Case law

Williams v. Mayor of Baltimore

359 Md. 101 · Court of Appeals of Maryland · Jun 8, 2000

We hold that in enacting the immunity provision of [1979 Maryland Laws, Chapter] 307, it clearly was not the legislative intent to diminish or to curtail in any way the qualified immunity otherwise enjoyed by a law enforcement … Maryland case law has affirmatively established that, while performing their duties, law enforcement officers are public officials and, thus, fall within the scope of qualified immunity as to their discretionary acts.

Sphere Drake Insurance v. Philadelphia Gas Works

566 Pa. 541 · Supreme Court of Pennsylvania · Oct 18, 2001

The deferred compensation plan established for PFMC employees qualifies as an eligible deferred compensation plan applicable to employees of a “State, political subdivision of a State, and any agency or instrumentality of … A panel of the Commonwealth Court held that the Parking Authority was a local agency that enjoyed immunity under the Act — even though it was incorporated separately from its affiliated municipality and, thus, hardly qualified

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.

Greg Elkins v. Modena McKenzie

Mississippi Supreme Court · May 13, 2002

to qualified immunity. … to qualified immunity.

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.

Davis v. State

294 Md. 370 · Court of Appeals of Maryland · Oct 5, 1982

),” nor qualified for the exemption from the immunization requirement. … Maryland’s compulsory immunization program clearly furthers the important governmental objective of eliminating and preventing certain communicable diseases.

Foster v. Pearcy

270 Ind. 533 · Indiana Supreme Court · Apr 3, 1979

The Court of Appeals reversed, holding that Pearcy as Prosecuting Attorney enjoyed only a qualified immunity for statements made to the press by him and his deputy Leroy New. Foster v. … He argues that the prosecutor, as a member of the executive branch, cannot claim the immunity reserved for the judiciary, but only a qualified immunity akin to that accorded other executive officials in this Court’s previous

King v. Town of Monmouth

697 A.2d 837 · Supreme Judicial Court of Maine · Jul 18, 1997

Nor has King defeated qualified immunity for the individual defendants by demonstrating their engagement in specific actions that transgressed clearly established constitutional rights. See Lyons v. … The court therefore did not err in extending qualified immunity to the individual defendants.

Foran v. Fisher Foods, Inc.

17 Ohio St. 3d 193 · Ohio Supreme Court · Jun 5, 1985

We note that appellant’s complaint sounds strictly in negligence and any allegation of intentional conduct is clearly lacking. … If so, then appellee may invoke the constitutional and statutory immunity, thereby precluding appellant’s suit. Each lower court answered the query in the affirmative. We agree with their assessments.

Mooney v. Sneed

30 S.W.3d 304 · Tennessee Supreme Court · Oct 13, 2000

The defendant-EMTs filed a motion for summary judgment asserting that they are immune from suit under the Tennessee Governmental Tort Liability Act (“GTLA”), Tenn.Code Ann. § 29-20-310(b) (Supp.1999), which establishes government … We likewise decline to adopt qualified immunity for the defendants as urged in their brief and at oral argument.

Carter v. Bush

296 Ark. 261 · Supreme Court of Arkansas · Jul 18, 1988

Gray, supra, we qualified the holding in Carter by stating that this statute is a grant of immunity, expressing disapproval of language in the Carter v. … The trial court noted, correctly, that while Bush and Collard are immune from tort liability as state employees, it is a qualified -immunity and suit can be maintained against an employee to the extent the employee is protected

Abel Limones, Sr. v. School District of Lee County

40 Fla. L. Weekly Supp. 182 · Supreme Court of Florida · Apr 2, 2015

Users are clearly “immune from civil liability for any harm resulting from the use or attempted use” of an AED. § 768.1325(3), Fla. Stat. … Of course, as McCain acknowledges, some facts must be established to determine whether a duty exists, such as the identity of the parties, their relationship, and whether that relationship qualifies as a special relationship

Frederick County School Board v. Hannah

267 Va. 231 · Supreme Court of Virginia · Jan 16, 2004

Code § 15.2-2703 authorizes a variety of designated political subdivisions 1 to join self-insurance pools while Code § 15.2-2704 establishes the powers of those pools. … By writing the statute in the disjunctive, the General Assembly has clearly provided that the School Board, solely by virtue of its ownership of “a vehicle involved in an accident” is liable up to “the limits of valid and

Fox v. Wills

390 Md. 620 · Court of Appeals of Maryland · Jan 18, 2006

needed to overcome qualified immunity. … The Circuit Court granted the motion to dismiss, stating “that there is clearly privilege here or immunity, whether it is qualified or quasi-judicial.” 4 The plaintiff appealed, and the Court of Special Appeals affirmed,

Wright v. Grove Sun Newspaper Co., Inc.

873 P.2d 983 · Supreme Court of Oklahoma · Apr 12, 1994

bar” of restraint. 31 The facts before us clearly establish that the district attorney called a news conference open to the public, whose subject was the conduct of a drug investigation by his office — a matter of general … For further discussion of the distinctions between absolute and qualified privilege/immunity, see Forrester v.

Sanderson v. Cole

2026 ND 16 · North Dakota Supreme Court · Jan 29, 2026

Absolute immunity defeats a suit at the outset, while an official with qualified immunity must establish his or her conduct did not violate clearly established statutory or constitutional rights of which a reasonable person … Absolute prosecutorial immunity, like judicial immunity, is “a well-established and long- standing legal doctrine” and Sanderson did not request any form of relief not barred by the immunity.

Ex Parte Franklin County Dept. of Human Resources

674 So. 2d 1277 · Supreme Court of Alabama · Jan 12, 1996

immunity and the issue presented on appeal concerns not which facts the parties might be able to prove, but, rather, whether certain given facts show a violation of clearly established law. … judgment for the defendant on the ground that even under the defendant's version of the facts the defendant's conduct violated clearly established law, whether the law clearly proscribed the actions the defendant claims

Papenhausen v. Schoen

268 N.W.2d 565 · Supreme Court of Minnesota · Jun 23, 1978

The Arizona Supreme Court reversed but recognized a qualified immunity: “ * * * The board members should not bear liability for taking the risk allocated to them as a statutory duty. … “We are persuaded that public needs are best served by a qualified rather than absolute immunity for parole board members in relation to their parole decisions.” 115 Ariz. 265 , 564 P.2d 1232 .

Khan v. Yale University

347 Conn. 1 · Supreme Court of Connecticut · Jun 27, 2023

(4) If the answer to the second question is no, would Connecticut afford Doe qualified immunity or no immu- nity at all? See Khan v. Yale University, supra, 27 F.4th 833–34. … Supp. 3d 677–78 (concluding that defendant was not entitled to qualified immunity at motion to dismiss stage but not foreclosing that qualified immunity may be established as matter of law during later stage of pro- ceedings

Ford v. Kenosha County

160 Wis. 2d 485 · Wisconsin Supreme Court · Mar 11, 1991

"The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions as established by the evidence at trial." Imbler, 424 U.S. at 419 n.13. … In these situations, a prosecutor is entitled to a qualified immunity. Id.