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628 S.W.3d 629 · Supreme Court of Arkansas · Sep 16, 2021
conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge. Id.
Cited 20 timesPublished377 S.W.3d 211 · Supreme Court of Arkansas · Sep 30, 2010
He said: Additionally, both defendants are employees of governmental entities and are thus entitled to qualified immunity. … We agree with appellants that section 21-9-301(a) does not include a maliciousness element and that it clearly cites an exception as to immunity to the extent of liability insurance.
Cited 21 timesPublished685 N.W.2d 637 · Supreme Court of Iowa · Aug 11, 2004
And under the asymmetrical immunity forged by that holding, the public trust would clearly suffer. See Blanton, 258 N.W.2d at 309-10 . … We therefore do not decide whether Phillips is entitled to a qualified immunity.
Cited 14 timesPublishedStratman v. Admiral Beverage Corp.
760 P.2d 974 · Wyoming Supreme Court · Aug 24, 1988
In Bence, the owners were clearly not employers of the injured worker. … Established liability for premium payment is a necessary coordinate for defined coverage and provided immunity.
Cited 32 timesPublishedNance by and Through Nance v. Matthews
622 So. 2d 297 · Supreme Court of Alabama · Apr 9, 1993
They argue that they are entitled to both absolute immunity and qualified immunity for the performance of discretionary functions. On appeal, a dismissal is not entitled to a presumption of correctness. Jones v. … The defendants argue that they were engaged in the performance of discretionary functions and, therefore, are entitled to qualified immunity.
Cited 264 timesPublishedMartinez 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.
Cited 30 timesPublishedCregan v. Fourth Memorial Church
175 Wash. 2d 279 · Washington Supreme Court · Sep 13, 2012
If the property is not open to the public, then immunity does not attach. ¶11 Landowners who open their lands to the public may be able to restrict some access and still qualify for recreational use immunity, but the line … To qualify for immunity under the statute, however, a landowner cannot restrict access by discriminating against the user based on personal traits. 5 When an owner excludes people in this way — that is, has a selective invitation
Cited 17 timesPublished141 Ariz. 609 · Arizona Supreme Court · Sep 11, 1984
In general, Arizona law establishes a two-part analysis for determining whether a qualified privilege exists. … To establish that a privileged occasion arose, a defamation defendant must establish that the circumstances in which the communication was made created an obligation to speak. Id. at 313 , 464 P.2d at 336 .
Cited 118 timesPublished339 Md. 70 · Court of Appeals of Maryland · Jun 30, 1995
Yet owing to the qualified immunity enjoyed by most government officials, see Scheuer v. … , qualified public official immunity is a defense only to negligence actions.
Cited 246 timesPublishedVenters v. Sorrento Delaware, Inc.
141 Idaho 245 · Idaho Supreme Court · Feb 23, 2005
Sorrento filed a motion for summary judgment, arguing it too qualified as Mr. Venters’ statutory employer and, thus, was immune from third-party liability pursuant to I.C. § 72-223. … Montierth can only qualify as occupying the status of Mr.
Cited 30 timesPublishedLewis v. Alcohol Drug Service Of
Montana Supreme Court · Sep 7, 1995
First, we determine whether Wonnacott's actions violated one of Lewis' clearly established rights. If not, our inquiry is over because the first part of the Harlow test is not satisfied. … Lewis makes a passing argument that, even if the defendants were entitled to qualified immunity, that immunity would extend to monetary damages only.
Cited 0 timesPublishedPamela G. Argereow v. Verne M. Weisberg, M.D.
195 A.3d 1210 · Supreme Judicial Court of Maine · Oct 16, 2018
to Mercy squarely within the scope of immunity established in section 2511. … At this stage of the proceedings, it is premature to conclude that Weisberg’s claim of immunity has been clearly established within the four corners of Argereow’s complaint.
Cited 34 timesPublished408 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.
Cited 29 timesPublishedSupreme Court of Florida · Jan 27, 2014
When read together, the title and summary are still misleading because they do not clearly and unambiguously disclose to voters that those with “conditions” would qualify for medical marijuana under the amendment’s text … And while the definition in the amendment’s text of what qualifies for medical marijuana as a “Debilitating Medical Condition” includes a specific list of diseases that are clearly “debilitating” (such as cancer,
Cited 0 timesPublishedSupreme Court of Iowa · Jun 23, 2023
Qualified Immunity. … Iowa Code section 669.14A(2) codified a substantive qualified immunity protection that made the state and state agencies immune from liability from certain tort claims.
Cited 0 timesPublishedWilliam Marsh Rice University and Gary Spears v. Rasheed Refaey
58 Tex. Sup. Ct. J. 741 · Texas Supreme Court · Apr 24, 2015
In Klein, a different statutory scheme enabled a private university teaching hospital to qualify as a state agency, and therefore its employee, the defendant-doctor, qualified as an employee of a state agency for the purpose … According to Refaey, this Black’s-attributed definition is consistent with how “officer” is used in section 51.014(a)(5) and clearly excludes peace officers.
Cited 17 timesPublished126 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.
Cited 47 timesPublishedGreene County Agricultural Society v. Liming
89 Ohio St. 3d 551 · Ohio Supreme Court · Sep 6, 2000
The functions at issue clearly are not ones “imposed upon the state as an obligation of sovereignty.” … We stress that, upon remand, Mangan’s personal immunity is an open question, at this time neither established nor foreclosed.
Cited 170 timesPublished120 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.
Cited 45 timesPublished400 Md. 98 · Court of Appeals of Maryland · Jul 25, 2007
In addition to the common law qualified immunity, Baltimore City police officers enjoy an indirect statutory qualified immunity under LGTCA. … immunity, but only qualified public official immunity. 10 .
Cited 67 timesPublished
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