Attorney M. Andrew Brison's Legal Cases

Civil rights

W. Va. Reg'l Jail & Corr. Facility Auth. v. A. B., 766 S.E.2d 751, 755 (W. Va. 2014)

Oct 14, 2014

OUTCOME: Regional Jail was dismissed from case

Female inmate claimed she was raped by a correctional officer 17 times while incarcerated. I represented the the Regional Jail Authority. The court held: [1]-The correctional facility was entitled to ... immunity for the inmate's claims based on vicarious liability for the corrections officer's acts, because the officer's acts, raping the inmate, fell manifestly outside the scope of his authority and duties; [2]-The inmate failed to demonstrate that the correctional facility violated a clearly established right or law with respect to its training, supervision, or retention of the corrections officer and thus, the correctional facility was entitled to immunity for the acts of the officer; [3]-Because the correctional facility was entitled to immunity for the officer's acts, the trial court erred in failing to grant summary judgment to the correctional facility.

Wrongful death

Upchurch v. McDowell Cty. 911, 232 W. Va. 91, 92, 750 S.E.2d 644, 645 (2013)

Oct 24, 2013

OUTCOME: The case against my client, McDowell County 911 was dismissed

I represented the McDowell County, WV 911. In this case, decedent called 911 because there was person on his front porch banging on the door and threatening the decedent. 911 attempted to dispatch lo ... cal law enforcement, but they were unavailable to respond. the 911 dispatcher called the decedent back, who advised that the suspect had left. The decedent did not call back for further assistance. That night the suspect returned to the decedent's home and fatally stabbed the decedent numerous time. The decedent's estate filed suit against McDowell 911 alleging that it breached a "special duty" that it owed to the decedent. The sole dispositive issue in this case was whether McDowell County 911 owed the decedent a special duty of care. If such a special duty of care exists, then McDowell County 911 is amenable to suit for Mr. Mallory's wrongful death. If no such special duty of care exists, then McDowell County 911 is immune from suit as a political subdivision. The West Virginia Supreme Court held that under the facts of this case, that the administratix failed to prove that McDowell County 911 owed the decedent a special duty of care.

Wrongful death

W. Va. Dep't of Health & Human Res. v. Payne, 231 W. Va. 563, 565, 746 S.E.2d 554, 556 (2013)

Jun 12, 2013

OUTCOME: The case against my client, WVDHHR, was dismissed.

I represented the West Virginia Department of Health and Human Resources at the trial court and appellate level. In this case, decedent died after choking on a hot dog fed to him at a D.E.A.F. Educatio ... n and Advocacy Focus (DEAF) day rehabilitation center, licensed by the West Virginia Department of Health & Human Resources. Decedent's parents filed suit against certain DHHR employees and agents, alleging the DHHR defendants were negligent in its licensure of DEAF, and in monitoring and enforcing regulations at the health center. The West Virginia Supreme Court held that the DHHR and other state agencies were entitled to qualified immunity because there was no evidence that the DHHR failed to properly conduct inspections or approve plans of correction and the DHHR was not required to micro-manage facilities. Because the licensing of facilities was placed entirely within the discretion of the DHHR and there was no evidence that the DHHR was aware that any of the deficiencies that contributed to the client's death existed prior to his death, the DHHR was entitled to qualified immunity on the claim that the DHHR was negligent in licensing the health center.

M. Andrew Brison's Legal Cases (3)

W. Va. Reg'l Jail & Corr. Facility Auth. v. A. B., 766 S.E.2d 751, 755 (W. Va. 2014)

Upchurch v. McDowell Cty. 911, 232 W. Va. 91, 92, 750 S.E.2d 644, 645 (2013)

W. Va. Dep't of Health & Human Res. v. Payne, 231 W. Va. 563, 565, 746 S.E.2d 554, 556 (2013)