Case law

Cashen v. Spann

125 N.J. Super. 386 · New Jersey Superior Court Appellate Division · Nov 2, 1973

The immunity of law enforcement officers from false arrest liability is a qualified one, in the nature of an affirmative defense. Immunity is available only if the officer acted in good faith with probable cause. … to overcome a qualified privilege.

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”).

Sheila S. v. Commonwealth

57 Mass. App. Ct. 423 · Massachusetts Appeals Court · Feb 24, 2003

Qualified immunity. … immunity.

Simpkin v. City of Troy

224 A.D.2d 897 · Appellate Division of the Supreme Court of the State of New York · Feb 29, 1996

immunity. … Clearly, without a factual resolution of the sharply conflicting versions of these events, it is not possible to determine whether defendants are qualifiedly immune.

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.

Steed v. Department of Consumer Affairs

204 Cal. App. 4th 112 · California Court of Appeal · Mar 8, 2012

merits of his claims against those defendants because he presented no evidence showing he could overcome the qualified immunities. … that he had facts that would overcome these qualified privileges and immunities.

Gilchrist v. Commissioner of Correction

48 Mass. App. Ct. 60 · Massachusetts Appeals Court · Oct 8, 1999

She ruled that the defendants were therefore protected from providing the plaintiff money damages under the doctrine of qualified immunity. … She granted the plaintiff’s motion for summary judgment on the issue of due process and denied his motion on the qualified immunity issue.

in Re: City of Tatum, Texas

578 S.W.3d 203 · Texas Court of Appeals, 12th District (Tyler) · May 15, 2019

immunity…. … He testified that upon resolution of the qualified immunity question, the parties then conduct additional discovery and depositions.

Attaya v. Shoukfeh

962 S.W.2d 237 · Texas Court of Appeals, 7th District (Amarillo) · Mar 13, 1998

Absolute Immunity Doctrine The absolute privilege (ie., immunity) doctrine has been firmly established in the Texas legal system for over one hundred years. See A.H. Belo & Co. v. Wren, 63 Tex. 686 (1884); Runge v. … Further, the qualified immunity provisions of the Medical Practice Act does not repeal, destroy, diminish or supercede common law absolute immunity.

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.

County of Hidalgo, Texas v. Fabiana Carlos

Texas Court of Appeals, 13th District · Jun 26, 2025

The plaintiff ultimately bears the evidentiary burden to establish a waiver of immunity. Powell, 704 S.W.3d at 448. B. … Applicable Law Political subdivisions of the State, including appellant, are generally immune from suit unless immunity has been clearly and unambiguously waived by the legislature. TEX.

Woody v. Stapp

146 Wash. App. 16 · Court of Appeals of Washington · May 20, 2008

He appeals the summary dismissal of his suit, contending material fact issues remain and the co-workers’ false statements exceeded the qualified immunity accorded internal investigative reports. We disagree and affirm. … And, qualified immunity applies with equal force here. *24 ¶20 Mr. Woody was an at-will employee. Generally, at-will employees do not have a business expectancy in continued employment. See Raymond v. Pac. Chem., 98 Wn.

Cicconi v. McGinn, Smith & Co.

27 A.D.3d 59 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2005

The matter of absolute versus qualified immunity has been debated within the securities industry and the courts (see Charkes, Outside Counsel, Qualified Privilege For the Form U-5, NYLJ, Mar. 19, 1998, at 1; Siconolfi, “Blackballing … Indeed, many courts around the country have granted Form U-5 statements qualified, rather than absolute, immunity, permitting the privilege to be negated if the employee can demonstrate that the former employer made the statement

Grande v. State

115 Ariz. 394 · Court of Appeals of Arizona · Mar 22, 1977

Appellant argues that where the claimed immunity is “executive” or “official” immunity rather than judicial, the protection afforded is not absolute, but is qualified, being limited to a situation where the defendant has … that plaintiff “was not a qualified contractor.”

Farnham v. City of Los Angeles

80 Cal. Rptr. 2d 720 · California Court of Appeal · Dec 23, 1998

County of Los Angeles (1997) 60 Cal.App.4th 606 [ 70 Cal.Rptr.2d 504 ], we held that the paved South Bay Bicycle Path qualified as a “trail” under the governmental immunity provisions of section 831.4. … It is true that part of the legislative history—depending on who is doing the analysis—shows a concern with total immunity over only unpaved roads or trails, and a more qualified immunity (as now expressed in section 831.4

Banks v. Happoldt

271 Ga. App. 146 · Court of Appeals of Georgia · Dec 17, 2004

(punctuation omitted). *148 “Sovereign immunity is not an affirmative defense that must be established by the party seeking its protection. … The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.

Kamchi v. Weissman

125 A.D.3d 142 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 2014

Thus, they established, as an initial matter, their entitlement to the benefit of N-PCL 720-a immunity. … Accordingly, at this stage, the defendants are not entitled to the benefit of the qualified immunity conferred by N-PCL 720-a.

Gertrude Lambrecht v. County of Comal and Jack Bremer, Sheriff of Comal County, Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1997

The test is derived from the federal good-faith test: "whether a reasonable officer could have believed his or her conduct to be lawful in the light of clearly established law and the information possessed by the officer … Official immunity, also referred to as quasi-judicial or qualified immunity, "evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability." Dear v.

Reidie Jackson, TDCJ 1164177 v. Captain Vaughn

Texas Court of Appeals, 7th District (Amarillo) · Dec 12, 2014

Immunity The trial court found Vaughn and Emsoff were “entitled to qualified immunity.” … It stated in a conclusion of law that Jackson had not “alleged facts sufficient to overcome Defendants’ qualified immunity.”11 The affirmative defense of qualified immunity is available in a section 1983 claim

BOATRIGHT v. COPELAND Et Al.

336 Ga. App. 107 · Court of Appeals of Georgia · Mar 11, 2016

For example, “[a] ministerial duty may be established by evidence such as a written policy, an unwritten policy, a supervisor’s specific directive, or a statute.” Roper v. … Cannons, of course, will usually qualify as “weapon[s]” within the definition of the statute.