W. Va. Reg’l Jail & Corr. Facility Auth. v. A.B. (Signed Opinion)
Annotate this CasePlaintiff alleged that while housed at the Southern Regional Jail, she was raped repeatedly by a correctional officer. Plaintiff filed suit against the West Virginia Regional Jail and Correctional Facility Authority (WVRJCFA), alleging vicarious liability and negligence-based claims. The WVRJCFA moved for summary judgment on the basis of qualified immunity. The circuit court denied summary judgment, concluding (1) disputed issues of fact precluded a determination as to whether the WVRJCFA was vicariously liable for the alleged sexual assaults committed by its employee; and (2) Plaintiff’s claims of negligent supervision, training, and retention did not encompass “discretionary decisions in the administration of fundamental government policy.” The Supreme Court reversed and remanded for entry of an order granting the WVRJCFA summary judgment, holding that the WVRJCFA was entitled to immunity on Plaintiff’s claims.
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