Case law

Park Knoll Associates v. Schmidt

59 N.Y.2d 205 · New York Court of Appeals · Jun 9, 1983

Thus, a Judge has immunity if he is performing a judicial act but not otherwise (see Murray v Brancato, 290 NY 52 [no immunity for defamation contained in unofficial publication of an opinion]); a lawyer has immunity for … It appearing that defendant can establish the interest necessary to warrant a qualified privilege here, the burden rests upon plaintiff, if it is to sustain its cause of action, to prove that she acted out of malice.

State v. Kelly Messer

99 W. Va. 241 · West Virginia Supreme Court · May 26, 1925

The juror Atkinson was clearly incompetent. … Under that ruling we think the juror Thomas was clearly competent; but it in no wise sustains the contention of the State that the juror Atkinson was also qualified. (2) H. H.

Roberts v. State

189 Ga. 36 · Supreme Court of Georgia · Sep 15, 1939

While it is true that the statute (Code, § 38-415) clearly authorizes the defendant to waive his immunity to cross-examination, yet the provision denying the defendant the right to be put under oath is binding upon both the … Had the defendant sought to waive his immunity to cross-examination without adding the further request that he be put under oath, he would have been entitled to that privilege; but when the request to waive immunity to cross-examination

Laramie v. Stone

160 N.H. 419 · Supreme Court of New Hampshire · Jun 30, 2010

In deciding whether to qualify an expert, the trial judge must conduct an adequate investigation of the expert’s qualifications. Id. … The purpose of RSA chapter 541-B is not solely to waive sovereign and official immunity as defined under RSA 99-D:l.

State ex rel Tompton v. Denoyer

6 N.D. 586 · North Dakota Supreme Court · Nov 1, 1897

They can claim none of the privileges and immunities given by the laws of such state. … Hence they must be qualified electors, unless barred by § 480, Rev. Codes. Such section is clearly a restriction upon the right of suffrage, as established by said § 121 of the Constitution.

UNIVERSITY OF VA HEALTH SERVICES v. Morris

275 Va. 319 · Supreme Court of Virginia · Feb 29, 2008

Hogshire ordered that the special pleas in Searcy’s and Morris’s cases be heard at a consolidated hearing. 3 Judge Hogshire held that HSF does not qualify for charitable immunity and denied the defendants’ special pleas … .: To establish charitable immunity as a bar to tort liability, an entity must prove at least two distinct elements.

Grand Canyon Railway Co. v. Treat

12 Ariz. 69 · Arizona Supreme Court · Mar 27, 1908

The language of Act No. 68, page 79, Laws 1899, clearly establishes that the exemption claimed is granted by that act, and it necessarily follows that, unless there is such limitation placed upon the appellant corporation … owned or operated by a person or persons, association or railway corporation, his, their or its successors or assigns, is hereby declared to be exempt from any and all manner of taxation,” and has thereby fully met the qualifying

Matter of Hearing on Immunity for Ethics

96 N.J. 669 · Supreme Court of New Jersey · Jul 3, 1984

, statutes, or rules on attorney discipline. 4 We also note five jurisdictions that provide what might be called “qualified” immunity or privilege, 5 and one in which such an immunity has been proposed. 6 Five other states … have judicial precedents establishing either an *677 absolute or a qualified privilege for complaints in the context of libel actions specifically. 7 Under English common law, the “absolute privilege” from defamation actions

Longval v. Commissioner of Correction

404 Mass. 325 · Massachusetts Supreme Judicial Court · Mar 13, 1989

They advance as a reason the affirmative defense of qualified immunity, claiming that their actions were taken within areas assigned to their discretion and were not contrary to principles of constitutional law clearly established … The defendants were not entitled to summary judgment on their theory of qualified governmental immunity.

Zimmerman v. City of Lewiston

154 Idaho 686 · Idaho Supreme Court · May 23, 2013

to present sufficient evidence that it qualified for immunity under that exception. … The City contends it qualifies for immunity from liability under the discretionary function exception to the ITCA because the decision to change the storm water drain system was discretionary.

Small v. McRae

200 Mont. 497 · Montana Supreme Court · Oct 4, 1982

Federal officials may not, with impunity, discharge their duties in a way that is known to them to violate the constitution or transgress a clearly established constitutional rule. … “The Scheuer principle of only qualified immunity for constitutional violations is consistent with Barr v. Matteo,. . .”

Imperial v. Drapeau

351 Md. 24 · Court of Appeals of Maryland · Aug 27, 1998

privilege rather than perhaps given qualified immunity by a privilege such as fair comment on matters of public concern or a similar qualified privilege. … If Imperial did enjoy qualified immunity for his letters, Drapeau would finally have an opportunity for a judicial proceeding to clear his name, since the record establishes that there was sufficient evidence for a jury to

Roy v. City of Everett

118 Wash. 2d 352 · Washington Supreme Court · Feb 6, 1992

Viewing the statute as a whole and considering the legislative intent that underlies the act, RCW 10.99.070 clearly grants qualified immunity to peace officers for conduct arising out of incidents of domestic violence. … Conversely, the phrase "in good faith" clearly limits the scope of immunity that the Legislature accords to peace officers under the domestic violence act.

HCBeck, Ltd. v. Rice

52 Tex. Sup. Ct. J. 555 · Texas Supreme Court · Apr 3, 2009

In this case, we consider the extent to which a general contractor must “provide” workers’ compensation insurance under the Act to qualify for statutory employer status and the resulting immunity from the work-related claims … The OCIP in this case, established and paid for by FMR pursuant to its contract with HCBeek, qualifies under the Act as “providing” workers’ compensation insurance to subcontractors in a manner that is consistent with section

Henderson v. Twin Falls County

56 Idaho 124 · Idaho Supreme Court · Apr 27, 1935

And the immunity counties and cities likewise enjoy rests upon that doctrine. … The contention that the statute in question here imposes a mandatory duty upon respondent to maintain and operate a hospital is clearly untenable.

Montgomery v. Philadelphia

392 Pa. 178 · Supreme Court of Pennsylvania · Mar 24, 1958

Whereas qualified privilege could be successful only after a full trial, thus placing a government official at the whims and mercy of a jury, the purpose of absolute immunity is to foreclose the possibility of suit. “. . … “It has been argued, however, that free disclosure would be sufficiently encouraged by the granting of a qualified privilege.

Chambers v. Stern

338 Ark. 332 · Supreme Court of Arkansas · Jul 8, 1999

I agree with the majority court that judicial immunity can be extended to a qualified therapist and that the issue of judicial immunity is an issue of law. … Stern absolute immunity. Therefore, I respectfully dissent.

Parker v. K & L Gates, LLP

76 A.3d 859 · District of Columbia Court of Appeals · Sep 19, 2013

conduct at issue did not violate clearly established law. … creates law that governs the official’s behavior,” even where court also determines that official is entitled to immunity because unconstitutionality was not clearly established).

Maskery v. University of Michigan Board of Regents

468 Mich. 609 · Michigan Supreme Court · Jul 2, 2003

Defendant presented an affidavit establishing that the residence hall was locked twenty-four hours a day. … Where a person who is not qualified for entry nonetheless gains access, the government remains entitled to immunity.

SOS Staffing Services, Inc. v. Fields

54 P.3d 761 · Wyoming Supreme Court · Sep 24, 2002

Consistent with subsection (F), subsection (G) clearly provides that the term "employer" includes anyone using the services of a worker furnished by another, except in the case of a temporary service contractor furnishing … Stated differently, employee immunity is merely an extension of the employer immunity.