Case law

Martinez v. Regents of University of California

50 Cal. 4th 1277 · California Supreme Court · Nov 15, 2010

Or, as plaintiffs put it, if section 68130.5 requires an illegal alien to attend a California high school for three years in order to qualify for the exemption from nonresident tuition, then the state has effectively established … Second, the Court of Appeal also concluded section 68130.5 did not provide that qualifying unlawful aliens are eligible for nonresident tuition clearly enough to satisfy the “affirmatively provides” requirement.

Awakuni v. Awana

115 Haw. 126 · Hawaii Supreme Court · Aug 24, 2007

Plaintiffs contend that “[e]ven if the EUTF trustees may qualify for sovereign or other immunity (i.e., pursuant to HRS § 26-35.5(b)), the evident intention of HRS § 87A-25(4) was to mandate a waiver of immunity as to fiduciary … was intended for purposes of analyzing the qualified privilege in a claim for defamation, not for immunity pursuant to HRS § 26-35.5.

LaShay v. Department of Social & Rehabilitation Services

160 Vt. 60 · Supreme Court of Vermont · Jan 15, 1993

We have recognized two degrees of official immunity: absolute immunity and qualified immunity. Id. at 184-85, 559 A.2d at 1078 . … “Good faith exists where an official’s acts did not violate clearly established rights of which the official reasonably should have known.” Murray v. White, 155 Vt. 621, 630 , 587 A.2d 975, 980 (1991).

Todd Kent, Mark Spessert, Christopher Kutcher, City of Charleston Town, Bradley Meacham, Glenna Hosby-Brown, William Roper, and City of Ranson v. Christopher Sullivan

West Virginia Supreme Court · May 9, 2024

Code § 29-12A-1 et seq. would apply; (4) the matter involves discretionary judgments, decisions, and/or actions; (5) the acts or omissions are in violation of clearly established … Thus, the circuit court’s overarching error here was in analyzing the immunity issue based on the principles set forth in Estate of Grove – principles established to govern common law qualified immunity cases involving

City of Fairbanks v. Rice

20 P.3d 1097 · Alaska Supreme Court · Oct 13, 2000

Federal qualified immunity shields government officials from liability for civil damages "insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would … Star Borough, 799 P.2d 295, 301 (Alaska 1990) (applying "clearly established" law test to discretionary function immunity claim under AS 09.65.070(d)(2)); Breck v.

Bauman v. State, Division of Family & Youth Services

768 P.2d 1097 · Alaska Supreme Court · Jan 27, 1989

Similarly, the United States Supreme Court stated: Whether an official may prevail in his qualified immunity defense depends upon the objective reasonableness of his conduct as measured by reference to clearly established … Heckman’s affidavit satisfied his initial burden of establishing the absence of factual dispute and his entitlement to judgment as a matter of law, based on qualified immunity. 1 Since the Baumans and R.J.W. did not demonstrate

Mississippi Department of Mental Health v. Shaw

45 So. 3d 656 · Mississippi Supreme Court · Oct 14, 2010

up to an established monetary limit — waives the immunity. 6 Finally, having declared sovereign immunity and then waiving it, the MTCA reclaims the immunity for twenty-five categories of actions or inactions, one of which … So we must now apply our precedent to the facts of the case before us to determine whether the promotion of Camp Fear qualifies for discretionary-act immunity.

Hopper v. Callahan

408 Mass. 621 · Massachusetts Supreme Judicial Court · Nov 20, 1990

He rejected, however, the assertion of each defendant that he was entitled to qualified immunity from the remaining § 1983 claims, concluding that Hopper had constitutional rights that were clearly established at the time … For that reason, no defendant was entitled to qualified immunity from liability for the consequences of any violation of Hopper’s Federal civil rights that he may have caused. See Anderson v.

Higgs v. DIST. COURT IN AND FOR DOUGLAS CO.

713 P.2d 840 · Supreme Court of Colorado · Jan 27, 1986

Qualified immunity provides a governmental official performing a discretionary function with an entitlement to immunity from liability upon a showing that the challenged conduct "does not violate clearly established statutory … The applicability of qualified immunity will turn "primarily on objective factors—that is, the objective reasonableness of an official's conduct, as measured by reference to clearly established law."

A. Ferland & Sons, Inc. v. Zoning Board of Review

105 R.I. 275 · Supreme Court of Rhode Island · Mar 24, 1969

The petitioner, while raising several contentions concerning failure to have notice with respect to the dismissal of the remonstrants’ appeal in the supreme court, is here clearly appealing from the decision of the board … *279 or in reliance thereon to proceed with construction, the courts will recognize his acquisition of equities that will immunize his permit from such revocation or nullification.

