Case law

Delcourt v. Silverman

919 S.W.2d 777 · Texas Court of Appeals, 14th District (Houston) · Apr 4, 1996

The summary judgment evidence presented by Trusch was sufficient to establish the affirmative defense of derived judicial immunity. … Clearly a judge who conspires to violate a person’s constitutional rights acts maliciously or corruptly. However, the need to preserve the judge’s independence requires a grant of absolute immunity.

TOLLENGER v. State

199 Md. App. 586 · Court of Special Appeals of Maryland · Jul 5, 2011

That does not follow, and clearly such a broad exemption from the State’s waiver of sovereign immunity was not intended by the drafters of the MTCA. … and (3), if the Act does grant such qualified immunity, whether the plaintiffs evidence of malice was sufficient to generate a triable issue as to whether the immunity was defeated.

People v. Bylsma; People v. Overholt

315 Mich. App. 363 · Michigan Court of Appeals · May 17, 2016

Most relevant to this appeal, the court concluded that defendant failed to establish that he was entitled to immunity under § 4, and because his entitlement to an affirmative defense under § 8 was dependent on whether he … In particular, § 4 “grants broad immunity from criminal prosecution and civil penalties” to registered “qualifying patient[s]” and “primary caregiver[s]” who can satisfy the elements of that section.

Phillip K. Poteet, Individually and as Next Friend for Jeffrey Poteet, a Minor v. Collin J. Sullivan, Henry Lucio, Byron Lake and Town of Flower Mound, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 1, 2007

For the defense of qualified immunity under federal law and section 1983 claims, however, such is not the case: A [A] defendant asserting immunity is not required to establish the defense beyond peradventure, as he would … Qualified Immunity Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no clearly established statutory or constitutional

Matta v. Burton

721 A.2d 1164 · Commonwealth Court of Pennsylvania · Dec 23, 1998

As such, they were not *1167 related to her position as mayor and thus not protected by absolute immunity. … And Burton’s criticism of Matta’s handling of the contract falls within the scope of her duties and authority because the public clearly has a right to be informed of possible mismanagement by Matta of a $13.5 million school

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.

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.

Mountain Lakes Bd. of Education v. Maas

56 N.J. Super. 245 · New Jersey Superior Court Appellate Division · Jun 22, 1959

He was preeminently qualified in his field, and the court properly permitted him to testify. … Defendant's acts were clearly in direct conflict with prevention, with *273 which immunization is so intimately related.

McManus v. State, Dept. of Wildlife & Fisheries

9 La.App. 3 Cir. 1158 · Louisiana Court of Appeal · Mar 10, 2010

Miller, 04-1199 (La.App. 3 Cir. 4/27/05) , 900 So.2d 1135 ], and qualified immunity such as that conferred upon government officials performing discretionary functions [see Jackson v. State ex rel. … Department of Corrections, 00-2882 (La.5/15/01), 785 So.2d 803 ], The statutes at issue provide “qualified” immunity not “absolute” immunity — thus, whether or not the State was immune from suit called for the trier of fact

Pt v. Richard Hall Mental Health Care Center

364 N.J. Super. 561 · New Jersey Superior Court Appellate Division · Jun 3, 2002

statutory privilege based upon DYFS reporting requirements, discretionary activity immunity afforded these defendants by the New Jersey Tort Claims Act, and a qualified immunity or an absolute immunity which protects expressions … Defendants next rely upon three other kinds of immunities which we need address only briefly, namely, the discretionary *451 activity immunity provided by the New Jersey Tort Claims Act, the doctrine of qualified 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.

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.

Davis v. City of Palestine

973 S.W.2d 319 · Court of Appeals of Texas · Aug 27, 1997

’ claims; 5) Davis complains of an Act of God; 6) qualified immunity of City, officials preserve the City’s sovereign immunity; 7) the statute of limitations and statutory notice provisions bar Davis’ claims; and 8) any inverse … Because the City failed to establish its affirmative defense of sovereign immunity as a matter of law, we sustain points of error three and five.

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.

Kennedy v. Specht

119 N.E.3d 792 · Ohio Court of Appeals · Sep 10, 2018

“However, ‘absolute immunity does not extend to a prosecutor engaged in essentially investigative or administrative functions’[;] * * * [w]hile performing these functions, he is entitled to only a qualified immunity.” … The record before us, however, does not establish that appellees acted with any malice or bad faith. No exception to the provision of prosecutorial immunity applies here.

Joner v. Board of Education

91 Pa. Commw. 145 · Commonwealth Court of Pennsylvania · Aug 15, 1985

Regardless of whether' the Appellant has alleged facts which would have otherwise qualified her claim under an exception to governmental immunity, and we do not now decide whether she has done so, she has not alleged facts … Clearly Vann does not establish such a rule, but establishes only that, under the facts as pleaded in that case, the criminal acts were not a foreseeable use of school property as a matter of law. See Bersani v.

Ambrose v. New Orleans Police Dept.

627 So. 2d 233 · Louisiana Court of Appeal · Nov 18, 1993

Also, prior to 1987, R.S. 40:1235(A) provided for qualified immunity for EMTs and the agencies employing those EMTs. … , and who gave instructions to EMTs through the establishment of protocols, would not enjoy that immunity.

Harmon v. State of Oregon

320 Or. App. 406 · Court of Appeals of Oregon · Jun 23, 2022

Finally, we note that, in its brief on appeal, in a footnote, the state argues that “even if OSH was not entitled to absolute immunity against plaintiff’s alle- gations, it was entitled to qualified immunity.” … But qualified immunity was not raised in the state’s motion for summary judgment and the state’s undeveloped qualified immunity argument on appeal likewise does not provide a basis to affirm. 412

Kilcoin v. Wolansky

75 A.D.2d 1 · Appellate Division of the Supreme Court of the State of New York · May 27, 1980

Clearly, he performed both administrative and high-level policy-making functions. … Clearly, the substance of all statements now complained of was strictly confined to the area of Dr.

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.