Case law

Parrish v. Dunn (In re Price)

256 So. 3d 1184 · Supreme Court of Alabama · Jan 12, 2018

Parrish argues that Price and Lovelace, like Wood, have failed to present evidence establishing that they qualify for one of the Cranman immunity categories. … Thus, we conclude that Loveless qualifies for immunity under Cranman categories one and two. Accordingly, Price and Lovelace met their burden of establishing that they fall under an immunity category in Cranman .

Electrical Contractors, Inc. v. Department of Education

303 Conn. 402 · Supreme Court of Connecticut · Jan 17, 2012

conduct in this case was clearly in excess of their statutory authority. … The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law. ...

Hassan v. Mercy American River Hospital

3 Cal. Rptr. 3d 623 · California Supreme Court · Aug 18, 2003

However, I disagree with the majority's conclusion that section 43.8 provides only qualified immunity. … This is demonstrated by the fact that Business and Professions Code section 2318, which clearly creates absolute immunity, concludes with the same sentence.

Hunt ex rel. DeSombre v. State, Department of Safety & Homeland Security

69 A.3d 360 · Supreme Court of Delaware · Jun 25, 2013

not protected by qualified immunity. 14 To overcome qualified immunity, Hunt must demonstrate that Pritch-ett’s conduct violated a “clearly established” right. … Pritch-ett’s qualified immunity. 26 The Supreme *367 Court decision in T.L.O, followed by the Third Circuit Court of Appeals decision in Shuman v.

Guerrero Ex Rel. Guerrero v. Alaska Housing Finance Corp.

6 P.3d 250 · Alaska Supreme Court · Aug 4, 2000

Second, our cases and case law in other jurisdictions do not clearly establish the seope of a landlord's duty in comparable settings. … Neither case is apposite: Aspen deals with qualified official immunity and J & L Diversified involves municipal immunity under AS 09.65.070 from suits arising out of the permitting process. 78 . 498 P.2d 712, 722 (Alaska

Town of Loxley v. Coleman

720 So. 2d 907 · Supreme Court of Alabama · Aug 7, 1998

An agent of the State is not protected by absolute immunity when a complaint alleges negligent or wanton conduct, but in such a case the agent may be entitled to qualified immunity. … Denham was not entitled to qualified immunity in her individual capacity; therefore, the trial court properly denied the summary judgment as to Coleman's claims against Denham.

A.W. Financial Services, S.A. v. Empire Resources, Inc.

981 A.2d 1114 · Supreme Court of Delaware · Sep 15, 2009

In Delaware, as in most states, however, qualified immunity generally shields the peace officer from liability. What is important analytically is that qualified immunity does not supersede the common law of tort. … Because those defendants are seeking immunity protection under that statute, they are the parties responsible for establishing that the good faith requirement has been met.

Mellin v. Flood Brook Union School District

173 Vt. 202 · Supreme Court of Vermont · Dec 21, 2001

“Good faith exists where an official’s acts did not violate clearly established rights of which the official reasonably should have known.” Sabia v. Neville, 165 Vt. 515, 521 , 687 A.2d 469, 473 (1996). … immunity); see also Rich, 167 Vt. at 424 , 709 A.2d at 507 (disputed factual issue central to plaintiffs retaliation claim precluded summary judgment on qualified immunity).

Purdy v. Fleming

655 N.W.2d 424 · South Dakota Supreme Court · Dec 11, 2002

Additionally, the trial court granted summary judgment on the federal claim because of qualified immunity. [¶ 10.] … Whether Purdy’s federal claim under 42 USC § 1983 is barred by qualified immunity. [¶ 31.]

Furfaro v. City of Seattle

27 P.3d 1160 · Washington Supreme Court · Aug 2, 2001

The Court of Appeals also recognized, in its discussion of the qualified immunity issue, that the warrant requirement was not clearly established. … Qualified immunity is appropriate in this case precisely because the right violated was not clearly established: "The contours of the right to perform a nude stage dance without fear of warrantless arrest are not clearly

Hocker v. Woody

95 Wash. 2d 822 · Washington Supreme Court · Jul 23, 1981

They have, however, a qualified immunity so that they may exercise their discretion without undue timidity. Scheuer v. Rhodes, 416 U.S. 232 , 40 L. Ed. 2d 90 , 94 S. Ct. 1683 (1974); Wood v. … The petitioner's constitutional rights were therefore not clearly established at the time of the conduct and she could recover only if Woody's actions showed a malicious intent.

Advisory Opinion to the Attorney General re Use of Marijuana for Debilitating Medical Conditions

181 So. 3d 471 · Supreme Court of Florida · Dec 17, 2015

Does not immunize violations of federal law or any non-medical use, possession or production of marijuana. … As such, wé have explained that we are obliged to uphold a proposed amendment unless it is “clearly and conclusively defective.”

State Ex Rel. Golden v. Crawford

165 S.W.3d 147 · Supreme Court of Missouri · May 31, 2005

Section 190.307 provides the shielded entities with a qualified immunity allowing civil liability only in instances where gross negligence can be established. … At the time the trial court ruled on the summary judgment motion, it did not have the benefit of this Court’s opinion finding the qualified immunity under section 190.307 supplants the absolute immunity under the common law

J & J Construction Co. v. Bricklayers & Allied Craftsmen, Local 1

468 Mich. 722 · Michigan Supreme Court · Jul 9, 2003

Accordingly, we reverse the judgment of the Court of Appeals that the “actual malice” qualified immunity standard of New York Times applies in Petition Clause defamation cases regardless whether the plaintiff is a private … No qualified immunity is constitutionally provided to defamation defendants whose statements about private figures are made while petitioning the government.

Calvert Investments, Inc. v. Louisville & Jefferson County Metropolitan Sewer District

805 S.W.2d 133 · Kentucky Supreme Court · Mar 14, 1991

As such they do not qualify for sovereign immunity. … Kentucky Center for the Arts Corporation does not qualify for sovereign immunity under this concept.” ( 801 S.W.2d at 332 ) (emphasis added).

Minch v. District of Columbia

952 A.2d 929 · District of Columbia Court of Appeals · Jul 17, 2008

Katz, 533 U.S. 194 , 201, 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001) (in the context of qualified immunity of a police officer, “[i]f no constitutional right would have been violated were the allegations established, there is … If the law did not put the officer on notice that his conduct would be clearly unlawful, summary judgment based on qualified immunity is appropriate.”

Entila v. Cook

187 Wash. 2d 480 · Washington Supreme Court · Jan 12, 2017

RCW 51.08.013 then establishes employer immunity and defines “acting in the course of employment.” … These statutory provisions demonstrate that benefit eligibility and employer immunity are analytically tied—if an injured worker qualifies for benefits, the employer cannot be sued. ¶7 Although RCW 51.08.013 establishes benefit

New York Times Co. v. Superior Court

51 Cal. 3d 453 · California Supreme Court · Sep 27, 1990

The shield law provides an absolute rather than a qualified immunity. … In light of Delaney , the unpublished photographs at issue in this case are clearly within the scope of the shield law.

Chatman v. Hall

128 N.J. 394 · Supreme Court of New Jersey · Jun 29, 1992

The use of the words “any immunity of the public employee provided by law ” was clearly calculated. … Its primary function is to confer immunity, not to establish liability.

Webb v. County of Lincoln

536 So. 2d 1356 · Mississippi Supreme Court · Dec 21, 1988

An affidavit contained in the record establishes the fact that said road and intersection were not part of the state highway system. … Thus, as stated in Lewis , "the board's qualified immunity remains intact."