Case law

Porche v. City of New Orleans

523 So. 2d 2 · Louisiana Court of Appeal · Mar 10, 1988

This affidavit, which is clearly the original, was not signed by the plaintiff and was not notarized. … , as a matter of law, whether under the establishment (sic) facts the mover is entitled to the relief sought.

Lux v. Commonwealth

24 Va. App. 561 · Court of Appeals of Virginia · Apr 22, 1997

In suits against executive officials under § 1983, these officials are afforded either qualified immunity or absolute immunity. See Buckley v. Fitzsimmons, U.S. , , 113 S. … Under qualified immunity, government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly

Edinburg Consolidated Independent School District v. Cristina L. Esparza

Texas Court of Appeals, 13th District · Dec 1, 2022

We applied collateral estoppel to the Commissioner’s decision, finding that it “clearly establishes, legitimate, non-discriminatory reasons for the adverse action.” Id. … Rather, we simply held that “the decision of the Commissioner . . . clearly establishes legitimate, non-discriminatory reasons for the adverse action.”

Carollo v. Supermarkets General

251 N.J. Super. 264 · New Jersey Superior Court Appellate Division · Oct 23, 1991

Defendant's successful motion for summary judgment relied primarily on the qualified immunity provided by N.J.S.A. 2C:20-11e. … We conclude therefore that the statute does not afford qualified immunity from a malicious prosecution action instituted by the merchant.

Cleveland Construction, Inc. v. City of Cincinnati

169 Ohio App. 3d 627 · Ohio Court of Appeals · Dec 8, 2006

to go to trial.” 53 To this end, a ruling on the issue of qualified immunity should be made as early as possible in the proceedings, before the commencement of discovery. 54 “[A] quick resolution of a qualified immunity … claim is essential.” 55 {¶ 82} “Where a defendant official is entitled to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right

Sharp v. Town of Highland

665 N.E.2d 610 · Indiana Court of Appeals · May 17, 1996

The plain language clearly establishes immunity from liability for the death or injury to persons arising out of "[alll functions hereunder and all other activities relating to civil defense and disaster." … We will not construe an unambiguous statute for the purpose of limiting the clear grant of immunity. The unambiguous grant of immunity in I.C. 10-4-1-8 is not qualified by the language of I.C. 10-4-1-23.

Garcia v. American Golf Corp.

11 Cal. App. 5th 532 · California Court of Appeal · May 3, 2017

Even if the walkway qualifies as a trail, City is not entitled to trail immunity. … These cases pertain to whether a particular path qualifies as a trail for purposes of trail immunity. Neither case analyzes a causation issue similar to the one herein. V.

Travers v. Cameron County School District

117 Pa. Commw. 606 · Commonwealth Court of Pennsylvania · Jul 14, 1988

This was clearly error. Equitable estoppel “does not create a cause of action at law and, unless a plaintiff can first show a cause of action, estoppel will not supply one for him in an action at law.” … These factual allegations and inferences are sufficient, at this point in the litigation where they must be accepted as true, to establish a promise, expected to be relied on, which was relied on by Appellant to his detriment

Southern Alliance Corp. v. City of Winter Haven

12 Fla. L. Weekly 830 · District Court of Appeal of Florida · Mar 18, 1987

Indian River County, 371 So.2d 1010 (Fla. 1979), the actions of the City were "clearly discretionary and policy making" and therefore, the City was immune from suit under the doctrine of sovereign immunity. … Further, in Gomez , the Supreme Court held that an official's qualified immunity was a defense that had to be pleaded. 446 U.S. at 640 , 100 S.Ct. at 1923.

Marshall v. Donovan

73 Ky. 681 · Court of Appeals of Kentucky · Mar 16, 1874

The power of the states to establish and maintain systems of common schools, to raise money for that purpo.se by taxation, and to govern, control, and regulate such schools when established, is one of “the powers not delegated … If the negroes were taxed and the money expended for the exclusive benefit of the whites, the taxation would be flagrantly unjust, palpably wrong, and clearly unconstitutional.

State Ex Rel. Connors v. Ohio Dept. of Transportation

8 Ohio App. 3d 44 · Ohio Court of Appeals · Oct 21, 1982

In order to qualify to bid on ODOT projects, a contractor, prior to bidding, must qualify both financially and also as to the equal employment opportunity regulations. … The defendants claim that declaratory and injunctive relief are barred by the doctrine of sovereign immunity. In American Life & Acc. Ins. Co. v.

Masters v. Murphy

2020 IL App (1st) 190908 · Appellate Court of Illinois · Nov 17, 2020

Therein, Murphy argued that the complaint should be dismissed pursuant to section 2-619 (735 ILCS 5/2-619 (West 2016)) because she had either absolute or qualified immunity under sections 2-204 and 2-210 of the Tort Immunity … Murphy was clearly within the time and space confines of her position as a correctional officer.

General Motors v. City of Linden

279 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Feb 3, 1995

Therefore, defendants have not established the firmly recognized immunity at common law required to support a claim of absolute immunity from suit under the Federal Civil Rights Act. … of qualified immunity.

John M. Gately and Patty Sue Gately v. Hamilton

442 N.J. Super. 542 · New Jersey Superior Court Appellate Division · Oct 22, 2015

The father and his current wife, as co-plaintiffs, argue that the trial court erred by instructing the jury that defendants' conduct is subject to protection under qualified statutory immunities … immunity.

Texas Health & Human Services and El Paso State Supported Living Center v. David Sepulveda

Texas Court of Appeals, 8th District (El Paso) · Mar 15, 2023

The State argues that Sepulveda did not establish that he was qualified for the position. We disagree. … While the State primarily focuses on the question of whether Sepulveda had sufficient evidence to establish that he was clearly better qualified than Bravo, Sepulveda focuses on asserting that the State’s proffered reasons

Texas Department of Criminal Justice v. Arthur Cooke, Ernest Cortez, Larry Johnson, and Dequinna Moore

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Farrell Ex Rel. Farrell v. Transylvania County Board of Education

194 N.C. App. 159 · Court of Appeals of North Carolina · Dec 2, 2008

Defendant alleged she was entitled to public official immunity on the State claims and qualified immunity on the federal claim. … As this Court stated, “ ‘[qualified immunity protects public officials from personal liability for performing official, discretionary functions if the conduct does not violate clearly established statutory or constitutional

State v. Berringer

234 Or. App. 665 · Court of Appeals of Oregon · Apr 14, 2010

In the motion to suppress, defendant argued that probable cause to arrest him dissipated once he showed the arresting Clackamas County deputy a document establishing that defendant, a California resident, was qualified to … The CCUA establishes (again, at most) rights between qualified California residents and the State of California — not the State of Oregon.

Phillip K. Poteet, Individually and as Next Friend for Jeffrey Poteet, a Minor v. Collin J. Sullivan, Henry Lucio, Byron Lake and Town of Flower Mound, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 1, 2007

Qualified Immunity Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no clearly established statutory or constitutional … Were the constitutional rights violated by Officers Sullivan and Lucio clearly established?

Browning Ex Rel. Browning v. White

940 S.W.2d 914 · Missouri Court of Appeals · Mar 13, 1997

Corbett also contends that he is entitled to qualified immunity. … The qualified immunity defense should fail if the law which was violated was clearly established at the time of the conduct in issue because a reasonably competent public official should know the law governing his conduct