Case law

Staheli v. Smith

548 So. 2d 1299 · Mississippi Supreme Court · Aug 23, 1989

The trial court was correct in granting summary judgment on the issue of qualified governmental immunity. … Summary judgment was appropriate in this case because the Dean enjoys a qualified immunity, as a governmental employee, and a qualified privilege, in this employment context. AFFIRMED.

Riemers v. Grand Forks Herald

688 N.W.2d 167 · North Dakota Supreme Court · Oct 15, 2004

Ill [¶ 5] Riemers argues the trial court’s conclusion that the article written by Lee and published in the Herald enjoyed “qualified privilege” and thus is immune from liability is incorrect. … However, because we have concluded that Lee and the Herald enjoy a qualified privilege and are immune from liability, KnighWEtidder likewise cannot be liable.

Boise Tower Associates, LLC v. Hogland

147 Idaho 774 · Idaho Supreme Court · Aug 24, 2009

The district court granted summary judgment on BTA‟s § 1983 claim in favor of the City of Boise, finding that it was immune from suit, and Hogland, finding that he was entitled to qualified immunity. … and Hogland was therefore entitled to qualified immunity.

Mountain State Sales and Electrical v. Raleigh County Board of Education

West Virginia Supreme Court · Jun 12, 2015

” and a right as the “lowest qualified bidder.” … Petitioner argues that if claimed immunity exists as to respondent, such immunity would only apply and protect respondent upon the initial awarding of the contract to Continental, leaving the remaining issue as to whether

Short v. Westark Community College

347 Ark. 497 · Supreme Court of Arkansas · Jan 31, 2002

, and to propose the creation of the district to the qualified voters in the proposed district, who then may vote to create the district. … Clearly, here the State is not the moving party seeking specific relief. Therefore, unless the legislature has waived immunity, both the constitutional and statutory guarantees of immunity stand.

Jamie G. v. Dept. of Children & Families

352 Conn. 736 · Supreme Court of Connecticut · Aug 5, 2025

The plaintiff failed to satisfy his burden of establishing that the legislature clearly evinced an intent, through § 4-160, to abolish common-law judicial or quasi-judicial immunity for purposes of that statute … He must establish that the legislature, in drafting § 4-160, clearly evinced its intent to abolish common-law judicial and quasi-judicial immunities, in addition to waiving the state’s sovereign

Perry v. Nationwide General Ins. Co.

700 So. 2d 600 · Mississippi Supreme Court · Oct 2, 1997

to recover" from said wife and the wife's defense of immunity could be raised by the UM carrier. … While I understand that this issue was not raised by either party, the majority is, in my view, remiss in remanding for further proceedings when Perry is clearly entitled to no additional recovery.

Poch v. Bayshore Concrete Products/South Carolina, Inc.

405 S.C. 359 · Supreme Court of South Carolina · Aug 28, 2013

Because Bayshore SC qualified as Poch’s and Key’s statutory employer, it was immune from liability in tort under the Act’s exclusivity provision. C. … Extension of Tort Immunity to Bayshore Corp. as Parent of Subsidiary Even if Bayshore SC qualified as a statutory employer, Petitioners contend the Court of Appeals erred in extending tort immunity to Bayshore Corp. based

Steering Committee v. Port Authority of New York & New Jersey

17 N.Y.3d 428 · New York Court of Appeals · Sep 22, 2011

As such, if section 7106 clearly expresses a waiver of governmental immunity, then our inquiry must be foreclosed. … Clearly, section 7106 does not operate to waive the Port Authority’s entitlement to the common-law defense of governmental immunity.

Spectrum Systems International v. Chemical Bank

78 N.Y.2d 371 · New York Court of Appeals · Oct 24, 1991

By the same token, the CPLR establishes three categories of protected materials, also supported by policy considerations: privileged matter, absolutely immune from discovery (CPLR 3101 [b]); attorney’s work product, also … Clearly the requisite professional relationship was established when Chemical retained the law firm to render legal assistance (Radiant Burners v American Gas Assn., 320 F2d 314, cert denied 375 US 929 ).

