Case law

Handmaker v. Henney

128 N.M. 328 · New Mexico Supreme Court · Nov 17, 1999

resolution of the Essentially legal question whether the conduct of which the plaintiff complains violated clearly established law.’ ” Carrillo, 114 N.M. at 615 , 845 P.2d at 138 (quoting Mitchell, 472 U.S. at 526 , 105 S.Ct … 23(A), our review by writ of error is necessarily limited by the nature of immunity established by the Legislature.

Mandel v. O'HARA

320 Md. 103 · Court of Appeals of Maryland · Jul 27, 1990

Although the Governor of West Virginia is intimately involved in the state’s budget process, his participation clearly does not qualify for .legislative immunity under Supreme Court of Virginia . … Thus, the Court’s reference to a state’s entire legislative power was simply to point out that the case was clearly one for absolute legislative immunity.

Jones v. State

170 Wash. 2d 338 · Washington Supreme Court · Nov 4, 2010

Whether Wene and Jeppesen are entitled to qualified immunity from liability under § 1983 for violating Jones’ right to due process ¶17 When the defendant moves for summary judgment in a § 1983 suit and raises a qualified … Qualified immunity ¶27 Under the doctrine of qualified immunity, “[g]overnment officials performing discretionary functions” are immune from § 1983 suits “if their conduct is objectively reasonable when measured against clearly

Matthews v. ALABAMA AGR. AND MECHANICAL UNIV.

787 So. 2d 691 · Supreme Court of Alabama · May 26, 2000

Matthews alleges that the university employees violated "clearly established Constitutional and statutory rights," that they "exceed[ed] the scope of their statutory and administrative authority," and that they acted willfully … or to qualified/substantive/ discretionary-function immunity.

Farnworth v. Femling

125 Idaho 283 · Idaho Supreme Court · Mar 2, 1994

State, 123 Idaho 899 , 854 P.2d 242 (1993), the Court stated a three-part test to determine whether a party as *286 serting qualified immunity is entitled to the defense: 1. Was there a clearly established law? 2. … Did the conduct of the party asserting qualified immunity violate a clearly established right of the party claiming the violation? 3. Was the conduct of the party asserting qualified immunity reasonable?

Samaniego v. City of Kodiak

2 P.3d 78 · Alaska Supreme Court · May 19, 2000

The superior court set forth its view of Alaska's law of qualified immunity in a memorandum and ordered the parties to supplement their briefing. It then granted summary judgment on the basis of qualified immunity. … Fitzgerald 14 test for official immunity. 15 Under this standard, "the relevant inquiry is whether a reasonable official could have believed the challenged conduct was lawful in light of clearly established law and the facts

In Re Petition of S. R. A. Inc.

219 Minn. 493 · Supreme Court of Minnesota · Apr 13, 1945

Clearly, the land-grant cases are not in point and establish no principle applicable to contracts for the outright sale of government property. … Ct. 293 , 66 L. ed. 573, supra), establish clearly how the state may protect the federal government’s paramount lien right and how in turn the federal government may protect itself.

Lee v. Cline

384 Md. 245 · Court of Appeals of Maryland · Dec 13, 2004

that the plaintiff had presented no evidence of malice to overcome Cline’s qualified immunity. … Consequently, judicial opinions dealing with the well-established limitations upon public official immunity furnish no authority for judicially creating similar limitations upon the broad statutory immunity granted by the

Metro. Dade County v. Chase Fed. Housing

737 So. 2d 494 · Supreme Court of Florida · Jun 10, 1999

In conjunction with the statewide program, the Legislature established a fund to clean sites contaminated by dry cleaning solvents. [2] The Act provides that the owners or operators of dry cleaning establishments, who could … CONCLUSION We find that the Legislature has clearly expressed its intent through the language of the statute as well as the structure and purpose of the Act to apply the immunity provisions found in subsections 376.3078(3

Miner v. Novotny

304 Md. 164 · Court of Appeals of Maryland · Oct 4, 1985

The privilege, and the resultant immunity enjoyed by the publisher, may be either absolute or qualified. As we explained in DiBlasio v. … immunity.”

