## Facts

- Cody Ryan Fields sued a deputy sheriff, the county sheriff, and the county commission, alleging injuries arising from law-enforcement conduct described as excessive force.
- Fields asserted state-law claims including a “constitutional tort” seeking monetary damages for an alleged violation of Article III, § 6 of the West Virginia Constitution (unreasonable searches and seizures), along with common-law tort theories.
- Fields also asserted federal claims under 42 U.S.C. § 1983.
- Defendants moved to dismiss in part, arguing West Virginia law does not permit a private claim for money damages directly under Article III, § 6.
- A federal district court certified to the Supreme Court of Appeals of West Virginia the question whether West Virginia recognizes a private right of action for monetary damages for violations of Article III, § 6.
- The state supreme court accepted the certified question and limited its review to the existence of a damages cause of action, not the underlying factual disputes.

## Issues

1. Whether West Virginia recognizes a private right of action for monetary damages for violations of Article III, § 6 of the West Virginia Constitution.

## Decision

- The Supreme Court of Appeals of West Virginia answered the certified question in the negative.
- The court held there is no private right of action for monetary damages for a violation of Article III, § 6.
- The ruling foreclosed a stand-alone state constitutional damages claim based solely on Article III, § 6, while leaving other statutory, federal, and common-law avenues unaffected.

## Legal Principles

- A state constitutional provision that does not expressly authorize money damages will not be read to create an implied private damages action absent strong textual, historical, or structural support.
- Creation of new tort-like remedial schemes for constitutional violations generally rests with the Legislature, particularly where designing liability rules and defenses would require policy choices.
- The availability of alternative remedies (including § 1983 claims, common-law tort actions, and equitable relief) weighs against judicial recognition of an additional implied state constitutional damages remedy.
- West Virginia does not recognize a *Bivens*-type implied cause of action for damages arising from alleged violations of Article III, § 6.

## Conclusion

West Virginia law does not provide an implied private action for monetary damages for alleged violations of Article III, § 6, and claims for unlawful searches or seizures must be pursued through other established remedies such as § 1983, common-law tort claims, or appropriate equitable relief.


Fields v. Mellinger, 851 S.E.2d 789 (W. Va. 2020)