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Fields v. Mellinger

851 S.E.2d 789 (2020)

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Fields v. Mellinger

West Virginia Supreme Court of Appeals
851 S.E.2d 789 (2020)

SC

Facts

Cody Fields (plaintiff) allegedly suffered personal injury due to the use of excessive force by law enforcement. Fields sued the county sheriff’s department and representatives of the department (defendants) in the United States District Court for the Southern District of West Virginia for violating his state constitutional right to be free from unreasonable searches and seizures. Fields also brought claims for negligence in the hiring and management of officers, battery, and intentional infliction of mental, physical, and emotional distress. The district court certified the question of whether a private right of action existed for the alleged constitutional violation to the West Virginia Supreme Court of Appeals.

Rule of Law

Issue

Holding and Reasoning (Jenkins, J.)

Dissent (Workman, J.)

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Casebooks

Comparative Constitutional Law

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