Case law

Billy Shaffer v. City of South Charleston

West Virginia Supreme Court · Nov 6, 2015

This Court has clearly articulated that a political subdivision is immune from liability if a loss or claim results from the execution or enforcement of the lawful orders of any court regardless of whether … [the West Virginia Governmental Tort Claims and Insurance Reform Act], is entitled to qualified immunity from personal liability for official acts if the involved conduct did not violate clearly established

Hill v. Kentucky Lottery Corp.

327 S.W.3d 412 · Kentucky Supreme Court · Dec 16, 2010

The Hills argue that absolute privilege does not apply here, and that setting aside the first trial verdict was error because KLC had not properly raised and preserved the defense of qualified immunity. … Berns, 801 S.W.2d 327 (Ky.1990), that municipal corporations do not enjoy sovereign immunity and reasoned that the General Assembly’s designation of KLC as a municipal corporation clearly indicates that the legislature did

Ex Parte Estate of Reynolds

946 So. 2d 450 · Supreme Court of Alabama · Jun 9, 2006

This defendant's function clearly required due care rather than difficult decision making. On the other hand, we accepted the claim of immunity in Gill v. … Therefore, Miles failed to establish that Johnny Reynolds and Cole are not entitled to immunity.

Mitchell v. Davis

598 So. 2d 801 · Supreme Court of Alabama · Apr 17, 1992

Clearly, DHR and the BCDHR, as State agencies, can assert the defense of absolute immunity from suit. Therefore, all the claims by the foster children against BCDHR are barred by the doctrine of sovereign immunity. … We now move to the question of whether qualified or substantive immunity is available.

Wagner v. Board of County Commissioners of Rio Blanco County

933 P.2d 1311 · Supreme Court of Colorado · Mar 10, 1997

, reasoning that grand jury proceedings qualify as judicial proceedings. … Because we find that Sheriff .Hilkey is not a complaining witness, we need not determine whether complaining witnesses are entitled to absolute immunity or qualified immunity for their grand juxy testimony.

Scott Ex Rel. Administrator v. Hughes

281 Kan. 642 · Supreme Court of Kansas · Apr 28, 2006

Gallagher Woodsmall, Inc., 272 Kan. 710, 715 , 35 P.3d 782 (2001) (subrogation language of K.S.A. 44-504[b] clearly immunizes employers, fellow employees from civil suit if workers compensation paid to injured worker; dual … Much of the court’s opinion focused on the question of whether the engineer and the pilot qualified as statutory coemployees under K.S.A. 44-503.

Scott v. Universal Sales, Inc.

356 P.3d 1172 · Utah Supreme Court · Aug 5, 2015

¶6 IES worked with the County ―to place‖ qualified inmates with private employers. … By analyzing questions of duty and immunity in that order, ―a court can more clearly define the scope of each body of law and the policies that underlie them.‖7 And as a practical matter, if a governmental agency owes no

Clark v. Deal (And Vice Versa)

298 Ga. 893 · Supreme Court of Georgia · Apr 26, 2016

Therefore, the Constitution clearly allows the Governor to appoint new judges when there is a vacancy on the Court of Appeals. … This argument, however, ignores other constitutional provisions which clearly show that there are exceptions to this rule.

Jared Bretherick v. State of Florida

40 Fla. L. Weekly Supp. 411 · Supreme Court of Florida · Jul 9, 2015

Even in cases involving § 1983 immunity, however, the individuals claiming immunity carry the initial burden of establishing that they were qualified for immunity at the time of the incident. See, e.g., Gentile v. … While we recognize that the Stand Your Ground law is intended to be an immunity from prosecution as opposed to just an affirmative defense, the immunity is not a blanket immunity, but rather, requires the establishment that

Geraci v. Hamilton

District of Columbia Court of Appeals · Feb 5, 2026

at 875) (noting that principle has limits when applied to well-established implied immunities that nevertheless lack an explicit textual basis, e.g., qualified immunity or presidential immunity), vacated on other grounds … “When deciding whether a class of people qualify for immunity from suit,” the court reasoned, “we look for that intent to be expressed in an explicit statutory or constitutional guarantee of immunity.” Id.

