State ex rel. City of Bridgeport v. Judge Marks

May 28, 2014 by Justia

Respondent, a towing service, filed suit against Petitioners, the police department, police chief, and city manager, alleging that Petitioners violated W. Va. Code 24-6-12 by not using the towing rotation list adopted by the county commission. Petitioners sought to dismiss the case on statutory immunity grounds. The trial court denied the motion to dismiss without addressing the issue of immunity. Petitioners requested a writ of prohibition, arguing that they were immune from prosecution based on the West Virginia Governmental Tort Claims and Insurance Reform Act. The Supreme Court granted the requested writ of prohibition, holding that Petitioners were entitled to legislative immunity in this case. View "State ex rel. City of Bridgeport v. Judge Marks" on Justia Law