Case law

Linda Michelle Ware v. Theodore Jackson

Court of Appeals of Georgia · Oct 21, 2020

immunity” and “official immunity” are used interchangeably in Georgia case law, we have adopted the use of the “qualified immunity” nomenclature to avoid confusion with the defense of sovereign immunity. … As such, the acts are discretionary and fall withing the scope of Jackson’s qualified immunity. See Hill, 336 Ga.

Fabiano v. City of Palos Hills

Appellate Court of Illinois · Nov 25, 2002

Qualified Immunity Defendants further argue that they enjoy qualified immunity from section 1983 liability because, even if they in fact lacked probable cause to prosecute Sandra Fabiano, they reasonably believed that they … "But if a reasonable officer would not have believed that the person had committed a crime, then the officer, whatever he did or did not believe, is acting contrary to clearly established law and therefore has no immunity

State v. Harris

510 So. 2d 439 · Louisiana Court of Appeal · Jun 23, 1987

In the instant case, the trial court qualified state witness Linda Martin as an *447 expert in fingerprint identification. … Additionally, she had qualified as an expert about four times in district court and a few times in city court. We find no abuse of discretion by the sentencing court in qualifying her as an expert witness in this case.

Johnson v. Commonwealth, Department of Transportation

805 A.2d 644 · Commonwealth Court of Pennsylvania · Jul 30, 2002

DOT’s recall was effected pursuant to Section 1519(c) of the Vehicle Code, as amended, 75 Pa.C.S. § 1519(c), which authorizes DOT to recall operating privileges when a licensee’s incompetency has been established. … to sovereign immunity).

Md. Bd. of Physicians v. Geier

241 Md. App. 429 · Court of Special Appeals of Maryland · Jun 26, 2019

Under that form of qualified immunity, “‘government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … Are defendants entitled to qualified immunity under § 1983, where non-Board and non-voting members did not disclose information, and it is not clearly established that publication violated plaintiffs’ constitutional

Branch v. McGeeney

123 Md. App. 330 · Court of Special Appeals of Maryland · Oct 2, 1998

This issue is relevant to the officers’ claims of qualified immunity from suit for violations of the federal constitution, as no such immunity exists for violations of such “clearly established” rights. Harlow v. … As we noted, *359 qualified immunity is available unless the official violates a clearly established federal constitutional right. That exception applies here.

Newsom v. Temple

66 So. 2d 357 · Louisiana Court of Appeal · Jun 30, 1953

court said: “As has been said before, Courts are loathe to thwart the result of an election-after the votes have been cast and fairly counted and will not act to change that result except for grave and sufficient reasons', clearly … In plaintiff’s brief it is urged that the trial court committed error in sustaining an objection offered by the attorney for defendant urging the attorney-client privilege and immunity when called upon to answer questions

Carothers v. Archuleta County Sheriff

159 P.3d 647 · Colorado Court of Appeals · Jun 15, 2006

issue of sufficient notice under the CGIA, the case presented only questions of qualified immunity, not sovereign immunity. … The immunity afforded to public employees under §§ 24-10-1105 and 24-10-118(2)(a) is a qualified immunity, and it is lost if the employee's act was "willful and wanton."

Mattox v. Bailey

221 Ga. App. 546 · Court of Appeals of Georgia · May 29, 1996

Under the Act, the State also is immune from liability on plaintiff’s state law claim. … And we cannot say that Bailey is entitled to qualified immunity in this case because we cannot say as a matter of law that his discretionary use of force against plaintiff did “ ‘not violate clearly established statutory

Walker v. Tillman

55 So. 3d 1214 · Court of Civil Appeals of Alabama · Jun 25, 2010

than would those officials ‘in meeting the standards of qualified immunity.’ … In such cases, a qualified good-faith immunity applies rather than the absolute immunity associated with the judicial process.

North Brevard County Hospital District D/B/A/ Parrish Medical Center v. Deligdish

District Court of Appeal of Florida · Dec 20, 2024

This places him beyond the established limits of the absolute immunity doctrine. … By not doing so, Hospital fails to carry its burden of showing that the trial court—by rejecting Hospital’s claim of absolute immunity as to Counsel—violated “a clearly established principle of law resulting in a miscarriage

Williams v. Conroe Independent School District

809 S.W.2d 954 · Texas Court of Appeals, 9th District (Beaumont) · May 30, 1991

The grounds stated in the motion for summary judgment were: (1) Williams’ state court claims were barred by affirmative defenses of sovereign immunity, absolute privilege, qualified privilege, and qualified immunity; (2) … Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

University of Texas Health Science Center at San Antonio v. Bruen

92 S.W.3d 24 · Texas Court of Appeals, 4th District (San Antonio) · Aug 15, 2002

“Thus, to establish a violation of Title II, [plaintiffs] must demonstrate: (1) that they are qualified individuals within the meaning of the Act; (2) that they are being excluded from participation in, or being denied benefits … Conclusion Because Bruen’s allegations fail to establish a waiver of sovereign immunity, the trial court erred in denying UTHSC’s pleas to the jurisdiction.

Petersen Financial LLC v. City of Kentwood

326 Mich. App. 433 · Michigan Court of Appeals · Nov 20, 2018

A contract cannot establish or alter jurisdiction. … This is clearly within the scope of the circuit court's jurisdiction.

Love v. State

247 So. 3d 609 · District Court of Appeal of Florida · May 11, 2018

Subsection (4) of 776.032 then establishes the burden of proof to be applied at the pretrial immunity hearing where the person’s substantive right to Stand Your (Fla. 3d DCA 2014). … Bretherick was decisional law that established the procedures to use in pretrial immunity hearings in Stand Your Ground cases before June 9, 2017, because the Legislature had left this procedural gap. 3 We are cognizant of

Denise Brown v. State of New Jersey and John Steet

442 N.J. Super. 406 · New Jersey Superior Court Appellate Division · Sep 11, 2015

Finally, we consider whether Detective Steet is entitled to qualified immunity under the Civil Rights Act. The Court has recently addressed the qualified immunity of police officers in Morillo v. … "Second, the court must determine 'whether the right was clearly established.'" Ibid.

Friga v. East Cleveland, 88262 (4-12-2007)

2007 Ohio 1716 · Ohio Court of Appeals · Apr 12, 2007

Defendant-appellees were immune from suit under R.C. 2744.03 as a matter of law, and appellants failed to establish any of the exceptions to statutory immunity. … B {¶ 14} The police officers have a qualified immunity as employees of a political subdivision.

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

Khalifa v. State

397 N.W.2d 383 · Court of Appeals of Minnesota · Dec 9, 1986

Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976) (absolute immunity); Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) (qualified immunity). … Qualified immunity applies to certain official actions.

Torres v. Owens

380 S.W.2d 30 · Court of Appeals of Texas · May 28, 1964

Its governing body consists of three commissioners elected by the qualified voters of the district. … would not deprive them of their immunity from tort liability.