Case law

Schug v. Moore

233 P.3d 1114 · Alaska Supreme Court · Jul 2, 2010

Although we do not decide whether Moore has absolute or qualified immunity, we agree that Moore is protected by official immunity and that Schug's claims are unsustainable as a matter of law. … Second, if it does apply, is the immu *1117 nity absolute or qualified? And third, if it is only a qualified immunity, did the state official act corruptly, maliciously, or in bad faith?"

Snelling v. City of Claremont

155 N.H. 674 · Supreme Court of New Hampshire · Jul 18, 2007

The defendants next contend that Porter is entitled to qualified immunity. … In V-1, a state official was found to have qualified immunity because he relied upon the advice of counsel. Id. at 1489.

State of Arizona v. Ronald James Sisco II

239 Ariz. 532 · Arizona Supreme Court · Jul 11, 2016

with its provisions to trigger its protections and immunities. … AMMA does not broadly alter the legal status of marijuana in Arizona but instead specifies particular rights, immunities, and obligations for qualifying patients and others, such as designated caregivers.

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.

McGaha v. Board of Regents of the University of Oklahoma

691 P.2d 895 · Supreme Court of Oklahoma · Nov 20, 1984

immunity. … unless the intention to do so is clearly *898 expressed. 6 Clearly, sovereign immunity continues to shield the Board of Regents.

People v. Mower

122 Cal. Rptr. 2d 326 · California Supreme Court · Jul 18, 2002

It is well established that immunity from arrest is exceptional, and, when granted, ordinarily is granted expressly. (See generally 4 Witkin & Epstein, Cal. … Penal Code section 1096 requires the People to prove the facts establishing a defendant’s guilt beyond a reasonable doubt.

Ex Parte City of Birmingham

624 So. 2d 1018 · Supreme Court of Alabama · Jul 16, 1993

of immunity; (2) this Court's decisions establish that immunity is properly *Page 1020 raised by motion to dismiss, yet the trial judge has refused to grant the defendants' motions to dismiss; (3) mandamus is necessary because … Thus, as a general rule, city officials are immune from suit unless they violate clearly established law. The plaintiffs do not allege any violation of law in this case.

Bauer v. State

511 N.W.2d 447 · Supreme Court of Minnesota · Feb 4, 1994

qualify for official immunity from suit for the common law defamation claim * ⅜ *.” Official immunity is a long-established common law doctrine. For example, in a 1925 case, Stevens v. … We conclude, therefore, that defendants are entitled to neither official immunity nor absolute privilege in this defamation action. This ease, then, is governed by the common law doctrine of qualified privilege.

Arkansas River Education Service Cooperative v. Modacure

371 Ark. 466 · Supreme Court of Arkansas · Nov 8, 2007

Although the tentative geographic boundaries of co-ops are established by the Department of Education, 75% of the school districts in a proposed co-op must request formation of the co-op by formal resolutions. … Clearly, the growth, utilization, and maintenance of the co-op stems from the participating school districts and, as an entity, the co-op is comparable to a school district. Ozarks Unlimited Res. Co-op., Inc. v.

Miller v. Administrative Office of the Courts

361 S.W.3d 867 · Kentucky Supreme Court · Dec 22, 2011

This finding specifically noted that it related only to qualified immunity of the individual defendants. … Judge Simpson’s opinion did not adjudicate the issue of whether “a constitutional violation of a clearly established right occurred,” id., and instead simply “[a]ssumed” that a due process violation occurred in order to decide

State v. Randolph

17 L.R.A. 470 · Oregon Supreme Court · Oct 17, 1892

Both proceed upon the hypothesis that the act grants privileges or immunities to one class of persons while it denies the same privileges or immunities to another class. … The act does not grant privileges or immunities to any citizen or class of citizens either within or without the state; it only establishes a rule of evidence by which qualification to practice medicine and surgery is to

Brunsvold v. State

250 Mont. 500 · Montana Supreme Court · Oct 30, 1991

In Knutson , we said clearly that sentencing is a judicial act. Knutson, 211 Mont. at 128 , 683 P.2d at 490 . … a probation officer not pursuant to such court direction do not qualify for judicial immunity.

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

Coppage Construction Co. v. Sanitation District No. 1

459 S.W.3d 855 · Kentucky Supreme Court · May 14, 2015

Only after a qualifying petition is received, and either garners no objection or, if challenged, is upheld in the courts, can the commissioner of sanitation districts declare the establishment of a particular district. … This case is not this Court’s first opportunity to consider whether a special district providing sanitary sewer and storm water drainage systems qualifies for sovereign immunity.

Miller v. City of Red Lodge

314 Mont. 278 · Montana Supreme Court · Mar 13, 2003

qualified immunity accorded the city of Independence by the Court of Appeals. … Pachtman, 424 U.S. 409, 96 S.Ct. 984, 47 L.Ed.2d 128 (1976) (absolute immunity); Harlow v. Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982) (qualified immunity).

Gina Young, Administratrix v. Apogee Coal Co.

232 W. Va. 554 · West Virginia Supreme Court · Nov 6, 2013

qualifying employers.1 West Virginia Code § 23-2-6a (1949) extends the same immunity to a variety of natural persons through whom the employer acts: “The immunity from liability set out in the preceding section [§23-2-6 … As is well-established, however, that immunity is stripped to the extent that a workplace injury or death is inflicted with “deliberate intent.” W. Va.

Penn v. FMC Corp.

901 A.2d 814 · Supreme Judicial Court of Maine · Jul 19, 2006

Id. [¶ 8] Penn contends that the Legislature, by using the word “temporary” in section 104, intended for a time limitation to inhere in section 104 beyond which a worker’s temporary employment no longer qualifies as “temporary … ” and the employer’s immunity from suit no longer applies.

Entergy Gulf States, Inc. v. Summers

52 Tex. Sup. Ct. J. 511 · Texas Supreme Court · Apr 3, 2009

II The Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subeon-tractors. 1 First, the general contractor and subcontractor must enter … Under this 1917 version, the statutory language broadly established, without qualification, that any subscriber, even a premises owner-subscriber, could qualify as a statutory employer.

Jones v. State, Dept. of Health

242 P.3d 825 · Washington Supreme Court · Nov 4, 2010

Qualified immunity ¶ 27 Under the doctrine of qualified immunity, "[g]overnment officials performing discretionary functions" are immune from § 1983 suits "if their conduct is objectively reasonable when measured against … clearly established law."

Schutz v. La Costita Iii, Inc.

364 Or. 536 · Oregon Supreme Court · Mar 14, 2019

(concluding that stepfather buying drinks for stepson in public tavern qualified as social host). … Regardless, the current pleadings seem to indicate that defendants would qualify as social hosts.