Case law

Boese v. Polk County

Court of Appeals of Iowa · Dec 4, 2024

Polk County also invoked Iowa’s qualified-immunity statute, codified at section 670.4A(1)(a), to argue dismissal of the policy claims was required as they did not rest on clearly established law. … established and thus defeated the qualified-immunity claims.

Asher Investments, Inc. v. City of Cincinnati

122 Ohio App. 3d 126 · Ohio Court of Appeals · Aug 1, 1997

immunity where evidence supports Asher’s contention that she violated clearly established constitutional rights, which a reasonable person would have known. … The Sixth Circuit has established a heightened pleading standard for Section 1983 actions against individual government officials where qualified immunity has been asserted as a defense. Veney v.

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.

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.

Davis v. DiPino

121 Md. App. 28 · Court of Special Appeals of Maryland · Apr 16, 1998

In § 1983 actions where qualified immunity is at issue, it has been the rule that the plaintiff bears the burden of showing that the fact-specific constitutional right allegedly violated was clearly established at the time … to qualified immunity on summary judgment.

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

Gary Brinkley, as City Manager of the City of Arkadelphia; And the City of Arkadelphia v. Brandon and Kortni Beene

2026 Ark. App. 165 · Court of Appeals of Arkansas · Mar 11, 2026

of qualified immunity. … It is a deliberate, knowing trespass that bars application of the doctrine of qualified immunity. Id. In Passmore v. Hinchey, 2010 Ark.

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.

Storm v. Martin

540 S.W.3d 795 · Missouri Court of Appeals · Dec 14, 2017

Following discovery, Pullen and Storm filed a joint motion for summary judgment on grounds that they were entitled to qualified official immunity in their individual capacities. … Accordingly, the Court of Appeals ruled that Storm was not entitled to qualified immunity. An eight-day trial was subsequently held in March 2015.

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

Gilliam v. DEPT. OF SOCIAL AND HEALTH SERVS.

950 P.2d 20 · Court of Appeals of Washington · Jan 26, 1998

ABSOLUTE IMMUNITY An immunity "frees one who enjoys it from a lawsuit whether or not he acted wrongly." [3] Absolute immunity protects the State as well as its agents, in contrast to the qualified personal immunity of a State … entitled to qualified immunity for doing so). [9] Babcock v.

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.

Naranjo v. Southwest Independent School District

777 S.W.2d 190 · Texas Court of Appeals, 4th District (San Antonio) · Sep 6, 1989

Only when the legislature has clearly and explicitly waived the State’s sovereign immunity may a cause of action accrue. Duhart v. State, 610 S.W.2d 740, 742-43 (Tex.1980). … Section 21.912(b) grants qualified immunity to school employees for acts done within the scope of their employment involving judgment or discretion. Barr v. Bernhard, 562 S.W.2d 844, 848 (Tex.1978).

Sanders v. Montoya

127 N.M. 465 · New Mexico Court of Appeals · May 19, 1999

The district court granted Montoya summary judgment, ruling that he was entitled to qualified immunity, because the firing did not violate clearly established constitutional law. We affirm. … In any event, by any reasonable construction of the term “clearly established,” Montoya’s actions did not violate clearly established First Amendment rights of Sanders.

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

Perry v. TEXAS a & I UNIVERSITY

737 S.W.2d 106 · Texas Court of Appeals, 13th District · Aug 28, 1987

This official immunity, although of *110 ten characterized as qualified immunity or “quasi-judicial immunity,” is given to public officials as a defense when they are acting within the course and scope of their office, performing … Torres has established his defense of official immunity as a matter of law. The judgment of the trial court as to Texas A & I University is AFFIRMED; the judgment as to Dr.

State of Tennessee ex rel., Herbert S. Moncier v. Nancy S. Jones

Court of Appeals of Tennessee · Jun 6, 2013

immunity.7 Qualified immunity generally provides immunity from liability for state employees whose conduct does not violate clearly established statutory or constitutional rights of which a reasonable person should … was clearly established at the time of the violation.