Lawton v. City of Pocatello

126 Idaho 454 · Idaho Supreme Court · Dec 2, 1994

At the close of evidence, the City moved for a directed verdict on the grounds that it was immune from liability and that the plaintiffs had failed to establish a negligence cause of action. … It was established at trial that Pline was intimately familiar with the MUTCD and his technical background qualified him as an expert in traffic engineering.

Fortune v. Lee County Bd. of Sup'rs

725 So. 2d 747 · Mississippi Supreme Court · Jul 2, 1998

Coplin thus dealt with qualified immunity in the context of the liability of a supervisor sued in his individual capacity. In Mohundro v. … Alcorn County, 675 So.2d 848, 853 (Miss.1996)(qualified immunity applicable only to public official's performance of discretionary duties).

Provo City Corp. v. State Ex Rel. Department of Transportation

137 Utah Adv. Rep. 8 · Utah Supreme Court · Jun 27, 1990

Qualified Immunity We hold that the second paragraph of § 63-30-3 provides only a qualified immunity to governmental entities engaged in flood-related activities. … Under the State’s position, even though the legislature clearly waived immunity for a plaintiff’s claim of a defective dam or reservoir in § 63-30-9, that plaintiff would be without remedy under the statute because of the

Joy Maphis v. City of Boulder, Colorado

2022 CO 10 · Supreme Court of Colorado · Feb 22, 2022

suit. [1] ¶2 We agree with the court of appeals that Maphis failed to establish a waiver of immunity. … . ¶48 The CGIA clearly waives immunity for claims seeking compensation for injuries resulting from the dangerous condition of a public sidewalk.

Deckert v. Lang

774 P.2d 1285 · Wyoming Supreme Court · May 23, 1989

established, so that the Defendants were entitled to qualified immunity from liability from section 1983 civil rights laws as a matter of law? … Concerning the second issue, Harlow states that: “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” 457

Lawton v. City of Pocatello

120 Idaho 454 · Idaho Supreme Court · Dec 2, 1994

At the close of evidence, the City moved for a directed verdict on the grounds that it was immune from liability and that the plaintiffs had failed to establish a negligence cause of action. … It was established at trial that Pline was intimately familiar with the MUTCD and his technical background qualified him as an expert in traffic engineering.

Fuhriman v. State

143 Idaho 800 · Idaho Supreme Court · Feb 5, 2007

The State’s Memorandum clearly alerts Appellants as to its position that as a statutory employer it is immune from statutory liability. … In determining whether a party is immune to an I.C. § 72-223 third party liability suit, we “look to the previously established statutory definition of ‘employer’ found in [I.C. § 72-102(13)(a) ], as interpreted by this Court

May v. Southeast Wyoming Mental Health Center

866 P.2d 732 · Wyoming Supreme Court · Dec 29, 1993

Probably appellees Carol Matz and Jan Stiles also enjoy qualified immunity under the Child Protective Services Act. Wyo.Stat. § 14-3-209 (1986). … Therefore, should it appear that appellee reported this suspected child abuse in good faith, she will be entitled to qualified immunity under the statute. The reporting immunity statute contains two basic requirements.

Houston Belt & Terminal Railway Co., Bnsf Railway Co., and Union Pacific Railroad Co. v. City of Houston, Texas and Daniel Krueger, in His Official Capacity as Director of Public Works and Engineering

59 Tex. Sup. Ct. J. 512 · Texas Supreme Court · Apr 1, 2016

Recognizing our *162 jurisprudence clearly established that suits seeking to require government officers to comply with the law are not barred by governmental immunity because noncompliance’ with the law is an ultra vires … But while Krueger clearly had authority, and while he clearly had to use some judgment in determining “impervious surface,” the court of appeals stopped short of asking whether his authority might nonetheless have some limits

Mallory v. Brigham Young University

764 Utah Adv. Rep. 27 · Utah Supreme Court · Jul 8, 2014

And even if they qualify as Employees under the Act, the ultimate question of immunity would remain unresolved pending further analysis under the Act's specific requirements, including the myriad waivers of immunity and exceptions … The foster parents argued that "their status as employees of [the Department of Human Services (DHS)] establishe[d] an agency relationship entitling them to immunity under the umbrella of DHS." Id. 122 .