Case law

Rechsteiner v. Hazelden

313 Wis. 2d 542 · Wisconsin Supreme Court · Jul 16, 2008

Rechsteiner, following its diagnosis of his medical condition, qualify for immunity under Wis. Stat. § 146.37 ? … A committee must satisfy several criteria for its actions to qualify for immunity.

United Blood Services v. Longoria

40 Tex. Sup. Ct. J. 288 · Texas Supreme Court · Jan 31, 1997

The trial court did not clearly abuse its discretion by rejecting Kramer’s testimony. … See Broders, 924 S.W.2d at 153 (“What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify

Holly v. Auld

450 So. 2d 217 · Supreme Court of Florida · May 3, 1984

Thus, we have a clearly expressed legislative intent in subsection 768.40(2) that malice or fraud is redressable by civil action. … This would be contrary to the well-established rule that malice or fraud strips an otherwise privileged communication of its immunity and would raise serious constitutional questions which I address below.

Zelenka v. City of Weirton

208 W. Va. 243 · West Virginia Supreme Court · Jul 20, 2000

The requirements of O’Dell are clearly present in the instant case. … We decline so to do. 11 The Legislature has clearly provided for immunity under the facts of this ease.

Jackson v. Millstone

369 Md. 575 · Court of Appeals of Maryland · Jun 21, 2002

Taurus Jackson currently qualifies for medical assistance in Maryland as either categorically or medically needy, and he “may select any ... category for which technical eligibility may be established.” … Jessica Nettles was 14 years old when she was diagnosed with liver failure, chronic hepatitis, and an immune deficiency disease. She was qualified for medicaid benefits.

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?"

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.

Rodriguez v. Miami-Dade County

38 Fla. L. Weekly Supp. 445 · Supreme Court of Florida · Jun 27, 2013

As we explained in Citizens Property Insurance, “[v]ery few categories of non-final orders qualify for the use of th[e] extraordinary writ” of common law certiorari. Citizens Prop. Ins. Corp., 104 So.3d at 351-52. … The Court held that sovereign immunity did not apply because the action was clearly operational and could not be considered as either policy or planning, especially when the actions taken were actually contrary to adopted

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

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.

City of Boulder City v. Boulder Excavating, Inc.

124 Nev. 749 · Nevada Supreme Court · Sep 11, 2008

At that time, neither Hansen nor Boulder City attempted to litigate claims of qualified immunity. … to review the qualified immunity issue on appeal.

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.

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).

Clea v. Mayor of Baltimore

312 Md. 662 · Court of Appeals of Maryland · Jun 9, 1988

In Maryland, a limited category of governmental personnel, including police officers, are entitled under certain circumstances to qualified immunity from tort liability for their negligent conduct. … Once it is established that the individual is a public official and the tort was committed while performing a duty which involves the exercise of discretion, a qualified immunity attaches; namely, in the absence of malice

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.

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."

Jensen Ex Rel. Jensen v. Cunningham

679 Utah Adv. Rep. 18 · Utah Supreme Court · Mar 29, 2011

immunity from state law claims is not 'identical' to federal law governing qualified immunity from section 1983 claims." … This element is not satisfied unless the conduct violates "'clearly established constitutional rights 'of which a reasonable person would have known. " Id. 123 (quoting Harlow v.

Kyle v. Georgia Lottery Corp.

290 Ga. 87 · Supreme Court of Georgia · Nov 21, 2011

Applying the Miller analysis, a review of the law creating and defining community service boards clearly establishes that such boards are departments or agencies of the State charged with the public purpose of providing mental … Therefore, the purpose, function, and management of GLC are indelibly intertwined with the State in a manner that qualifies it for the protection of sovereign immunity as a State instrumentality. Miller, supra.

Pearce v. Tucker

299 Ga. 224 · Supreme Court of Georgia · Jun 20, 2016

We now hold as a threshold matter that Officer Tucker is entitled to qualified immunity, and we therefore need not address the merits of Appellant’s negligence claim. … Qualified immunity, also known as official immunity, “ ‘protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness,