Case law

Suzonne Franks v. Texas Comptroller of Public Accounts and Glenn Hegar, in His Official Capacity

Texas Court of Appeals, 11th District (Eastland) · May 30, 2025

Likewise, the TEDA indicated that a “qualified property” must be the subject of a proposal to “make a qualified investment” of a specified minimum amount, which also creates twenty-five new qualifying jobs. Id. … Rather, “the more of these powers it has, the more clearly is it quasi-judicial in the exercise of its powers.” Id.

Martin v. State, Department of Public Safety & Corrections, Office of State Police

109 So. 3d 442 · Louisiana Court of Appeal · Jan 16, 2013

Qualified Privilege Alternatively, the state argues that publication of an errant comment regarding public affairs that was reasonably believed to be true is protected by qualified immunity under La. … We therefore conclude that the trial court erred as a matter of law in not applying the qualified privilege to the circumstances in this case, and it was clearly wrong in not finding that the plaintiff failed to show that

Jimmie Dewayne Hudson v. State

Texas Court of Appeals, 10th District (Waco) · Apr 12, 2006

Appellees assert the affirmative defense of qualified immunity. … This immunity shields a state official from liability for damages unless his conduct violates "clearly established statutory or constitutional right of which a reasonable person would have known." Harlow v.

STATE OF FLORIDA v. RODNEY CHAVERS

230 So. 3d 35 · District Court of Appeal of Florida · Nov 15, 2017

The State further argues that the evidence presented clearly establishes that in the moments leading up to the shooting, Chavers was either committing a felony (carrying a concealed firearm without a license) or a misdemeanor … to use deadly force if he or she satisfies the common-law duty to retreat; (2) the evidence showed that Chavers might have been openly carrying a firearm, merely a second- degree misdemeanor, which does not or should not qualify

State Ex Rel. Cooper v. Seneca-Cayuga Tobacco Co.

197 N.C. App. 176 · Court of Appeals of North Carolina · May 19, 2009

(Wachovia), under which Defendants appointed Wachovia to serve as Escrow Agent of the “Qualified Escrow Fund” that Defendants were required to establish under the Act. … As a result, the record clearly establishes that the trial court considered, apparently without objection, materials outside the pleadings in deciding Defendants’ dismissal motion. 2 .

Freda Hostler; Kimberly Steward; Stephanie Moten; And Eylorna Bones v. Nathaniel Dennison, Angela Newcomb, Cecile Blucher, and Becky Dunagin, Individually and in Their Official Capacities; And Arkansas Department of Human Services, Division of Children and Family Services

601 S.W.3d 142 · Court of Appeals of Arkansas · Apr 22, 2020

As in Harris, the appellees argued that they were entitled to statutory and qualified immunity as to the individual-capacity claims; however, the circuit court relied on sovereign immunity to dismiss all the claims. … clearly means to reverse.

Miami-Dade County v. Rodriguez

67 So. 3d 1213 · District Court of Appeal of Florida · Aug 31, 2011

clarification is necessary concerning the differences between a lack of liability under established tort law and the presence of sovereign immunity. … from suit than does a public official: [F]orcing the state to wait until a final judgment before appealing the issue of sovereign immunity does not present the same concerns that exist in the area of qualified immunity [

Littleton v. State

954 N.E.2d 1070 · Indiana Court of Appeals · Oct 6, 2011

Qualified Immunity We turn now to the dispositive question here, whether the events of February 18, 2010, come within the qualified immunity extended to Littleton as a teacher in loco parentis. … She claims that her acts were privileged because they come within the qualified immunity afforded to teachers under Indiana law.

Kassaw v. Minor

717 So. 2d 382 · Court of Civil Appeals of Alabama · Apr 24, 1998

A state employee who is sued in his individual capacity may be entitled to qualified immunity if he was engaged in the exercise of a discretionary function within the scope of his employment. Nance v. … Clearly, Minor's duties at the College were ministerial in nature; therefore, we agree with the trial court that he was not entitled to a judgment as a matter of law on the basis of immunity.

Antonio Sweatt v. Fred Raney

Court of Appeals of Tennessee · Jun 14, 2000

The Defendants also state that they are entitled to qualified immunity in this case and that the case should further be dismissed because of the defense of qualified immunity. … addressing whether qualified immunity should attach.

