Bailey & Wyant, PLLC Member Kelly C. Morgan vigorously defended and successfully obtained summary judgment on the issue of qualified immunity for the West Virginia Department of Health and Human Resources.

Plaintiff alleged that our client was negligent in the performance of its duties as required by the West Virginia Code. However, mere negligence is not sufficient to overcome qualified immunity. Plaintiff failed to establish that DHHR or its employees knowingly violated a clearly established law, or acted maliciously, fraudulently, or oppressively. Because the actions taken by DHHR and its employees were discretionary governmental functions, and because Plaintiff could not establish that DHHR or its employees knowingly violated a clearly established law, or acted maliciously, fraudulently, or oppressively, the defense of qualified immunity was proper and could not be overcome.