SMS Attorneys Obtain Multiple Dismissals For Failure to State a Claim
Attorneys Michael Dunham and Austin Longnecker recently obtained dismissal of their state agency clients for failure to state a claim upon which relief may be granted in multiple cases. Michael and Austin represented a state agency and its high-ranking members in a federal lawsuit related to school vaccine mandates. Michael and Austin successfully argued that no cognizable constitutional violations had been alleged. The Court agreed and dismissed Michael and Austin’s clients.
Similarly, Michael and Austin obtained dismissal of their correctional officer clients for failure to state a claim upon which relief may be granted. Michael and Austin successfully argued that allegations related to prison cell temperatures did not amount to constitutional violations sufficient to overcome their clients’ immunity.
Congratulations Michael and Austin!
About: Shuman McCuskey Slicer PLLC is a civil defense litigation law firm defending businesses, professionals, and insurers in high-stakes litigation. The firm has over 20 attorneys licensed to practice in West Virginia, Virginia, Ohio, Kentucky, and Pennsylvania. SMS was founded in Charleston, WV, where it remains headquartered and has additional offices in Morgantown, WV, and Winchester, VA.
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