## Facts

- Mike Sivnksty, a nonresident, was vacationing in Gilmer County, West Virginia when his automobile struck and injured two children.
- Sivnksty was arrested on a criminal charge arising out of the incident and was confined in the county jail pending disposition of that criminal matter.
- While Sivnksty remained in jail, one of the injured children (through an appropriate representative) filed a tort action against him seeking damages for the injuries and caused civil process to be served on Sivnksty at the jail.
- Sivnksty made a special appearance in the tort action and filed a plea in abatement, asserting the circuit court lacked personal jurisdiction because, as a nonresident held in jail on a criminal matter, he was immune from service of civil process.
- The circuit court overruled the plea in abatement and refused to quash the service.
- Sivnksty then sought extraordinary relief against the circuit judge (Duffield) to prevent the court from proceeding further in the tort case based on the challenged service.

## Issues

1. Whether a nonresident who is confined in a West Virginia jail on a criminal charge is immune from service of civil process in a tort action arising from the same events.
2. Whether prohibition is available to stop the circuit court from proceeding when the defendant claims the court lacks personal jurisdiction due to alleged immunity from service.

## Decision

- The Supreme Court of Appeals of West Virginia denied the requested writ.
- The court held that Sivnksty was not immune from service of civil process while jailed in Gilmer County on the criminal charge; the service of process in the tort action was valid.
- Because the circuit court could obtain personal jurisdiction through valid service, prohibition did not lie to halt the tort action.

## Legal Principles

- The common-law privilege from service of civil process for nonresidents is limited and is generally aimed at protecting attendance in court when a person’s presence in the jurisdiction is compelled by legal process (such as appearing as a witness or party under a summons, subpoena, or comparable compulsion).
- A nonresident who enters the state voluntarily is not protected from civil service merely because he is later detained, including detention resulting from a criminal charge connected to conduct within the state.
- Serving a defendant with civil process while he is in lawful custody does not, by itself, make the service invalid when the defendant’s original presence in the jurisdiction was voluntary.
- Prohibition is an extraordinary remedy and will not issue to prevent a trial court from proceeding when that court has subject-matter jurisdiction and has obtained (or can obtain) personal jurisdiction through valid service of process.

## Conclusion

State ex rel. Sivnksty v. Duffield holds that a nonresident vacationer who was jailed in West Virginia on a criminal charge after injuring children with his car was not immune from being served with civil process in a tort suit while in custody; because service was valid and the circuit court could proceed, the Supreme Court of Appeals denied prohibition.


State ex rel. Sivnksty v. Duffield, 71 S.E.2d 113 (1952)