Case law

Li v. Feldt

439 Mich. 457 · Michigan Supreme Court · May 20, 1992

In sum, Pound did not establish any public nuisance exception to governmental immunity; rather, it established, at most, a narrow corollary to the narrow trespass-nuisance exception recognized by cases such as Ferris and … Thus, regardless of whether nuisance per se might qualify as an exception to governmental immunity, neither Li nor Garcia presents a colorable claim of nuisance per se. III.

Hinds County v. Perkins

64 So. 3d 982 · Mississippi Supreme Court · Jun 30, 2011

However, not every claim to governmental immunity qualifies as immunity from suit. … This Court has never recognized that governmental immunity from suit establishes a right directly to appeal a pretrial ruling denying immunity.

Thomas v. Clearfield City

642 P.2d 737 · Utah Supreme Court · Feb 24, 1982

qualifies for governmental immunity as "essential to the core of governmental activity." … Immunity is not waived for latent defective conditions. Clearly, the blocked sewer line which allegedly caused plaintiff's damage in the instant *740 case is a public improvement. In Parrish v.

Heard v. Johnson

810 A.2d 871 · District of Columbia Court of Appeals · Nov 21, 2002

Immunity Claim 1. The Trustees Right to Assert This Immunity. … As such, the case would have fallen into a clearly delineated exception (discussed below) to a church’s First Amendment immunity from suit.

Salisbury v. Stone

518 A.2d 1355 · Supreme Court of Rhode Island · Dec 23, 1986

Salisbury also argued that under case law establishing a rationale for extending qualified immunity to government officials. … Stone does not possess such immunity. 4 .The trial justice also held that since Salisbury failed to allege that Stone violated any of Salisbury's statutory or constitutional rights clearly established and reasonably knowable

Health Care Authority for Baptist Health v. Davis

158 So. 3d 397 · Supreme Court of Alabama · May 17, 2013

In response, Davis contends that the Authority does not qualify for State immunity and, further, does not qualify for the protection of the $100,000 damages cap in § 11-93-2. II. … As this Court specifically has held, UABHS is not part of the State so as to qualify for immunity under § 14.

Powers v. Office of Child Support

173 Vt. 390 · Supreme Court of Vermont · Apr 5, 2002

cause of action for noncompliance with Title IV-D regulations, was not clearly established at the time the alleged violations took place. … In the alternative, defendants argued that the named employees were entitled to qualified immunity. The superior court, relying on Noble v.

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.

Peck v. Delaware County Board of Prison Inspectors

572 Pa. 249 · Supreme Court of Pennsylvania · Dec 31, 2002

In those situations, the general contractor who meets the five-part McDonald test qualifies as the statutory employer of the subcontractor’s employee, and is immune from suit by that employee. … Accordingly, we endorse the principle that, for purposes of Section 203 statutory employer immunity, statutory employer status should be found only where all five elements of the McDonald test are clearly met. 2 Turning to

Rex Rammell and Lynda Rammell v. State of Idaho

154 Idaho 669 · Idaho Supreme Court · Sep 14, 2012

The Rammells’ § 1983 claims against Risch and Huffaker are barred by qualified immunity. … “If a government official violates the claimant's constitutional rights, qualified immunity generally turns on the objective reasonableness of the action assessed in light of the legal rules that were clearly established

Schmitz v. City of Dubuque

682 N.W.2d 70 · Supreme Court of Iowa · Jun 16, 2004

City of Eldridge, 661 N.W.2d 134 (Iowa 2003), that discretionary-function immunity had not been established. … If the rule were otherwise, virtually every case would qualify for immunity. In any event, the city engineer’s opinion on the reason for not adding fill to the shoulder was “speculation.”

State Employees' Ass'n of New Hampshire, Inc. v. Belknap County

122 N.H. 614 · Supreme Court of New Hampshire · Jul 7, 1982

The trial court reasoned that qualifying retired employees and the beneficiaries of qualifying deceased employees should be excluded from the class because they are not current employees. … These employees have clearly sustained an injury as a result of the defendants’ failure to enroll them in the system, and they have a right to appropriate relief.

Northport Health Services, Inc. v. Owens

356 Ark. 630 · Supreme Court of Arkansas · Apr 8, 2004

Qualified Immunity We first address Northport’s and Unkel’s claim that they were required to report abuse under Arkansas law and, thus, were entitled to qualified immunity for all such reports. … The Long-Term Care Act clearly establishes the State’s public policy of protecting adults in long-term care facilities from abuse and neglect.

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).

Smith v. Smith

646 N.W.2d 412 · Supreme Court of Iowa · Jun 12, 2002

Moreover, “[s]ubject matter jurisdiction is not *415 dependent on whether the petition has established a meritorious claim.” … While it does not appear this court has directly held parental immunity is an affirmative defense, it has held qualified immunity is. See Dickerson v.

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 .

Ex Parte Greater Mobile-Wash. County Mental

940 So. 2d 990 · Supreme Court of Alabama · Mar 3, 2006

Clearly the State. … The difficulty in deciding just what municipal services qualify for this immunity is exemplified by the split on the Court in Ziegler v.

Feyz v. Mercy Memorial Hospital

475 Mich. 663 · Michigan Supreme Court · Jun 24, 2006

Finally, we must also construe the undefined peer review statutory term “malice.” *667 Because the peer review immunity statute establishes qualified immunity from liability for peer review communication and participants … MCL 331.531(2) specifically delineates which groups qualify as “review entities” entitled to peer review immunity.

McFadden v. State

542 So. 2d 871 · Mississippi Supreme Court · Feb 1, 1989

At least one recent federal case, however, has established a pierce in the shield of qualified immunity for prison officials. Jackson v. Hollowell, 714 F.2d 1372 (5th Cir.1983). … And, the Supreme Court has announced: Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Ex Parte Alabama Dept. of Transp.

764 So. 2d 1263 · Supreme Court of Alabama · Feb 25, 2000

Under this section, "[t]he State and its agencies have absolute immunity from suit in any court." Mitchell v. Davis, 598 So.2d 801, 806 (Ala.1992). ALDOT is clearly a State agency, and, as such, is immune from suit. … Qualified immunity cannot bar a claim for intentional misconduct or willful fraud. Phillips, supra ; Barnes, supra ; and Unzicker v.