Justia Government & Administrative Law Opinion Summaries

Petitioner, a sixteen-year-old, applied to the Mountaineer Challenge Academy (MCA) as an alternative to public high school. During the acclimation period, he injured his knee after exiting his bunk improperly. He was evaluated by medical personnel, placed on restricted duty, and later cleared for full duty. Subsequently, he was discharged from the program for noncompliance. Petitioner sued MCA and the West Virginia Army National Guard, alleging that their failure to enforce safety policies caused his injury and led to his unjust dismissal.The Circuit Court granted summary judgment in favor of the respondents, citing qualified immunity. The court found that the actions of the MCA staff involved discretionary functions and did not violate any clearly established statutory or constitutional rights. The Intermediate Court of Appeals affirmed this decision, agreeing that the cadre’s supervision fell within discretionary actions and that there was no violation of the petitioner’s right to an education or any statutory duty to supervise.The Supreme Court of Appeals of West Virginia reviewed the case de novo. The court held that the cadre’s actions were discretionary and protected by qualified immunity. It found no violation of clearly established rights or laws, as MCA is not part of the public school system and thus not subject to the same constitutional protections. The court also concluded that the petitioner failed to demonstrate that the respondents acted fraudulently, maliciously, or oppressively. Consequently, the court affirmed the lower courts' decisions, upholding the grant of summary judgment in favor of the respondents. View "Moorhead v. West Virginia Army National Guard" on Justia Law

A state agency, WorkForce West Virginia, and its Acting Commissioner, Scott A. Adkins, sought a writ of prohibition to prevent the enforcement of three orders issued by the Circuit Court of Kanawha County. These orders granted a writ of mandamus to the plaintiffs, denied WorkForce’s motion to dismiss, and allowed the plaintiffs to file a second amended complaint. The plaintiffs, who received unemployment benefits during the COVID-19 pandemic, alleged that WorkForce engaged in illegal collection activities by attempting to recover overpayments beyond the statutory time limits.The Circuit Court of Kanawha County ruled in favor of the plaintiffs, finding that WorkForce’s collection activities were time-barred by West Virginia Code § 21A-10-21, which imposes a two-year statute of limitations for recovering overpayments made due to error. The court also concluded that WorkForce could not determine overpayments due to nondisclosure or misrepresentation through its administrative process and must instead pursue such claims in circuit court. Based on this interpretation, the circuit court granted mandamus and injunctive relief, ordering WorkForce to cease its collection activities and comply with the statutory time limits.The Supreme Court of Appeals of West Virginia reviewed the case and found that the circuit court erred in its interpretation of the relevant statutes. The higher court concluded that the administrative process established by the Legislature allows WorkForce to determine whether overpayments occurred due to error, nondisclosure, or misrepresentation. The court emphasized that claimants must exhaust their administrative remedies before seeking judicial review, as mandated by West Virginia Code § 21A-7-19. Since the plaintiffs did not exhaust their administrative remedies, the circuit court lacked subject matter jurisdiction. Consequently, the Supreme Court of Appeals granted the writ of prohibition and directed the circuit court to dismiss the case. View "Adkins v. Bailey" on Justia Law

The petitioners, current and retired Natural Resources Police Officers employed by the West Virginia Division of Natural Resources (DNR), have been receiving a statutory "subsistence allowance" since 1996. This allowance was included in their reported "compensation" to the West Virginia Consolidated Public Retirement Board (the Board) for calculating retirement annuities under the Public Employees Retirement System (PERS). In 2014, the Board discovered this inclusion was erroneous and decided to correct it by refunding overpaid contributions to active and inactive officers and adjusting retirement annuities for retired officers.The Circuit Court of Kanawha County reversed the Board's decision, finding the subsistence allowance was pensionable compensation. On appeal, the West Virginia Supreme Court held in West Virginia Consolidated Public Retirement Board v. Clark (Clark I) that the subsistence allowance was not "compensation" for PERS purposes and that the Board failed to correct the error in a timely manner for retired officers. The case was remanded for further proceedings.The Supreme Court of Appeals of West Virginia reviewed two certified questions from the Circuit Court of Kanawha County. The first question asked if the holding in Clark I required the subsistence pay received by all retired and active DNR officers to be included in calculating their pensionable income. The court answered "no," clarifying that Clark I's holding was limited to retired officers and did not apply to active and inactive officers. The second question asked if the petitioners were entitled to recover reasonable attorneys' fees from the Board. The court declined to answer, stating that it did not present an issue of law but rather a question of fact. View "Clark v. West Virginia Consolidated Public Retirement Board" on Justia Law

