Case law

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.

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.

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.

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

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.

Coe v. BOARD OF EDUC. OF TOWN OF WATERTOWN

301 Conn. 112 · Supreme Court of Connecticut · Jun 7, 2011

By the passage of § 52-557n the legislature abandoned] the common-law principle of municipal sovereign immunity and established] the circumstances in which a municipality may be liable for damages. Doe v. … We conclude, however, that the trial court’s ruling may be affirmed on the alternate ground that Gregoire and Mangione were immune from liability under the doctrine of qualified immunity.

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.

State v. Collins

461 P.3d 828 · Supreme Court of Kansas · Apr 24, 2020

For purposes of K.S.A. 2019 Supp. 21-5231, the State establishes the probable cause necessary to defeat a pretrial motion for immunity if the district court's factual findings are sufficient for a person of ordinary prudence … K.S.A. 2019 Supp. 21-5231 confers a "true immunity" for those who qualify.

Bishop v. Miche

973 P.2d 465 · Washington Supreme Court · Mar 25, 1999

We said in Taggart that this duty arises only when it has been shown that the parole officer lacks absolute and qualified immunity for the actions claimed to be negligent. … Thus, following Savage , a finding of qualified personal immunity on the part of the individual officer does not end the inquiry.

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.

Hanson v. Morton

67 A.3d 437 · Supreme Court of Delaware · Jun 11, 2013

be classified as “public employees [of the State] engaged in duties involving the exercise of discretion.” 9 We rejected the argument that public defenders were entitled to absolute immunity rather than the qualified immunity … Given the qualified immunity provided to court appointed counsel by 10 Del.

Matthew Burgess v. Lamoille Housing Partnership, Town of Morristown, Mary Ann Wilson as Collector of Taxes and Sharon Green, Esq.

201 Vt. 450 · Supreme Court of Vermont · Mar 11, 2016

that covered his claims and thus waived its immunity pursuant to 29 V.S.A. § 1403; (4) denied Attorney Green’s motion to dismiss based on her claim of qualified immunity; and (5) granted Attorney Green’s motion to dismiss … White, 155 Vt. 621, 630, 587 A.2d 975, 980 (1991) (stating that good faith depends “on the objective reasonableness of an official’s conduct, as measured by reference to clearly established law” (quoting Harlow v.

Cardwell v. Rockford Memorial Hospital

136 Ill. 2d 271 · Illinois Supreme Court · Apr 18, 1990

The trial court found that the statutes cited by White and the hospital established a qualified immunity. … The immunity was qualified, according to the trial court, in that it was not applicable where a party’s conduct was willful or wanton.

St. Pierre v. Town of Plainfield

326 Conn. 420 · Supreme Court of Connecticut · Aug 8, 2017

‘‘The standard of review of a trial court’s decision 206 granting summary judgment is well established. … Cox, [129 Conn. 106, 109, 26 A.2d 592 (1942)]; then 265 it clearly is not deriving a special corporate benefit or 266 pecuniary profit.

Maxwell v. AIG Domestic Claims, Inc.

460 Mass. 91 · Massachusetts Supreme Judicial Court · Jun 30, 2011

Under the statute, however, immunity is available, in “the absence of malice or bad faith.” Id. This is a form of qualified immunity. See Kobrin v. … Ct. 922, 923-924 (1988) (persons filing reports with board of podiatry enjoy qualified immunity and plaintiffs “hav[e] the burden of overcoming [statutory] immunity”).

State of Idaho v. Gannon Manuelito

Idaho Supreme Court · May 7, 2026

Subsection (2) governs immunity for the person experiencing the drug-related emergency and omits the “acting in good faith” qualifier. Only subsection (1) has a “good faith” requirement. … The court erred in determining that the manager’s good faith in calling emergency services qualified Manuelito for immunity under Idaho Code section 37- 2739C.

Corsentino v. Cordova

2000 Colo. J. C.A.R. 3653 · Supreme Court of Colorado · Jun 26, 2000

The GIA generally establishes governmental immunity from suit in tort actions filed against public entities or their employees. See § 24-10-106. … Normally immunity determinations raised pursuant to a C.R.C.P. 12(b)(1) motion are reviewed under the clearly erroneous standard because they are essentially factual. See Trinity Broadcasting, 848 P.2d at 924-25 .

Temple v. Marlborough Division of the District Court Department

395 Mass. 117 · Massachusetts Supreme Judicial Court · Jun 10, 1985

Donaldson, 422 U.S. 563 (1975) (superintendent of State hospital has qualified immunity); Scheuer v. Rhodes, 416 U.S. 232 (1974) (Governor and other State executive officials have *130 qualified immunity); Pierson v. … Md. 1982) (State’s qualified immunity doctrine did not render State remedy inadequate under Parratf).

Kamryn Baker v. Lynn Fields

Kentucky Supreme Court · Mar 22, 2018

its scope of appellate review when it addressed the substantive claim of negligence on an interlocutory appeal o.f a decision about qualified official immunity. … Only the issue of qualified official immunity may be decided upon 9 "Interlocutory jurisdiction for denials of immunity is limited to the specific issue of whether immunity was properly depied." Range v.