W. Va. State Police v. Hughes

Plaintiffs, the daughters and wife of the decedent, filed an action against the State Police, alleging that State Police employees were liable for the wrongful death of the decedent and that they negligently or recklessly mishandled the decedent’s remains. The State police filed a motion for summary judgment, arguing that the actions of the State Police employees were discretionary acts protected by the doctrine of qualified immunity. The circuit court denied the motion, determining (1) the duties of the State Police employees were not discretionary but, rather, were ministerial; and (2) the employees had taken on a special duty toward Plaintiffs and, therefore, could be liable for negligently breaching that duty. The Supreme Court reversed, holding that the State Police was entitled to qualified immunity to protect the discretionary acts of its employees. Remanded for entry of summary judgment in favor of the State Police and its employees. View "W. Va. State Police v. Hughes" on Justia Law