195 W. Va. 272 - Clark v. Dunn’s Empirical Analysis
1995
Citation profile
30 state decisions
How this case has been cited
Cited by 32 later decisions — most recently January 2018 · most notably 198 W. Va. 139 - Hutchison v. City of Huntington (1996), 199 W. Va. 161 - Parkulo v. West Virginia Board of Probation & Parole (1997)
30 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 42 U.S.C. § 1983 (Civil Rights Act of 1871 / Section 1983 (Ku Klux Klan Act))
Relies on Monell v. Department of Social Services of City of New York · Harlow v. Fitzgerald · Pembaur v. City of Cincinnati · 172 W. Va. 743 - Pittsburgh Elevator Co. v. West Virginia Board of Regents · 146 W. Va. 619 - Petros v. Kellas
Most-quoted passages
The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 32 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“4. -If a public officer, is either authorized or required, in the exercise of his judgment- and discretion, to make a decision and to perform acts in the making of that decision, and the decision and acts are within; the scope of his duty, authority, and jurisdiction, he is not liable for negligence or other error in the making of that decision, at the suit of a private 'individual claiming to. have been damaged thereby. 6. In the absence of an insurance contract waiving the defense, the doctrine of qualified or official immunity bars a claim of mere negligence against a State agency not within the purview 'of the West Virginia Governmental Tort Claims and Insurance Reform Act, W.Va.Code § 29-12A-1 ei seq., and against an officer of that department acting within the scope of his or her employment, with respect to the discretionary judgments, decisions, and actions of the officer.”
4 later decisions quote this exact passage“In the absence of an insurance contract waiving the defense, 19 the doctrine of qualified or official immunity bars a claim of mere negligence against a State agency not within the purview of the West Virginia Governmental Tort Claims and Insurance Reform Act, W. Va.Code § 29-12A-1 et seq., and against an officer of that department acting within the scope of his or her employment, with respect to the discretionary judgments, decisions, and actions of the officer.”
3 later decisions quote this exact passage““the thrust of any attempt to establish liability against a public official is the violation of some duty attendant to the official’s office and a resulting harm to the plaintiff. This analysis essentially adopts the common law tort concept that liability results from the violation of a duty owed which was a proximate cause of the plaintiffs injury. See, e.g., Parsley v. General Motors Acceptance Corp., 167 W.Va. 866 , 280 S.E.2d 703 (1981); Atkinson v. Harman, 151 W.Va. 1025 , 158 S.E.2d 169 (1967). The one difference in [qualified] immunity cases is that the official’s act must be shown to have violated clearly established law of which a reasonable person would have known.””
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.