Bonds v. Missouri Department of Mental Health

887 S.W.2d 418 · Missouri Court of Appeals · Oct 4, 1994

Bowers claims he has qualified immunity from a suit for damages based on his alleged violations of Bonds’ constitutional rights. He relies on Harlow v. … [T]he judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred.

Goddard v. Fields

214 Ariz. 175 · Court of Appeals of Arizona · Jan 16, 2007

The trial court found that the Attorney General did not have absolute immunity but only qualified immunity. … Under the objective malice standard, “qualified immunity will protect a public official if the facts establish that a reasonable person, with the information available to the official, ‘could have formed a reasonable belief

McAlexander v. Siskiyou Joint Community College

222 Cal. App. 3d 768 · California Court of Appeal · Jul 30, 1990

In the present case, we find the omission of language limiting immunity to liability for acts at the scene of an emergency in section 1799.100 clearly reflects the Legislature’s intention not to limit immunity to third party … In each of the foregoing sections immunity is qualified by a requirement that immunity shall not apply if the acts are not performed in good faith, or are performed in a grossly negligent manner.

Rodriguez v. City of New York

189 A.D.2d 166 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 1993

Whether absolute or qualified, this immunity reflects a value judgment that—despite injury to a member of the public—the broader interest in having government officers and employees free to exercise judgment and discretion … Accepting the evidence presented by the plaintiff, Officer Young affirmatively intervened in a dangerous situation and negligently caused injury to a bystander, by acts which deviated from clearly accepted and established

Nelson v. Board of Regents of the University System of Georgia

307 Ga. App. 220 · Court of Appeals of Georgia · Dec 1, 2010

Given the foregoing, we conclude that the Resident Defendants’ qualified immunity claim is controlled by our decision in Bonner v. *230 Peterson, 38 in which we held that a resident physician at MCG was entitled to qualified … within the scope of their duties as MCG residents when they assisted in Nelson’s treatment, we hold that they were clearly entitled to immunity under the GTCA. 45 Decided December 1, 2010 Steven L.

Harris County v. DeWitt

880 S.W.2d 99 · Court of Appeals of Texas · May 19, 1994

Kilburn, 849 S.W.2d 810, 812 (Tex.1993) (stating that city’s immunity would apply only if city employee pled and proved his entitlement to qualified or official immunity). … A separate section of the Act, however, does state that public employees retain their official or qualified immunity in spite of the Act’s limited waiver of sovereign immunity. Tex.Civ.

City of Houston v. Newsom

858 S.W.2d 14 · Court of Appeals of Texas · Jun 24, 1993

The city and the two officers moved for summary judgment based on the qualified immunity of the officers, the city’s governmental immunity based on the officer’s qualified immunity, and the non-existence of a cause of action … Officer Stivers and Sergeant Zumwalt based their motion for summary judgment on the doctrine of qualified or official immunity. The city based its immunity on that of the officers.

Stanley Brumer v. City of Los Angeles

24 Cal. App. 4th 983 · California Court of Appeal · Apr 29, 1994

Appellants contend: (1) the policy does not qualify under the statute unless approved by either the police commission or the city council; (2) a public entity loses the statutory immunity if a plaintiff can prove, at trial … The answer filed by the city and the officers alleged, “these Defendants are immune from liability . ...” A clearly stated affirmative defense needs no citation to statutory authority to be well pleaded.

Faulkner v. Greenwald

358 S.W.3d 1 · Court of Appeals of Kentucky · Mar 11, 2011

JCBE and Greenwald moved for summary judgment, asserting governmental immunity and qualified official immunity, respectively. … The trial court granted summary judgment in favor of Greenwald by application of the qualified official immunity doctrine.

Metropolitan Edison Co. v. Reading Area Water Authority

937 A.2d 1173 · Commonwealth Court of Pennsylvania · Dec 12, 2007

Latrobe Municipal Authority, 913 A.2d 988 (Pa.Cmwlth.2006), the trial court determined that a per se violation of the Act does not create a dangerous condition of Reading’s facilities, so as to qualify under the exception … Clearly, the dangerous condition, as alleged, originated with the conduct of Reading’s employees.