The West Virginia Supreme Court was recently criticized widely for its decision that a jury should not decide whether a government entity was liable for its employees' harmful acts.

The Supreme Court's decision involved a case where a woman incarcerated at Southern Regional Jail in 2009 was allegedly raped on 17 different occasions by a correctional officer. The correctional officer denied her allegations and filed a complaint against her, claiming she had "improperly propositioned him," asking if he would trade a favor for her favor. The woman was later transferred to Lakin Correctional Center for the rest of her sentence in 2010.

She then filed a lawsuit in the Circuit Court of Kanawha County against both the Regional Jail Authority and the officer. The woman claimed that the Regional Jail Authority should be held liable for negligence in hiring, staffing, and supervising the officer.

The Regional Jail Authority claimed that it should be dismissed from the suit due to the qualified immunity typically given to government entities. The supposed sexual assault actions were not within the scope of the Regional Jail Authority's duties, its officials argued.

However, the Kanawha County Circuit Court judge disagreed and permitted the Regional Jail Authority to remain a part of the lawsuit. Regional Jail Authority officials appealed to the West Virginia Supreme Court, which overruled the lower court.