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Man who was assaulted during incarceration asks court to deny motions to dismiss

Criminal behind prison bars | Image Source: pxfuel.com ROMNEY The plaintiff in a lawsuit is asking the court to deny motions to dismiss in a case, saying he has properly pleaded his case. In response in opposition to the defendants motions to dismiss, Damien Robbins argues that the defendants, West Virginia Division of Corrections and Rehabilitation (WVDOCR), Jeff Sandy, Betsy Jividen, Edgar Lawson and Officers Bryon Whetzel and Isaiah Blancarte, violated his constitutional rights. Qualified immunity neither protects the plainly incompetent, nor those who knowingly violate the law, the response to the officers states. Nor does it protect those whose acts or omissions violate clearly established law of which a reasonable person would have known.

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