Kraft v. Police Commissioner of Boston

410 Mass. 155 · Massachusetts Supreme Judicial Court · May 15, 1991

The short and complete answer is that, assuming that qualified immunity is available with respect to violations of G. … established” by the language of § 4 (9A).

High-Grade Oil Co., Inc. v. Sommer

295 N.W.2d 736 · South Dakota Supreme Court · Aug 20, 1980

Any action on his part in the performance of his duties, whether negligently done or otherwise, clearly is constitutional and is not void. … The sovereign can retain rights or qualify the grant. As we have noted above the doctrine of sovereign immunity predates our constitution.

Outdoor Media Dimensions Inc. v. State

331 Or. 634 · Oregon Supreme Court · Mar 8, 2001

to have violated ‘clearly established statutory or constitutional rights of which a reasonable person would have known.’ … Thus, the defense of qualified immunity is lost if two elements are present: (1) a violation of a constitutional right; and (2) that the right violated, at the time of the violation, was clearly established.

Michelle Renee Fairley v. Department of Corrections

497 Mich. 290 · Michigan Supreme Court · Jun 5, 2015

While MCL 600.6431 does not confer governmental immunity, it establishes conditions precedent for avoiding the governmental immunity conferred by the governmental tort liability act, MCL 691.1401 et seq. … That is, while MCL 600.6431 does not “confer governmental immunity,” it establishes conditions precedent for avoiding the governmental immunity conferred by the GTLA, which expressly incorporates MCL 600.6431. 11 As a result

Builders Connecticut Associated Builders & Contractors v. Anson

251 Conn. 202 · Supreme Court of Connecticut · Nov 16, 1999

The commissioner moved to dismiss the plaintiffs’ complaint on the ground of sovereign immunity. That motion was denied. … The allegations of count three establish a claim of an infringement on the plaintiffs’ rights of free speech and association.” (Emphasis added.)

Sides v. Cabarrus Memorial Hospital, Inc.

287 N.C. 14 · Supreme Court of North Carolina · Apr 14, 1975

Said executive committee . . . shall in general carry out the spirit and intent of this Act in establishing and maintaining a county public hospital. . . . … Here, however, we believe the following language clearly indicates the direction we should now take: “[W]e recognize merit in the modern tendency to restrict rather than to extend the application of governmental immunity.

Bachner Company, Inc. v. Weed

315 P.3d 1184 · Alaska Supreme Court · Dec 6, 2013

Thus, the court held that qualified immunity barred the suit. … We have held that qualified immunity protects procurement officials in the exercise of these duties.27 “Under a rule of qualified immunity, a public official is shielded from liability . . . when discretionary

Hurst v. Capitell

539 So. 2d 264 · Supreme Court of Alabama · Jan 16, 1989

for the judiciary, to change an established rule of law.... "... … Because the doctrine was judicially created, it is not exclusively a legislative issue and it may be judicially qualified.

State v. Groom

133 Wash. 2d 679 · Washington Supreme Court · Nov 20, 1997

See Supplemental Br. of Pet’r at 13 (discussing qualified immunity under 42 U.S.C. § 1983 ); Groom, 80 Wn. … And, as discussed above, we reject Defendant’s claim that the statute must incorporate qualified immunity concepts—civil qualified immunity has no place in this criminal prosecution.

Hughes v. Public Defenders Office

Supreme Court of Delaware · Oct 21, 2021

Jan. 12, 2011). 3 establish damages;3 and failed to overcome the qualified immunity from legal malpractice claims that the State Tort Claims Act afforded to the defendants … is entitled to qualified immunity and Proctor failed to allege facts showing that the public defender’s actions either constituted gross negligence or were motivated by bad faith.”).