Fields v. Mellinger (Signed Opinion)
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The Supreme Court answered a question certified to it by the United States District Court for the Southern District of West Virginia by concluding that West Virginia does not recognize a private right of action for monetary damages for violations of W. Va. Const. art. III, 6.
Plaintiff brought this complaint alleging several state law claims, including violations of Article III, Section 6, and several federal law claims. Defendants filed a partial motion to dismiss, seeking dismissal of Plaintiff's claim for relief under the West Virginia Constitution on the grounds that state constitutional claims are not supported by the law. The district court then submitted its certified question to the Court. The Supreme Court answered that West Virginia does not recognize a private right of action for monetary damages for a violation of Article III, Section 6 of the West Virginia Constitution.
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