United States Fourth Circuit

In case arising over a proposed bond amendment to the West Virginia Constitution supported by defendant governor, denial of application for defendant's qualified immunity is affirmed, as the facts alleged establish that the governor threatened imminent adverse regulatory action that a reasonable public official in his position would know that such a threat is unlawful, thus the governor is not entitled to immunity from this suit at the motion-to-dismiss stage.

Appellate Information

• Argued 10/24/2006
• Decided 12/20/2006
• Published 12/20/2006

Judges

• Before WILKINS, Chief Judge, GREGORY, Circuit Judge, and James R. SPENCER, Chief United States District Judge for the Eastern District of Virginia, sitting by designation.

Court

• United States Fourth Circuit

Counsel

• For Appellees:
  
• ARGUED:  Mitchell Eliot Zamoff, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant.  Robert D. Luskin, Patton Boggs, L.L.P., Washington, D.C., for Appellee.   ON BRIEF:  Charles R. Bailey, Vaughn Sizemore, Bailey & Wyant, P.L.L.C., Charleston, West Virginia;  Barbara H. Allen, Office of the Attorney General, Charleston, West Virginia;  Adam K. Levin, Hogan & Hartson, L.L.P., Washington, D.C., for Appellant.  Patrick J. Slevin, Patton Boggs, L.L.P., Washington, D.C., for Appellee.