S. 511 (qualified immunity is entitlement not to stand trial)
- Riffle v. C.J. Hughes Constr. Co., 226 W. Va. 581, 703 S.E.2d 552 (limitations on considering matters outside the pleadings on Rule 12(b) motion)