Case law

Julian Lee Green v. Christopher Hood, Chief Shawn Schwertfeger, Officer Mitchell, and Officer Miller

Intermediate Court of Appeals of West Virginia · Jul 30, 2024

Green did not allege that the Respondents knowingly violated any clearly established law or otherwise acted maliciously and therefore were entitled to qualified immunity; Mr. … Hood was entitled to prosecutorial immunity; Mr. Hood was entitled to statutory immunity; Mr.

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.

Texas Department of Public Safety v. Kenneth F. Sanders, Jr.

Texas Court of Appeals, 8th District (El Paso) · Apr 16, 2026

The Texas Legislature, by its enactment of the TCHRA, “clearly and unambiguously waives immunity” for governmental units like DPS, but the waiver applies “only for those suits where the plaintiff actually alleges a violation … to establish a prima facie retaliation case, it follows he has also failed to invoke the TCHRA’s limited waiver of sovereign immunity.

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.

Johnathan Daniels v. City of Cayce (2)

Court of Appeals of South Carolina · Oct 1, 2025

App. 2018) (explaining a jurisdictional defect did not exist because the defendant did not establish his entitlement to immunity from prosecution under the Protection of Persons and Property Act and thus, his guilty plea … waived his immunity claim).

Samadder v. Ohio State Univ. Wexner Med. Ctr.

2024 Ohio 6104 · Ohio Court of Appeals · Dec 31, 2024

Samadder argues that the Court of Claims erred in finding OSUWMC sustained its burden of proof to establish qualified civil immunity under Am.Sub.H.B. No. 606. Dr. Samadder argues that Am.Sub.H.B. … No. 606(B)(1) establishes qualified civil immunity, but Am.Sub.H.B.

State Farm Fire & Casualty Co. v. Corby Energy Services, Inc.

271 Mich. App. 480 · Michigan Court of Appeals · Oct 2, 2006

This section clearly does not impose liability on public utilities for a failure to give proper notice under MCL 460.708. … Unlike EMSA, the MISS-DIG act does not establish standards of immunity. Rather, it imposes notification requirements on persons, public agencies, and public utilities.

State v. Betts

489 P.3d 866 · Court of Appeals of Kansas · Jun 18, 2021

defendants qualify for immunity from going to trial. 8. … There, our Supreme Court distinguished between self-defense and immunity, stating that "'[s]elf-defense and immunity are clearly distinct concepts.

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.

Adams v. Myers

721 S.W.2d 447 · Texas Court of Appeals, 12th District (Tyler) · Oct 31, 1986

In the civil rights context the individual defendants, as state officers, enjoy only a qualified immunity. … Such an official is not immune from liability if his conduct clearly violates an established statutory or constitutional right of which a reasonable person would have known. Galvan v.

Menard v. Louisiana Department of Health & Hospitals

11 La.App. 3 Cir. 1487 · Louisiana Court of Appeal · Apr 4, 2012

Poirrier and the DHH were not immune from liability, the doc *20 trine of qualified immunity shields them from liability. Qualified immunity protects government officials performing discretionary functions. McManus v. … Qualified immunity for discretionary acts of public entities and their employees is provided for in La.R.S. 9:2798.1: A.

Hogue v. City of Phoenix

240 Ariz. 277 · Court of Appeals of Arizona · Jul 14, 2016

To overcome this qualified immunity and hold the City liable, then, the Families must prove that the City was grossly negligent in failing to arrest Goudeau. … Opinion of the Court confers qualified . . . immunity” and in deciding that it “furthers a valid public policy”).

Stephen v. MacKinnon

7 Mass. L. Rptr. 241 · Massachusetts Superior Court · Jul 25, 1997

Government officials performing discre *245 tionary functions are entitled to qualified immunity from suit under 42 U.S.C. §1983 if their conduct did not “violate clearly established statutory or constitutional rights of … a clearly established right.

State v. Dukes

481 P.3d 184 · Court of Appeals of Kansas · Feb 12, 2021

After a defendant in a criminal case files a motion requesting immunity under K.S.A. 2020 Supp. 21-5231, the State must come forward with evidence establishing probable cause that the defendant's use of force was not statutorily … And the district court must act as the gatekeeper to "insulate . . . qualifying cases from continued prosecution and trial." 2021 WL 137563, at *7.

Jenkins v. County of Orange

212 Cal. App. 3d 278 · California Court of Appeal · Jul 19, 1989

The Hodorowski court established the test for applying qualified immunity to a social worker—the objective reasonableness of the action. (Id., at p. 1214.) … “We think that qualified immunity, not absolute immunity, strikes the better balance between” (id., at p. 1216) the family’s right to privacy and the state’s interest in discovering and preventing child abuse.

Holloway-Johnson v. Beall

220 Md. App. 195 · Court of Special Appeals of Maryland · Nov 25, 2014

A damages cap simply establishes that governmental immunity is not being waived above the level of the cap. There is absolutely nothing that Off. … For one thing, the fact that it is an alternative to gross negligence, which also will defeat the qualified immunity, indicates clearly - 33 -  that the Legislature

Fariello v. Gavin

873 So. 2d 1243 · District Court of Appeal of Florida · May 28, 2004

Gavin and the Association moved to dismiss the complaint with prejudice asserting absolute and qualified immunity as the bases for the dismissal. … Once again, however, the affirmative defense of qualified immunity presents a fact intensive issue that should ordinarily not be resolved by a motion to dismiss. See Schreidell v.

Rory T. White and Romaine L. White Individually and on Behalf of Their Minor Child, Richard White v. New Orleans Center for the Creative Arts

Louisiana Court of Appeal · Sep 25, 2019

This reporting is clearly mandated by the Louisiana Children’s Code articles 609(A)(1); 610. … Immunity for a Mandatory Reporter A mandatory reporter’s immunity is not absolute; however, it is qualified by the good faith requirement. See La. Ch.

Zachary Alan Varela v. Brad Spanski

Michigan Court of Appeals · Jul 11, 2019

Under this framework, the first query mandates consideration of the elements necessary to establish immunity under the MMMA. … If the qualifying patient [alleges sufficient facts of] the first and second elements, then a presumption exists that the qualifying patient was engaged in the medical use of marijuana, thereby establishing

Awad v. Breeze

129 P.3d 1039 · Colorado Court of Appeals · Jun 30, 2005

One such claim is the federal qualified immunity privilege. … This privilege shields government officials, acting within the scope of their discretionary authority, from civil liability under § 1983 as long as “their conduct does not violate clearly established statutory or constitutional