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