West Virginia Code
Article 12A. Governmental Tort Claims and Insurance Reform Act
§29-12A-18. Applicability

This article does not apply to, and shall not be construed to apply to, the following:
(a) Civil actions that seek to recover damages from a political subdivision or any of its employees for contractual liability;
(b) Civil actions by an employee, or the collective bargaining representative of an employee, against his or her political subdivision relative to any matter that arises out of the employment relationship between the employee and the political subdivision;
(c) Civil actions by an employee of a political subdivision against the political subdivision relative to wages, hours, conditions, or other terms of his or her employment;
(d) Civil actions by sureties, and the rights of sureties, under fidelity or surety bonds;
(e) Civil claims based upon alleged violations of the Constitution or statutes of the United States except that the provisions of section eleven of this article shall apply to such claims or related civil actions.

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