Case law

Anthony Sutton v. Vermont Regional Center

2019 VT 71 · Supreme Court of Vermont · Oct 4, 2019

Immunity ¶ 50. We recognize two forms of immunity for government employees: absolute immunity and qualified immunity. Kennery, 2011 VT 121, ¶ 43. … established law, [the] defendant is immune from their lawsuit.”

Tolliver v. Department of Transportation

948 A.2d 1223 · Supreme Judicial Court of Maine · May 13, 2008

Limit established. … The availability of qualified immunity is often closely intertwined with the facts of a case; thus, where there has been a trial, appellate review should be confined to those facts established at trial.

Polly Carver-Kimm v. Kim Reynolds, Pat Garrett, and State of Iowa and Gerd Clabaugh, Sarah Reisetter, And Susan Dixon

Supreme 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.

Oien v. City of Sioux Falls

393 N.W.2d 286 · South Dakota Supreme Court · Sep 10, 1986

The sovereign can retain rights or qualify the grant. As we have noted ... the doctrine of sovereign immunity predates our constitution. 295 N.W.2d at 739 . … In High-Grade Oil, supra, we characterized article III, § 27, as recognition of the doctrine of sovereign immunity; authority for a qualified grant of a right of action against the sovereign.

Billy Dean Smith and Jacob Lee Anagick v. State of Alaska, Department of Corrections

447 P.3d 769 · Alaska Supreme Court · Aug 30, 2019

The prisoners appeal, arguing that they have a constitutionally protected interest in their jobs; that this interest was clearly established and therefore precludes a qualified immunity defense; that the superior court made … immunity because any relevant liberty interest the prisoners might have claimed was not clearly established.18 15 Smith v.

Livingston v. Town of Hartford

186 Vt. 547 · Supreme Court of Vermont · May 27, 2009

The trial court also concluded that Officer Baraldi was entitled to qualified immunity and noted that this was an independent basis to grant his motion for summary judgment. ¶ 13. … She states no clearly established right that was violated by the officer’s mere threat of arrest.

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.

Noll v. City of Bozeman

166 Mont. 504 · Montana Supreme Court · Apr 29, 1975

The record, as cited, clearly indicates the framers wished to preclude limitations upon the waiver of sovereign immunity. … Such restrictions on the abolition of sovereign immunity destroy the constitutional grant itself and are clearly unconstitutional.

Estate of Sharon Kahn and Suzanne L. Rowe, as Administrator of The Estate of Sharon Kahn, and Estate Of Vicki Hodges and Suzanne L. Rowe and Sierra D. Reyes, as Co-Administrators of the Estate of Vicki Hodges v. City of Clermont, Iowa, Fayette County Conservation Board, Fayette County, Iowa, and State of Iowa

Supreme Court of Iowa · Jun 13, 2025

Qualified Immunity and the Heightened Pleading Requirement. … The remedy for failing to meet the heightened pleading requirements is severe: “Failure to plead a plausible violation or failure to plead that the law was clearly established at the time of the alleged violation shall

STATE EX REL. YOUTH SVCS. SYS. v. Wilson

515 S.E.2d 594 · West Virginia Supreme Court · May 13, 1999

In this case, Youth Services contends that the circuit court's ruling with regard to its entitlement to immunity was clearly erroneous as a matter of law. III. … Since the immunity provisions at issue apply only to political subdivisions, Youth Services must first qualify as a "political subdivision" to invoke statutory immunity.

Board of County Commissioners v. Association of County Commissioners of Oklahoma Self-Insurance Group

339 P.3d 866 · Supreme Court of Oklahoma · Oct 21, 2014

Although it clearly insures, ACCO-SIG is not subject to the general rules of liability imposed on all insurers. III. IS ACCO-SIG PROTECTED BY THE GOVERNMENTAL TORT CLAIMS ACT? … principle behind the concept of sovereign immunity, which is "the inherent right of the sovereign to be immune from private suit."

Leslie Rutledge, Individually and as Attorney General of the State of Arkansas v. Pratt Cates Remmel, Jr. Gale Stewart Glen Hooks Robert B Leflar Elaine Dumas Michael B. Dougan Harvey Joe Sanner And Jackie Simpson

2022 Ark. 86 · Supreme Court of Arkansas · Apr 14, 2022

None of the facts and legal allegations established that the Attorney General exceeded any legal authority. Part B. … When determining whether State officers are entitled to statutory immunity, we have traditionally been guided by the standard used for qualified-immunity claims in federal civil rights actions. Banks v.

Sintra, Inc. v. City of Seattle

119 Wash. 2d 1 · Washington Supreme Court · May 14, 1992

Absolute immunity is not available for administrative acts of local officials. Creekside Assocs., Inc. v. Wood Dale, 684 F. Supp. 201, 205-06 (N.D. Ill. 1988). However, qualified immunity has been found to exist. … The determination of whether a particular right is "clearly established" is a complex one. Substantive due process claims have previously been found to be "well established" by the federal court. Bateson v.

Texas Tech University Health Sciences Center-El Paso v. Loretta K. Flores

Texas Supreme Court · Dec 31, 2024

As we held in Alamo Heights, because a statutory violation is necessary to establish an immunity waiver—such that jurisdiction and the merits intertwine—all three steps of the framework “are relevant to the jurisdictional … Flores does not contend in this Court that she is “clearly better qualified” than Sanchez; rather, she asserts that the reason given by the University for the decision to hire Sanchez over Flores— President Lange’s conclusion

Feldman v. Glucroft

522 So. 2d 798 · Supreme Court of Florida · Feb 4, 1988

There is an absolute, rather than a qualified, immunity from defamation actions in all judicial and legislative hearings; moreover, this type of immunity applies in many other professional, licensing, and administrative proceedings … We accept the legislative determination that, without this type of qualified immunity, a viable health care peer review process would be difficult, if not impossible, to maintain.

Davis Nursing Association v. Neal

570 S.W.3d 457 · Supreme Court of Arkansas · Apr 11, 2019

Clearly, this order which found that DLCC was not entitled to charitable immunity does not discontinue the action. Instead, the order allows the action to proceed. … We have explained that qualified immunity shields government officials from liability for civil damages when they are performing discretionary functions "insofar as their conduct does not violate clearly established statutory

Polly Carver-Kimm v. Kim Reynolds, Pat Garrett, and State of Iowa and Gerd Clabaugh, Sarah Reisetter, And Susan Dixon

Supreme 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.

Deborah Palm-Egle v. Jon Briggs, Individually and Wyoming Division of Criminal Investigation

545 P.3d 828 · Wyoming Supreme Court · Mar 26, 2024

Officer Briggs is entitled to assert qualified immunity. [¶32] The second question the federal district court asks is whether Officer Briggs is entitled to assert qualified immunity. … Thus, an officer establishes the reasonableness of his conduct for the purposes of qualified immunity even in the face of disagreement by other officers of reasonable competence. Id.

Henriksen v. Cameron

622 A.2d 1135 · Supreme Judicial Court of Maine · Mar 24, 1993

Collins was a “qualified licensed doctor who is qualified and licensed and practices in the area of psychiatry.” Dr. … In fact, this approach to interspousal immunity is a common one.

Nelson v. Town of St. Johnsbury Selectboard, LaMotte, Oddy, Ruggles, Rust, Timson and Town of St. Johnsbury

Supreme Court of Vermont · Jan 16, 2015

The Town argues that its selectboard members are entitled to qualified immunity because they did not violate a clearly established right. … We therefore conclude that the law was not clearly established and the selectboard is entitled to qualified immunity. On this point, we affirm the trial court’s grant of summary judgment.