Case law

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).

Williams Ex Rel. Williams v. Randolph Hospital, Inc.

237 N.C. 387 · Supreme Court of North Carolina · Mar 25, 1953

Thus the rule to which we adhere is that of qualified immunity. The plaintiff, conceding the existence of the rule which obtains with us, takes a dual position in prosecuting this appeal. … The range of decision is from absolute liability to complete immunity, with the weight of authority being on the side of immunity, either total or qualified.

Pike v. South Carolina Department of Transportation

343 S.C. 224 · Supreme Court of South Carolina · Nov 6, 2000

According to Thompson, Wilson was qualified to gather data upon which sight distances could be calculated, *228 but he was not qualified to actually calculate sight distance. 2 Wilson stated that in November 1990 he estimated … Moreover, given the standard a governmental entity must meet to establish discretionary immunity, we find that the burden of proof must be one of persuasion.

Baker v. Bhajan

117 N.M. 278 · New Mexico Supreme Court · Mar 14, 1994

Because there was no consent to the statements not made in response to the background investigation, the Gengler court held that the former employer did not have absolute immunity from suit, but rather qualified immunity … The two primary executive officers in the State of New Mexico, the Governor and the Attorney General, clearly have a legitimate interest in the background of candidates for employment in the NMSP.

Jones Ex Rel. Jones v. State Department of Health

18 P.3d 1189 · Wyoming Supreme Court · Mar 9, 2001

The final decision specifically found that the Joneses had "failed to establish a medically recognized contraindication to immunizations." … That standard is established by Wyo. Stat.

Borough of Moonachie v. Port of New York Authority

38 N.J. 414 · Supreme Court of New Jersey · Nov 5, 1962

There was no question about its establishment’s being within the agency’s statutory authorization. … On the facts present the borough and the county not only could not, but clearly never intended to bind themselves to treat the manufacturing plant as tax-immune.

Johnson v. State of Vermont Department of Health

165 Vt. 588 · Supreme Court of Vermont · Jul 3, 1996

Defendants moved for summary judgment, arguing that sovereign immunity protects the State from suit, and qualified immunity protects the individual defendants from suit. … Aldrich, 149 Vt. 76, 81 , 539 A.2d 981, 984 (1987) (discussing doctrine of qualified immunity).

Bond v. Marion County Bd. of Sup'rs

807 So. 2d 1208 · Mississippi Supreme Court · Dec 13, 2001

The court also found that the members of the Board and the EDD were entitled to legislative immunity and qualified immunity. ¶ 11. Bond timely filed a notice of appeal on April 7, 2000. … The circuit court concluded that the members of the Board and of the EDD, named in their individual capacities, were entitled to absolute immunity as well as qualified immunity.

Deason v. Walker

188 So. 3d 633 · Supreme Court of Alabama · Aug 28, 2015

The undisputed evidence before us establishes that Walker clearly possessed discretion regarding the day-to-day activities on the job site at which Deason was working, including the delegation of work necessary to complete … As this Court noted in Cranman, in DeStajney, the Court “adopted a rule of qualified immunity” that “partially closed the door that had been opened in Elmore.” 792 So.2d at 402 .

Ritchie v. Donnelly

324 Md. 344 · Court of Appeals of Maryland · Oct 29, 1991

immunity.. … The police officer in Clea was clearly acting within the scope of his employment.

Bond v. Cedar Rapids Television Co.

518 N.W.2d 352 · Supreme Court of Iowa · Jun 22, 1994

The burden is clearly on the plaintiffs to raise and negate Noerr immunity. MAPCO, 958 F.2d at 1558 n. 9 (stating plaintiff has burden to show Noerr immunity did not attach to plaintiffs action); Hospital Bldg. … Erickson, 485 N.W.2d at 86 (statutory immunity from suit not an affirmative defense, but part of plaintiffs burden to establish strict liability).

Worthington v. State

598 P.2d 796 · Wyoming Supreme Court · Jul 18, 1979

Only the sovereign’s own consent could qualify the absolute character of that immunity.” … These clearly obviate the necessity of this court’s testing its power to remove this immunity and to brush aside the rule of stare decisis by setting aside well-established and long-followed rules in this jurisdiction.

The City of El Paso v. Lilli M. Heinrich

52 Tex. Sup. Ct. J. 689 · Texas Supreme Court · May 1, 2009

sovereign immunity], declaratory-judgment suits against state officials seeking to establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities are suits against the State … See Fen-ell, 248 S.W.3d at 160 (Brister, J., concurring) ("A different case *371 might be presented if the plaintiffs alleged the board was clearly violating some provision of the statute.

Pelagatti v. Cohen

370 Pa. Super. 422 · Supreme Court of Pennsylvania · Nov 30, 1987

As such, they enjoy a qualified immunity only: in the interests of keeping the public informed, newspaper articles are entitled to make fair and accurate report of judicial proceedings and involved parties, witnesses, and … However, the media statements disseminated by Marion, Harvey, and Magarity, even in their reiteration of the contents of privileged judicial documents, were extra-judicial communications protected by a qualified immunity

Benton School District; Lori Bacon, in Her Individual and Official Capacity; And Lita Gattis, in Her Individual and Official Capacity v. Brandi Greer

2026 Ark. 53 · Supreme Court of Arkansas · Mar 12, 2026

Gattis on qualified-immunity grounds. The court also reaffirmed its ruling that both are immune from liability on the ACRA individual-capacity claims except to the extent of any applicable insurance coverage. … Gattis on qualified-immunity grounds.17 The court also reaffirmed its ruling that both are immune from liability on the ACRA individual- capacity claims except to the extent of any applicable insurance coverage.

Collins on Behalf of Collins v. Tabet

111 N.M. 391 · New Mexico Supreme Court · Feb 4, 1991

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), knew or should have known that his conduct would violate a clearly established statutory or constitutional norm. E.g., Warren v. … Pachtman, supra, prosecutors are entitled to absolute immunity for conduct which may be characterized as “prosecutorial,” while they generally enjoy only qualified immunity for acts taken in an administrative or investigative