Summary
This is a dissenting opinion by Justice Workman in Fields v. Mellinger, concerning whether West Virginia recognizes a private cause of action for monetary damages under article III, section 6 of the West Virginia Constitution, which protects against unreasonable searches and seizures. The dissent argues that such a constitutional tort should be recognized based on West Virginia precedent, including Hutchison v. City of Huntington, and persuasive authority from other jurisdictions. The majority declined to recognize the asserted cause of action.
Holdings
- A private cause of action for damages exists where an individual has been injured by a violation of Article III, Section 6 of the West Virginia Constitution.
Questions Presented
- Does West Virginia recognize a private right of action for monetary damages for violations of Article III, Section 6 of the West Virginia Constitution?
Disposition
other
Cases Cited (30)
- Hutchison v. City of Huntington, 198 W. Va. 139, 479 S.E.2d 649 (1996)(relied on)
- Harrah v. Leverett, 166 W. Va. 665, 271 S.E.2d 322 (1980)(relied on)
- Fox v. Baltimore & O. R. Co., 34 W. Va. 466, 12 S.E. 757 (1890)(cited)
- State ex rel. Smith v. Gore, 150 W. Va. 71, 143 S.E.2d 791 (1965)(cited)
- Moats v. Cook, 113 W. Va. 151, 167 S.E. 137 (1932)(cited)
- State ex rel. Casey v. Pauley, 158 W. Va. 298, 210 S.E.2d 649 (1975)(cited)
- State ex rel. Richardson v. Cty. Court of Kanawha Cty., 138 W. Va. 885, 78 S.E.2d 569 (1953)(cited)
- Bivens v. Six Unknown Named Agents of Federal Bureau of Narcotics, 403 U.S. 388 (1971)(discussed)
- Marbury v. Madison, 5 U.S. 137 (1803)(quoted)
- Owen v. City of Independence, Mo., 445 U.S. 622 (1980)(quoted)
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