Ex Parte Alabama Dept. of Mental Health

837 So. 2d 808 · Supreme Court of Alabama · Jun 7, 2002

Percer argues that Sawyer, in her individual capacity, is not entitled to a dismissal under Rule 12, Ala.R.Civ.P., on grounds of qualified *Page 814 immunity or State-agent immunity as that doctrine has been established by … We agree that a motion to dismiss is typically not the appropriate vehicle by which to assert qualified immunity or State-agent immunity and that normally the determination as to the existence of such a defense should be

Hoglan v. First Security Bank of Idaho, N.A.

120 Idaho 682 · Idaho Supreme Court · Sep 10, 1991

The defendants assert that the FCRA should apply to this action because they wish to take advantage of the qualified immunity contained in the Act. This was raised as an affirmative defense. … This qualified immunity provided for in the FCRA was included in the jury instructions.

Hayward v. Gaston

542 A.2d 760 · Supreme Court of Delaware · May 27, 1988

Finally, the court in Rutgers concluded that if immunity is conferred through implied legislative intent, the exercise of that immunity is qualified. … the Rutgers analysis which seeks to determine whether the qualified immunity was lost because the immune agency acted unreasonably or arbitrarily.

Park Knoll Associates v. Schmidt

59 N.Y.2d 205 · New York Court of Appeals · Jun 9, 1983

Thus, a Judge has immunity if he is performing a judicial act but not otherwise (see Murray v Brancato, 290 NY 52 [no immunity for defamation contained in unofficial publication of an opinion]); a lawyer has immunity for … It appearing that defendant can establish the interest necessary to warrant a qualified privilege here, the burden rests upon plaintiff, if it is to sustain its cause of action, to prove that she acted out of malice.

Loran v. Iszler

373 N.W.2d 870 · North Dakota Supreme Court · Sep 4, 1985

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978) (federal executive officials entitled to only qualified immunity except in rare instances where absolute immunity is required for conduct of public business); … Burkett, 603 F.Supp. 1139 (D.N.D.1985) (qualified immunity defense available to government officials performing discretionary functions). The Restatement (Second) of Torts offers guidance: “§ 895D.

City of Corsicana v. Wren

159 Tex. 202 · Texas Supreme Court · Nov 5, 1958

at variance with “well established and well defined” law on the subject, the classification ought to be respected by the courts. … case, supra, and otherwise, clearly upheld and relied on the legislative classification of the activity in question as governmental.

Ramirez v. CYFD

2016 NMSC 16 · New Mexico Supreme Court · Apr 14, 2016

Thus, as in Cockrell, this Court will examine both statutory text and purpose to determine whether the Legislature clearly intended to waive the State’s sovereign immunity to a federal cause of action in its own courts. … {37} In the light of the text and purpose of Section 20-4-7.1(B), the Legislature clearly conferred USERRA’s antidiscrimination rights on qualifying members of the New Mexico National Guard and extended USERRA’s private

Asgari v. City of Los Angeles

15 Cal. 4th 744 · California Supreme Court · Jun 2, 1997

Police officers are granted a qualified immunity shielding them from liability for damages caused by their official acts “insofar as their conduct does not violate clearly established statutory or constitutional rights of … Under federal law, therefore, a police officer is liable for all damages proximately caused by his or her official acts that a reasonable person would have known to violate clearly established rights, including such acts

Auto Club Ins. Ass'n v. Hill

431 Mich. 449 · Michigan Supreme Court · Oct 7, 1988

If the Legislature had intended to qualify the tort immunity granted in § 3135(1) by requiring proper no-fault insurance, 9 it could have expressly done so as it did with respect to the tort immunity granted in § 3135(2). … In DiFranco v Pickard, 427 Mich 32 ; 398 NW2d 896 (1986), this Court established a standard for determining whether a particular injury constitutes a serious impairment of bodily function sufficient to qualify for damages

Dawn Nettles v. Gtech Corporation and the Texas Lottery Commission

Texas Supreme Court · Jun 12, 2020

As one commentator has observed, the protection the Supreme Court has extended to government contractors might qualify as a form of “derivative immunity,” but it is not “derivative sovereign immunity,” and certainly not … In the absence of sovereign immunity from suit, the trial courts had jurisdiction State, in doing this work is clearly not liable herein.”) (emphases added); Tillotson v.