Case law

Reed v. Prince

194 S.W.3d 101 · Texas Court of Appeals, 6th District (Texarkana) · Jun 2, 2006

When the trial court acknowledges the governmental unit’s assertion of sovereign immunity, and the plaintiffs failure to bear its burden of establishing waiver of sovereign immunity, it may sustain the plea to the jurisdiction … The other is a suit for title to an office by one claiming to be presently qualified to hold it.” See Lewis, 641 S.W.2d at 394 (citations omitted).

Bresciani v. County of Dutchess

62 A.D.3d 639 · Appellate Division of the Supreme Court of the State of New York · May 5, 2009

In the area of traffic design engineering, a municipality will generally be accorded qualified immunity from liability arising out of its highway planning decisions (see Friedman v State of New York, 67 NY2d 271, 284 [1986 … Here, the County failed to establish its prima facie entitlement to summary judgment on the ground of qualified immunity (see Hepburn v Croce, 295 AD2d 475 [2002]; see generally Friedman v State of New York, 67 NY2d 271 [

Kauntz v. HCA-HEALTHONE, LLC

174 P.3d 813 · Colorado Court of Appeals · Aug 16, 2007

For participants in peer review to qualify for immunity under this provision, four standards must be met. … They assert that they demonstrated facts necessary to vitiate the immunity provisions of the CPRA, based upon NSMC's noncompliance with the HCQIA criteria as established in Nicholas II. We disagree.

C.M. v. Commissioner of the Department of Children and Families

Massachusetts Appeals Court · Apr 22, 2020

"[T]he relevant inquiry on summary judgment as to the defense of qualified immunity is whether a reasonable official could have believed his actions were lawful, in light of clearly established law and the information possessed … established; and (3) whether a reasonable person in the defendant's position would understand that his conduct violated those clearly established rights" (footnote omitted).

Grayson v. Gulf Oil Company

292 S.C. 528 · Court of Appeals of South Carolina · May 26, 1987

The applicable rule on which this case turns is well stated in Sturke: A composite of South Carolina cases clearly establishes a recognition in South Carolina case law of diseases resulting from exposure constituting an injury … Lieberman’s connotation of the word is similar since it indicates a sudden collapse of the immune system.

Arturo Montanez, Individually and as Administrator of the Estates of Maria Delaluz Montanez and Christopher Lee Rosales v. City of Three Rivers, Live Oak County

Texas Court of Appeals, 13th District · Jun 8, 2000

Official Immunity We now address the trial court's denial of summary judgment of the deputies' qualified immunity defense based on the deputies' official, or qualified immunity claim. See Tex. Civ. Prac. & Rem. … Official or qualified immunity is an affirmative defense. City of Lancaster v. Chambers , 883 S.W.2d at 653 .

Moore v. Cleveland

2014 Ohio 1426 · Ohio Court of Appeals · Apr 3, 2014

. {¶19} If a court finds that a prosecutor’s actions are not covered by absolute immunity, then the prosecutor may be entitled to qualified immunity. … Once absolute immunity has been established under R.C. 2744.03(A)(7), it cannot be defeated by application of the “malicious purpose, bad faith” qualified immunity provisions of R.C. 2744.03(A)(6). Jopek v.

Michael C. Kain v. Gloucester City

436 N.J. Super. 466 · New Jersey Superior Court Appellate Division · Jul 21, 2014

The public entity bears the burden of proof for establishing immunity. Bligen v. Jersey City Hous. Auth., 131 N.J. 124, 128 (1993). … The proof is, therefore, insufficient to establish a level of wrongful conduct that would deprive Gloucester Sail and Reed of the immunity.

Harianto v. State

249 Ariz. 563 · Court of Appeals of Arizona · Sep 24, 2020

Governmental liability is presumed unless immunity clearly applies. See Doe ex rel. Doe v. State, 200 Ariz. 174, 176, ¶ 4 (2001). … Opinion § 12-820.02 “does not grant qualified immunity to 911 operators.” Id. at 190.