The case involves the West Virginia Department of Human Services (DHS) and allegations of negligence in handling child protective services (CPS) investigations. DHS received multiple referrals regarding potential child abuse involving J.F.L., a registered sex offender living with J.M.K. and her children. DHS conducted investigations in 2015 and 2018, concluding there was no evidence of abuse or neglect. However, in 2020, another referral led to the discovery of sexual abuse by J.F.L., resulting in his indictment and conviction on numerous charges.The plaintiffs, representing the children, sued DHS, claiming negligence, gross negligence, and other wrongful acts, asserting that DHS failed to follow its internal policies, which they argued created clearly established statutory rights. They also claimed negligent training and supervision by DHS. DHS sought summary judgment based on qualified immunity, arguing that its internal policies did not constitute clearly established law.The Circuit Court of Kanawha County denied DHS's motion for summary judgment, stating that a jury should decide whether DHS's actions were oppressive and whether mandatory duties were not followed. The court also denied summary judgment on the negligent supervision and training claims.The Supreme Court of Appeals of West Virginia reviewed the case and concluded that DHS's internal policies, not being legislatively approved, could not create clearly established statutory rights. The court held that DHS was entitled to qualified immunity as the plaintiffs failed to demonstrate that DHS violated any clearly established statutory or constitutional rights. Additionally, the plaintiffs did not provide evidence of improper motive or oppressive conduct by DHS employees. Consequently, the court reversed the circuit court's decision and remanded the case with directions to grant summary judgment in favor of DHS and dismiss the action. View "West Virginia Department of Human Services v. David B., Guardian ad Litem and Next Friend of J.B. and M.B., and S.M., Individually" on Justia Law

A Monongalia County deputy sheriff responded to a domestic dispute involving John D. Stewart, Jr., who suffered from mental illness. The deputy, after advising against backup, pursued Mr. Stewart, who allegedly threatened with a knife. The deputy shot Mr. Stewart, fatally wounding him. Amanda F. Stewart, Mr. Stewart’s daughter, filed a wrongful death action against the Monongalia County Commission and the deputy, alleging excessive force and negligence.The Circuit Court of Monongalia County dismissed claims against the Commission for direct liability but allowed claims for vicarious liability and against the deputy to proceed. The court also denied the motion to dismiss the demand for punitive damages, stating it was premature.The Supreme Court of Appeals of West Virginia reviewed the case. It affirmed the lower court’s decision to deny the motion to dismiss the vicarious liability claim against the Commission, finding the Commission is not immune from vicarious liability for the deputy’s negligence. The court also affirmed the denial of the motion to dismiss the negligence claim against the deputy, as the complaint sufficiently alleged facts to suggest the deputy acted with malicious purpose, in bad faith, or in a wanton or reckless manner.However, the court reversed the lower court’s decision regarding punitive damages. It held that the Tort Claims Act prohibits punitive damages against the Commission and the deputy, as the deputy was sued in his official capacity. The case was remanded for further proceedings consistent with this opinion. View "Monongalia County Commission A/K/A Monongalia County Sheriff's Department and John Doe Deputy v. Amanda F. Stewart, Individually and/or as Administrator of the Estate of John D. Stewart, Jr." on Justia Law

In this case, Appalachian Power Company and Wheeling Power Company sought to recover approximately $552.9 million in under-recovered costs for the period from March 1, 2021, through February 28, 2023. The Public Service Commission of West Virginia disallowed $231.8 million of the requested amount, concluding that the companies had made imprudent and unreasonable decisions regarding their coal stockpiling, which led to higher costs from purchasing energy rather than generating it themselves. The Commission allowed the recovery of the remaining $321.1 million over a ten-year period with a 4% carrying charge.The Commission's decision followed a series of proceedings, including the 2021 and 2022 ENEC cases, where it had expressed concerns about the companies' reliance on purchased power and their failure to maintain adequate coal supplies. The Commission had previously ordered the companies to increase self-generation and maintain a minimum 69% capacity factor for their coal-fired plants. Despite these directives, the companies continued to rely heavily on purchased power, leading to significant under-recoveries.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the Commission's finding that the companies acted imprudently and unreasonably. However, the Court reversed the Commission's disallowance of $231.8 million, finding that the Commission had relied on extra-record evidence (coal reports) without giving the companies notice or an opportunity to address this evidence, thus violating their due process rights. The Court remanded the case to the Commission to allow the companies to address the coal reports and the calculation of the disallowance. View "Appalachian Power Company and Wheeling Power Company v. Public Service Commission of West Virginia" on Justia Law

Amanda Shrewsbury, the respondent, was employed as a teacher’s aide in a pre-kindergarten classroom at Cumberland Heights Elementary School during the 2018-2019 school year. She reported witnessing abuse and neglect of students by the classroom teacher, Alma Belcher, to the school principal, Steve Hayes, and later to the superintendent, Dr. Deborah Akers. Following her complaints, Shrewsbury alleges that her employment was terminated. She subsequently filed a lawsuit against the Mercer County Board of Education, Dr. Akers, and others, claiming wrongful discharge and other related grievances.The Circuit Court of Mercer County reviewed the case and denied the petitioners' motion for summary judgment, which was based on the assertion of qualified immunity. The court found that the petitioners were not entitled to qualified immunity under the circumstances presented.The Supreme Court of Appeals of West Virginia reviewed the case and affirmed the lower court's decision. The court held that the petitioners, as a political subdivision and an employee of a political subdivision, were not entitled to qualified immunity solely because the claims against them fell within the exceptions to statutory immunity set forth in the West Virginia Governmental Tort Claims and Insurance Reform Act. The court clarified that the mere inapplicability of the Tort Claims Act due to specific exemptions does not permit the petitioners to claim qualified immunity. Therefore, the circuit court's denial of the motion for summary judgment on the basis of qualified immunity was upheld. View "Mercer County Board of Education v. Shrewsbury" on Justia Law

