W. Va. Department of Environmental Protection v. Dotson (Signed Opinion)
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The Supreme Court reversed the order of the circuit court denying the West Virginia Department of Environmental Protection's (DEP) motion for summary judgment on qualified immunity grounds, holding that the DEP was entitled to qualified immunity.
Plaintiffs suffered damages to personal and real property as a result of severe flooding of Bull Creek in McDowell County. Plaintiffs filed suit against Twin Star Mining, Inc. and the DEP, claiming negligence. The DEP moved for dismissal on the basis of qualified immunity and the public duty doctrine. The circuit court denied the motion. The Supreme Court reversed, holding that the circuit court erred in denying the DEP's motion for summary judgment on the basis of qualified immunity.
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