Case law

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

Hagberg v. California Federal Bank FSB

7 Cal. Rptr. 3d 803 · California Supreme Court · Jan 5, 2004

Cal Fed contends that it would have been an idle act for the Legislature to establish a qualified immunity for permissive reporters, as it did in Penal Code section 11172, subdivision (a), if Hagberg were correct that section … 47 itself establishes at most a qualified immunity for citizen *371 reports of criminal activity.

Vojak v. Jensen

161 N.W.2d 100 · Supreme Court of Iowa · Sep 5, 1968

privilege, such libelous statement is rendered innocuous and nonactionable; (3) Actual malice nullifies the immunity of a qualified privilege. … It is quite true defendant plead and proved a qualified privilege. As previously pointed out, however, such a privilege affords no immunity if actual malice is established.

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.

Stanton v. Lackawanna Energy, Ltd.

584 Pa. 550 · Supreme Court of Pennsylvania · Nov 23, 2005

The Superior Court did not address the trial court’s finding that the gate qualified as land for purposes of RULWA immunity. … The Stantons did argue before the trial court that the swing-arm gate did not qualify as land for purposes of RULWA immunity. The trial court determined that it was a part of the land.

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.

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 ).

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

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

Quindon D. Thomas v. Chevron U.S.A., Inc.

212 So. 3d 58 · Mississippi Supreme Court · Jan 26, 2017

The Workers’ Compensation Act in Texas provides immunity for a general contractor who qualifies under the act. … That Court decided that Entergy clearly was a general contractor under the statute and, despite also being a premise owner, was entitled to immunity.3 Id. at 438. ¶11.

Moore v. Wilmington Housing Authority

619 A.2d 1166 · Supreme Court of Delaware · Feb 8, 1993

The relevant decisions stem primarily from cases that were litigated in the courts of Maine and Michigan. 5 The Maine Tort Claims Act (the “Maine Act”) “establishes a presumption of governmental immunity from liability in … Accordingly, we hold that the residential housing unit in this case qualifies under our definition of “public building” under 10 Del.C. § 4012(2). Therefore, the doctrine of sovereign immunity is inapplicable.

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.

Wilkinson v. Board of Dental Examiners of Alabama

102 So. 3d 368 · Supreme Court of Alabama · May 25, 2012

Wilkinson responded to the Board’s motion to dismiss with a detailed brief, 1 arguing that the Board did not qualify for immunity under § 14 and that, therefore, her claim could not be heard by the Board of *371 Adjustment … qualified dental hygienists be permitted to practice dental hygiene in the State of Alabama.

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.”).

Soto v. Bushmaster Firearms International, LLC

331 Conn. 53 · Supreme Court of Connecticut · Mar 19, 2019

Id., *15.52 Because Congress clearly intended that laws govern- ing the marketing of firearms would qualify as predicate statutes, and because Congress is presumed to be aware that the wrongful marketing of dangerous items … a Clear Statement Requirement We begin with the well established canon that a fed- eral law is not to be construed to have superseded the historic police powers of the states unless that was the clearly expressed

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.

Cooney v. Park County

792 P.2d 1287 · Wyoming Supreme Court · Apr 18, 1990

Department of Social Services, 98 S.Ct. 2018 (1978), 30 U.Fla.L.Rev. 979 (1978); Note, Qualified Immunity — Public Officials Will Lose Qualified Immunity Where the Constitutional Rights Were Clearly Established at the Time … After the appellate court applied qualified immunity, it was held that prosecutorial release to the press of psychiatric reports did not violate a clearly established right of privacy and, consequently, qualified immunity

Nancy Gale v. Nathaniel Thomas

Mississippi Supreme Court · Jun 30, 1998

Clearly, the City's immunity stems from the re-enactment of immunity by § 11-46-3. … Gale's argument regarding qualified immunity is misplaced. Gale seems to claim that the only manner in which Officer Thomas may receive immunity is through the application of qualified immunity.

People of the Territory v. Hasbrouck

11 Utah 291 · Utah Supreme Court · Mar 16, 1895

This statute provides for the appointment of a “board of seven medical examiners from various recognized schools of medicine,” who shall qualify by taking an oath that they are “graduates of legally chartered colleges in … They do not abridge -any of their privileges or immunities.