Tricia Jackson and Jennifer Krouse, members of the Jefferson County Commission, refused to attend Commission meetings in the fall of 2023, preventing the Commission from conducting business, including appointing a replacement commissioner and releasing a development bond. Their refusal to attend meetings was in protest of the appointment process for the vacant seat, which they believed was flawed. This led to a petition for their removal by Matthew Harvey, the Jefferson County Prosecuting Attorney, under West Virginia Code § 6-6-7.The Circuit Court of Jefferson County, composed of three judges, found that Jackson and Krouse engaged in official misconduct and neglect of duty by willfully refusing to attend Commission meetings and fulfill their statutory duty to appoint a replacement commissioner. The court ordered their removal from office. Jackson and Krouse appealed, arguing that the evidence was insufficient to support their removal, that the court erred in drawing an adverse inference from their assertion of the Fifth Amendment privilege, and that the court erred in denying their motion to continue the removal hearing.The Supreme Court of Appeals of West Virginia affirmed the lower court's decision. The court found that sufficient evidence supported the finding of official misconduct and neglect of duty, as Jackson and Krouse willfully refused to attend meetings and fulfill their statutory duties. The court also held that the adverse inference drawn from their assertion of the Fifth Amendment privilege was not preserved for appellate review. Finally, the court found no abuse of discretion in denying the motion to continue the removal hearing, as Jackson and Krouse had been aware of the potential for criminal charges since November 2023. View "Jackson v. Harvey" on Justia Law

The case involves a mother, N.C.-F., who appealed a decision by the Circuit Court of Kanawha County, West Virginia, regarding the placement of her children, M.F.-1, M.F.-2, and M.F.-3. The children's father had admitted to killing M.F.-3's mother, leading to an abuse and neglect case. The West Virginia Department of Human Services (DHS) placed M.F.-3 with his maternal aunt, S.M., while M.F.-1 and M.F.-2 remained in N.C.-F.'s physical custody, but their legal custody was with the DHS. The court terminated the father's parental rights and restored legal custody of M.F.-1 and M.F.-2 to N.C.-F. However, it denied N.C.-F.'s request for placement of M.F.-3 with her and his half-siblings.The Circuit Court of Kanawha County adjudicated M.F.-1, M.F.-2, and M.F.-3 as abused and neglected children based on the father's actions. The court terminated the father's parental rights and restored legal custody of M.F.-1 and M.F.-2 to N.C.-F. However, it denied N.C.-F.'s request for placement of M.F.-3 with her and his half-siblings, determining that maintaining M.F.-3’s placement with S.M. served his best interests.The Supreme Court of Appeals of West Virginia affirmed the lower court's decision. It found that the circuit court did not err in its rulings, including the decision to maintain M.F.-3’s placement with S.M. The court also found that the circuit court did not violate N.C.-F.'s constitutional due process rights by placing custody of her children with the DHS during the abuse and neglect proceedings. The court concluded that the circuit court's decision to place M.F.-3 with S.M. was in the child's best interest and that the court had properly facilitated regular visitation between M.F.-3 and his half-siblings. View "In Re M.F.-1" on Justia Law

The case involves the paternal grandparents of a child, M.F. III, who sought to intervene in an abuse and neglect proceeding following the fatal stabbing of the child's mother by his father. The grandparents, who lived in Baltimore, Maryland, but had a second home in Charleston, West Virginia, filed three motions to intervene in the proceedings, seeking placement of the child and/or visitation rights. The Circuit Court of Kanawha County denied all three motions. The grandparents appealed, arguing that the West Virginia Department of Human Services (DHS) failed to conduct a home study to determine their suitability as adoptive parents, as required by West Virginia Code § 49-4-114(a)(3).The Circuit Court of Kanawha County had previously reviewed the case. The court denied the grandparents' motions to intervene in the abuse and neglect proceedings. The court also did not order the DHS to conduct a home study to assess the grandparents' suitability as adoptive parents, despite the termination of the father's parental rights and the child's placement in the DHS's permanent custody.The Supreme Court of Appeals of West Virginia affirmed the lower court's decision to deny the grandparents' motions to intervene, as they did not fall within the class of individuals who may seek permissive intervention under West Virginia Code § 49-4-601(h). However, the court found that the DHS had failed to comply with the mandatory requirement of West Virginia Code § 49-4-114(a)(3) to consider the grandparents' suitability as adoptive parents. The court remanded the case with directions for the DHS to comply with the statute and for the circuit court to determine the child's best interests for permanent placement following the DHS's compliance. View "In Re M.F. III" on Justia Law