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Kowalyk v

Civil Action No. 5:08CV181 (N.D.W. Va. Apr. 9, 2009)
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Kowalyk v

3 Citing cases

  1. Frye v. Lincoln Cnty. Comm'n

    CIVIL ACTION NO. 2:20-cv-00403 (S.D.W. Va. Jan. 25, 2021)   Cited 2 times
    Noting that "Plaintiff's failure to respond to [an] argument indicates that he has abandoned this claim"

    No other provision in the West Virginia Code authorizes sheriff's department to sue or be sued. See Kowalyk v. Hancock Cnty., Civ. Action No. 5:08CV181, 2009 WL 981848 at *2 (N.D. W. Va. Apr. 9, 2009). The Fourth Circuit has recognized that "in the realm of county law enforcement," it is the "sheriff [who] is the duly delegated policy maker for the county."

  2. Simpkins v. Logan Cnty. Sheriff's Dep't

    CIVIL ACTION NO. 2:13-cv-16613 (S.D.W. Va. Aug. 14, 2014)   Cited 3 times
    In Simpkins v. Logan County Sheriff's Dept., No. 2:13-CV-16613, 2014 WL 4072066, at *1-2 (S.D. W. Va. Aug. 14, 2014), this Court acknowledged that "[w]hereas West Virginia law authorizes a county commission to sue or be sued, see W. Va. Code ยง 7-1-1, state law does not appear to contain any similar provision for county sheriff's offices" and, thus, a sheriff's department has no status separate from the Sheriff in his official capacity which would permit it to be sued. Seealso Terlosky v. Matthews, 2011 WL 1302238, at *2 (N.D. W. Va. Mar. 31, 2011).

    In West Virginia, it is the county commission that is authorized to sue or be sued.") (internal quotation marks and citation omitted); Kowalyk v. Hancock Cnty., CIV.A. 5:08CV181, 2009 WL 981848, at *2 (N.D. W. Va. Apr. 9, 2009) (dismissing "Hancock County Office of the Sheriff as not a properly-named party in complaint asserting claims under section 1983 and state law); Rankin v. Berkeley Cnty. Sheriff's Dep't, 222 F. Supp. 2d 802, 807 (N.D. W. Va. 2002) (dismissing section 1983 claim against Berkeley County Sheriff's Department because the department was not a separate cognizable legal entity); cf. Haney v. Cnty. Comm'n, Preston Cnty., 575 S.E.2d 434, 437 (W. Va. 2002)

  3. Ball ex rel. C.S. v. Baker

    CIVIL ACTION NO. 5:10-cv-00955 (S.D.W. Va. Sep. 18, 2012)   Cited 2 times

    The Office of the Sheriff of Greenbrier County "has no status independent of the Sheriff in his official capacity which would permit that office to be sued." Kowalyk v. Hancock County, Civil Action No.5:08CV181, 2009 WL 981848, *2 (N. D. W. Va. Apr. 9, 2009). In West Virginia, it is the county commission that is authorized to sue or be sued.