Mercer County Board of Education v. Holly Ruskauff

West Virginia Supreme Court · Nov 4, 2019

First, the BOE argues that it is entitled to qualified immunity and that qualified immunity bars negligence claims against governmental officials. … Accordingly, the BOE is entitled to qualified immunity; and, as such, we need not address the BOE’s other assignments of error.

McCollum v. Garrett

880 S.W.2d 530 · Kentucky Supreme Court · Sep 1, 1994

During the time in which McCollum essentially acted as an investigator, the protection available to him was qualified immunity. … . -, 113 S.Ct. 2606 , 125 L.Ed.2d 209 (1993), as follows: ... government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established

Webb v. Jackson

583 So. 2d 946 · Mississippi Supreme Court · Jun 26, 1991

As to that section of the Complaint, Officer Jackson enjoys qualified immunity since the misconduct alleged does not fall within one of the three exceptions to qualified immunity. … Officer Jackson is protected by qualified immunity and the City of Newton by sovereign immunity on that issue.

State ex rel. Grant County Commission v. Judge Nelson

West Virginia Supreme Court · Mar 23, 2021

Prince George’s County, Md., 309 F.3d 224, 229 (4th Cir. 2002) (“Because qualified immunity is an immunity from having to litigate, as contrasted with an immunity from liability … Traditional appellate review of a qualified immunity ruling cannot achieve the intended goal of an immunity ruling: “the right not to be subject to the burden of trial.”

Smith v. Daniel

452 S.W.3d 575 · Supreme Court of Arkansas · Dec 11, 2014

clearly established and raised a genuine issue of fact as to whether the official would have known that the conduct violated that clearly established right. … her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Joseph E. Jackson/W. Va. Dept. of Trans. v. Joseph Wayne Belcher

232 W. Va. 513 · West Virginia Supreme Court · Sep 26, 2013

Va. 743, 310 S.E.2d 675 (1983), serves to obliterate the immunity clearly granted under West Virginia Code § 15-5-11(a). … articulated by the Arkansas Supreme Court: “[W]hile absolute immunity ‘bars a suit at the outset,’ qualified immunity ‘is in the nature of an affirmative defense.’”

Tucker v. Atwater

815 S.E.2d 34 · Supreme Court of Georgia · Jun 4, 2018

The Court of Appeals held that the school officials were entitled to qualified immunity because they did not violate any clearly established law. … We don't reach that question here because the absence of clearly established law entitles the school officials to qualified immunity. But there's no reason why the next such case should face the same problem.

Dobson v. McClennen

238 Ariz. 389 · Arizona Supreme Court · Nov 20, 2015

A. ¶ 8 The AMMA broadly immunizes registered qualifying patients for their medical use of marijuana, providing: A registered qualifying patient ... is not subject to arrest, prosecution or penalty in any manner, or denial … When read together, the statutory provisions suggest that the AMMA gives qualifying patients a limited defense rather than a general immunity in (A)(3) prosecutions. ¶ 18 We reject, however, Petitioners’ argument that qualifying

Yoak v. Marshall University Board of Governors

223 W. Va. 55 · West Virginia Supreme Court · Dec 9, 2008

The appellees contend that the circuit court properly found that qualified immunity is applicable to the instant ease. … Therefore, unless there is a bona fide dispute as to the foundational or historical facts that underlie the immunity determination, the ultimate questions of statutory or qualified immunity are ripe for summary disposition

Nicholas v. Attorney General

584 Utah Adv. Rep. 13 · Utah Supreme Court · Aug 14, 2007

Because the provision is not clearly directed at remedying past gender discrimination, Hibbs does not apply. … Because neither the death of a daughter-in-law nor the assistance of a healthy adult child qualifies for family-care leave, Ms. Nicholas could only qualify for leave under the self-care provision of the FMLA. .