Partner Andrew Brison recently secured three dismissals as a matter of law for his state agency clients

Partner Andrew Brison recently secured three dismissals as a matter of law for his state agency clients. 

On September 24, 2018, Brison secured a 12(b) Dismissal Order in a sudden death in custody federal court case wherein the plaintiff alleged medical malpractice claims against the correctional facility’s medical provider, civil rights claims against the correctional facility and its administrator, as well as the state negligence claims. H.K. et. al. v. West Virginia Regional Jail Authority, 2:18-cv-01014, (S.D.W.Va.).  

On September 27, 2018, Motion for Summary Judgment was granted in favor of Brison’s client, the West Virginia Department of Health and Human Resources.  That case arose out of allegations that the state agency and the child protective service worker were liable as a result of a minor, while in the legal custody of the DHHR, was allegedly sexually assaulted by a foster mother.  The Court granted Judgment to the defendants who asserted qualified immunity.  A.H. et. al. v. WVDHHR, 17-C-820 (Kanawha County, West Virginia Circuit Court).

On October 4, 2018, Brison obtained a 12(b) dismissal of a state Human Rights Act discrimination claim arising from a suicide that occurred in a correctional facility. B.R., et. al v. West Virginia Regional Jail Authority, et. al.17-C-1337 (Kanawha County, West Virginia Circuit Court

 

 

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