Case law

Love v. Harlem Irrigation District

245 Mont. 443 · Montana Supreme Court · Dec 4, 1990

The Irrigation District is clearly a “governmental entity” within the meaning of § 2-9-111, MCA. … Harlem Irrigation District is clearly a governmental entity immune from suit under these definitions. *447 Under § 2-9-111(3), MCA, the commissioners individually are immune as members of a legislative body who are immune

Smith v. OUR LADY OF LAKE HOSP.

639 So. 2d 730 · Supreme Court of Louisiana · Sep 15, 1994

immunity, the language of the statute would have clearly reflected this intent." … Employing the former approach and tailoring the definition to fit the qualified immunity provision, courts have found that lack of malice or good faith can be proven by establishing a reasonable basis for the conduct.

Bankston v. Pass Road Tire Center, Inc.

611 So. 2d 998 · Mississippi Supreme Court · Dec 31, 1992

Officers, like Rogers and Smith, are not absolutely immune from liability for their discretionary actions; they can be held liable for their discretionary actions if their conduct does violate a clearly established constitutional … Even if the impoundment was at their own discretion, they would enjoy a qualified immunity.

Poston v. Unified School District No. 387

286 Kan. 809 · Supreme Court of Kansas · Aug 1, 2008

A school gymnasium has been held to be *814 qualified “public property” for the purposes of K.S.A. 2007 Supp. 75-6104(o), and its use for basketball practice was clearly a recreational use. … Curiously, Jackson *821 I makes that point quite clearly.

Passatempo v. McMenimen

458 Mass. 1007 · Massachusetts Supreme Judicial Court · Oct 14, 2010

The court did not expressly address the qualified immunity issue. Id. The defendant appealed. Id. On appeal, the Ninth Circuit did not reach the qualified immunity issue as to the first set of claims. 7 Id. at 303-304 . … He may, as we twice clearly indicated in McMenimen I, pursue the immunity issues as a matter of right in *1010 his direct appeal. Id. at 187 & 193 n.13, citing Littles, supra at 880 .

Erskine v. Commissioner of Corrections

682 A.2d 681 · Supreme Judicial Court of Maine · Aug 15, 1996

In their answer, the defendants raised the affirmative defenses of sovereign and qualified immunity, M.R.Civ.P. 8(c). … Despite their knowledge of Robinson’s violent nature, the defendants are entitled to the defense of qualified immunity for purposes of section 1983 liability.

Robinson v. City of West Allis

239 Wis. 2d 595 · Wisconsin Supreme Court · Dec 13, 2000

When faced with the defense of qualified immunity the plaintiff bears the burden of establishing that a defendant's conduct violated " 'clearly established statutory or constitutional rights of which a reasonable person would … While it is clearly established that an individual has a right to be free from excessive force, our qualified immunity inquiry must be much more particularized as to the facts of each case. Anderson v.

SER City of Bridgeport v. Hon. John Lewis Marks, Jr., Judge

West Virginia Supreme Court · May 27, 2014

“The ultimate determination of whether qualified or statutory immunity bars a civil action is one of law for the court to determine. … City of Huntington, 198 W.Va. 139, 479 S.E.2d 649 (1996), absolute statutory immunity, like qualified immunity, “is an immunity from suit rather than a mere defense to liability” that “is effectively lost if the case is

Dinsdale v. Commonwealth

424 Mass. 176 · Massachusetts Supreme Judicial Court · Feb 3, 1997

Government officials are normally protected only by a qualified immunity, and those officials seeking an absolute exemption from personal liability must show that public policy requires an immunity of that scope. … In Chicopee Lions Club, supra at 251, we established that the scope of prosecutorial immunity under G. L. c. 12 is “at least as broad as under § 1983.” See Rodriques v.

Bosteder v. City of Renton

117 P.3d 316 · Washington Supreme Court · Jul 28, 2005

This suggests the law was clearly established at the time the current warrant was sought and the defendants would not have been entitled to qualified immunity. … However, I disagree the individual defendants are entitled to qualified immunity from liability under 42 U.S.C. § 1983 because they did not violate a "clearly established" right.

Ex parte Ingram

229 So. 3d 220 · Supreme Court of Alabama · Feb 24, 2017

The same result is reached in federal qualified-immunity analysis by the requirement that the right the defendant is alleged to have violated must be “clearly established,” by which the federal cases mean not only that the … Saucier further instructs that ‘[i]f the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.’ Id. (emphasis added).”

Bennett v. Coffman

178 W. Va. 500 · West Virginia Supreme Court · Apr 14, 1987

I It has long been established that a police officer is entitled to qualified immunity from an assessment of damages against him in an action under 42 U.S.C. § 1983 if he acted with a reasonable and good faith belief that … The appellees in this case are therefore immune from damages unless they acted contrary to clearly established law as it existed at the time they entered Mr.

Ex Parte Turner

840 So. 2d 132 · Supreme Court of Alabama · Jun 21, 2002

and qualified immunity. … Turner's affidavit provides uncontroverted sworn statements that sufficiently establish qualified immunity from the § 1983 action.

McDuffie v. Roscoe

679 So. 2d 641 · Supreme Court of Alabama · Apr 19, 1996

This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v. … "The duty to inspect the roads is an affirmative duty but one that also involves a type of discretion giving rise to qualified immunity.

State v. Copple

224 Neb. 672 · Nebraska Supreme Court · Feb 13, 1987

A statute is presumed to be constitutional and unconstitutionality must be clearly established before this court is authorized to declare it void. State v. Neal, 187 Neb. 413, 416 , 191 N.W.2d 458, 460 (1971). … A trial court’s finding that a prima facie case has been established concerning existence of a conspiracy will be upheld unless such finding is clearly erroneous. Cf. United States v.

Dearden v. City of Detroit

403 Mich. 257 · Michigan Supreme Court · Aug 30, 1978

The Court reached this conclusion after noting the statutory power of the commission to regulate all public utilities was qualified by the phrase, "except as otherwise restricted by law”. … .; MSA 28.2271, et seq., the Legislature intended to grant the Department of Corrections immunity from local zoning ordinances when establishing state penal institutions.

Knott County Board of Education v. Patton

415 S.W.3d 51 · Kentucky Supreme Court · Dec 19, 2013

We also conclude that the individual Appellants were engaged in the performance of discretionary duties covered by the qualified official immunity doctrine. … of qualified official immunity.

Lake & Peninsula Borough Assembly v. Oberlatz

329 P.3d 214 · Alaska Supreme Court · Jul 11, 2014

The court also dismissed the § 1983 claim against all of the defendants, finding no violation of a clearly established federal statutory or constitutional right. … or qualified immunity” grounds.

Paul Civetti v. Selby Turner & Town of Isle La Motte

296 A.3d 132 · Supreme Court of Vermont · Dec 30, 2022

After further development of the record, the Town moved for summary judgment on several bases, including qualified immunity, and the trial court granted the motion. … “Absolute immunity is generally afforded to judges . . . legislators, and the highest executive officers,” while “[o]nly qualified immunity is extended to lower-level officers, employees, and agents.” O’Connor v.

Madsen v. Borthick

658 P.2d 627 · Utah Supreme Court · Jan 28, 1983

We are unwilling to read this artificial distinction into the Governmental Immunity Act in the absence of a clearly expressed legislative purpose to that effect. We find none. … of governmental immunity established in the Governmental Immunity Act. 10 The 1978 amendment to the Governmental Immunity Act, in § 63-30-4, establishes a new statutory standard for official immunity.