Hayes v. Columbus

2014 Ohio 2076 · Ohio Court of Appeals · May 15, 2014

Qualified immunity thus applies only to federal claims. See Bodager v. Campbell, 4th Dist. No. 12CA828, 2013-Ohio-4650, ¶ 30; Roe v. … Chapter 2744, which applies to state law claims, and the federal doctrine of qualified immunity, which applies solely to federal claims").

Laws v. Thompson

78 Md. App. 665 · Court of Special Appeals of Maryland · Apr 26, 1989

We will consider the qualified immunity first. … There is a distinc *677 tion between qualified immunity and absolute immunity.

Hutchins v. Peterson

Vermont Superior Court · Jan 30, 2004

Thus, the arrest and prosecution did not violate clearly established rights of which the officers should have known, and they were entitled to qualified immunity. … In Vermont, persons have a clearly established right not to be seized unlawfully.

Campanelli v. Candlewood Hills Tax District

126 Conn. App. 135 · Connecticut Appellate Court · Jan 18, 2011

We, therefore, reject the plaintiffs’ argument that the district’s property must be open to the public at large in order to qualify for immunity from claims of adverse possession. … for immunity from adverse possession.

Akins v. Jefferson Parish

529 So. 2d 27 · Louisiana Court of Appeal · Jun 7, 1988

In sum, a qualified immunity is only available to those officials who affirmatively assert the defense and prove that they were acting within the scope of their discretionary authority. Barker v. … This affirmative defense is unavailable to those who either act with malice or who contravene clearly established law. Procunier v. Navarette, supra ; Wood v.

Logestan v. Hartford Steam Boiler Inspection & Insurance

626 N.E.2d 829 · Indiana Court of Appeals · Dec 30, 1993

Nor can we conclude that the statutory provisions and administrative rules enacted to regulate boiler inspections demonstrate “clearly the intention of the Legislature” to recognize special inspectors as instrumentalities … facts established through his testimony and the express disclaimer in Hartford’s policy.

Fields v. Curators of the University of Missouri

848 S.W.2d 589 · Missouri Court of Appeals · Mar 2, 1993

Appellant argues that a licensed practical nurse is so qualified. … Louis County, 649 S.W.2d 864, 870 (Mo. banc 1983), argues that section 537.610, RSMo Supp.1992, does not establish an independent insurance-based waiver of sovereign immunity.

Spier Ex Rel. Spier v. City of Plymouth

593 N.E.2d 1255 · Indiana Court of Appeals · Jun 17, 1992

May the city establish that it is immune from liability upon a showing that an act of a third person was a proximate cause of Jeffrey’s injury without regard to whether an act of the city was also a proximate cause of the … Spiers do not challenge the adequacy of the statement to qualify as an affidavit.

Simko v. County of Allegheny

869 A.2d 571 · Commonwealth Court of Pennsylvania · Mar 7, 2005

The Court concluded a contrary holding could expose the Commonwealth to unlimited liability, a result clearly not intended by the legislature in enacting the immunity statute. Id. at 512, n. 9 , 751 A.2d at 1134, n. 9. … ruling, it is unnecessary for us to address the Representatives' other arguments that: a) Gills’ aortic aneurysm rupture was a superseding cause such as would relieve the County of liability, and, b) Corrigan Drive would qualify

Stann v. Waukesha County

161 Wis. 2d 808 · Court of Appeals of Wisconsin · Mar 27, 1991

A county qualifies as an owner entitled to the statute's immunity. See sec. 895.52(4), 895.52(l)(a)3 and 895.52(l)(d)l. The statute also sets out circumstances in which the immunity does not apply. … In an effort to qualify this case under the Shannon rule, the Stanns liken the actions of Jennifer's mother in this case to those of Christen's parents in Shannon .

Washington v. City of Evanston

336 Ill. App. 3d 117 · Appellate Court of Illinois · Dec 19, 2002

Kloempken’s immunity from civil liability pursuant to the EMS Act and then consider St. Francis Hospital’s immunity. In 1996, St. … Francis Hospital’s SOPs or the established guidelines for breech delivery. The record shows that Dr.