Case law

Hafner v. Delano

520 N.W.2d 587 · South Dakota Supreme Court · Aug 10, 1994

Qualified immunity is one such personal defense. … A prisoner’s right to medical care has been clearly established for almost two decades.

Henderson v. Twin Falls County

56 Idaho 124 · Idaho Supreme Court · Apr 27, 1935

And the immunity counties and cities likewise enjoy rests upon that doctrine. … The contention that the statute in question here imposes a mandatory duty upon respondent to maintain and operate a hospital is clearly untenable.

The City of El Paso v. Lilli M. Heinrich

52 Tex. Sup. Ct. J. 689 · Texas Supreme Court · May 1, 2009

sovereign immunity], declaratory-judgment suits against state officials seeking to establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities are suits against the State … See Fen-ell, 248 S.W.3d at 160 (Brister, J., concurring) ("A different case *371 might be presented if the plaintiffs alleged the board was clearly violating some provision of the statute.

Charles Blackburn v. the Lonoke County Board of Election Commissioners Matthew Brown, Mickey "stubby" Stumbaugh, and Dan Stowers, in Their Official Capacities as Members of the Election Commission Dawn Porterfield, in Her Official Capacity as Lonoke County Clerk Doug Irwin Norman Walker And John Thurston, in His Official Capacity as Arkansas Secretary of State

652 S.W.3d 574 · Supreme Court of Arkansas · Oct 6, 2022

Further, he cites no specific law or precedent establishing authority for him to proceed in an original action under the circumstances he sets forth. … We extend sovereign immunity to state employees sued in their official capacities. Banks v. Jones, 2019 Ark. 204, at 3, 575 S.W.3d 111, 114.

Matter of Hearing on Immunity for Ethics

96 N.J. 669 · Supreme Court of New Jersey · Jul 3, 1984

, statutes, or rules on attorney discipline. 4 We also note five jurisdictions that provide what might be called “qualified” immunity or privilege, 5 and one in which such an immunity has been proposed. 6 Five other states … have judicial precedents establishing either an *677 absolute or a qualified privilege for complaints in the context of libel actions specifically. 7 Under English common law, the “absolute privilege” from defamation actions

DaimlerChrysler Corp. v. Law

284 Conn. 701 · Supreme Court of Connecticut · Dec 18, 2007

sovereign immunity, the [plaintiff was] required to clearly demonstrate an incursion upon constitutionally protected interests.” … First, the plaintiff cannot establish eligibility for the tax refund because it neither qualifies as a “taxpayer” as that term is contemplated in the Sales and Use Taxes Act; see Plasticrete Block & Supply Corp. v.

Prescott v. City of Meriden

273 Conn. 759 · Supreme Court of Connecticut · May 31, 2005

One of the three exceptions to a municipal employee’s qualified immunity for discretionary acts is “where the circumstances make it apparent to the public officer that his or her failure to act would likely subject an identifiable … “[A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act, as opposed to a discretionary act. . . .

Ruth v. Oklahoma City

143 Okla. 62 · Supreme Court of Oklahoma · Apr 1, 1930

Does the ordinance contain but one subject, and is it clearly expressed in the title? … This section clearly provides that the city shall not only have the powers specifically granted in the charter, but that it shall have such other additional powers, rights, privileges, franchises, and immunities as are granted

Sanchez v. Coxon

175 Ariz. 93 · Arizona Supreme Court · May 20, 1993

Accordingly, we do not face the case-specific, factual inquiry required in deciding whether executive immunity is absolute or qualified. … Absolute immunity avoids discouraging qualified and otherwise willing individuals from seeking city or town council membership.

Blue Fox Bar, Inc. v. City of Yankton

424 N.W.2d 915 · South Dakota Supreme Court · Jun 8, 1988

The City of Yankton moved for summary judgment alleging that it was immune from such suit because of the doctrine of sovereign immunity. … The “power to contract” language in SDCL 9-48-32 is clearly qualified by the phrase which immediately follows, “for the privilege of connecting.”

Hatch v. Grand Haven Township

461 Mich. 457 · Michigan Supreme Court · Mar 7, 2000

to governmental immunity. *459 We conclude that the bike path did not qualify as a “sidewalk.” … An action may not be maintained under the highway exception unless it is clearly within the scope and meaning of the statute. Scheurman v Dep’t of Transportation, 434 Mich 619, 626-627, 630 ; 456 NW2d 66 (1990).

L.S.B. v. Howard

659 So. 2d 43 · Supreme Court of Alabama · Mar 17, 1995

This immunity may attach to an individual who, while acting as an agent of the State, is engaged in the exercise of a discretionary function; in other words, the individual may be entitled to qualified immunity. … As stated above, if L.S.B. were able to show that Howard acted in bad faith, Howard would not be protected by qualified immunity from liability. Nance , supra.

Roberts v. State

189 Ga. 36 · Supreme Court of Georgia · Sep 15, 1939

While it is true that the statute (Code, § 38-415) clearly authorizes the defendant to waive his immunity to cross-examination, yet the provision denying the defendant the right to be put under oath is binding upon both the … Had the defendant sought to waive his immunity to cross-examination without adding the further request that he be put under oath, he would have been entitled to that privilege; but when the request to waive immunity to cross-examination

Kapil v. Association of Pennsylvania State College & University Faculties

504 Pa. 92 · Supreme Court of Pennsylvania · Dec 30, 1983

Thus, it would have been barred if the immunity of Act 152 applied. … Such a dispute falls clearly within the public policy of the Public Employee Relations Act (PERA), Act of July 23, 1970, P.L. 563, No. 195, 43 Pa.C. S.A. § 1101.101, et seq.

Adkins v. St. Francis Hospital of Charleston, W. Va.

149 W. Va. 705 · West Virginia Supreme Court · Jul 13, 1965

It can thus be seen that the doctrine in its original form established an immunity from liability which was total and complete. … Clearly, this Court did not find such action necessary.

United Bldg. & Constr. Trades Council v. MAYOR AND COUNCIL OF THE CITY CAMDEN

88 N.J. 317 · Supreme Court of New Jersey · Feb 18, 1982

The provision clearly is intended to give the State Treasurer flexibility in establishing goals. … Clearly, State Treasurer approval of a local affirmative action plan pursuant to the Law Against Discrimination does not immunize the plan against constitutional and statutory attack.

Prince v. LOUISVILLE MUN. SCHOOL DIST.

741 So. 2d 207 · Mississippi Supreme Court · Apr 8, 1999

Qualified immunity goes to public officials for policy decision-making. … Qualified immunity is not warranted. In Womble v.

State v. Nieto

2000 Colo. J. C.A.R. 689 · Supreme Court of Colorado · Feb 14, 2000

These statements clearly establish that by adopting such language, the General Assembly sought to eliminate any situations in which a claimant could avoid the certificate requirement. … Rather, “when a complaint does not clearly specify whether officials are sued personally, in their official capacity, or both, ‘the course of the proceedings’ usually establishes the liability sought to be imposed.”

Krile v. Lawyer

2020 ND 176 · North Dakota Supreme Court · Jul 30, 2020

However, when functioning in the role of an administrator or investigative officer rather than in the role of an advocate, prosecutors have only the protection of qualified immunity. … Section 12-63-01.1, N.D.C.C., establishes the POST Board.

Jones Ex Rel. Jones v. State Department of Health

18 P.3d 1189 · Wyoming Supreme Court · Mar 9, 2001

The final decision specifically found that the Joneses had "failed to establish a medically recognized contraindication to immunizations." … That standard is established by Wyo. Stat.