Case law

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.

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.

Dickerson v. Kemp

540 So. 2d 467 · Louisiana Court of Appeal · Feb 28, 1989

We note that subsequent jurisprudence has acknowledged that when a prosecutor acts in an administrative or investigative capacity, he is entitled only to qualified immunity. Cribb v. … in order to establish a qualified privilege to a defamatory action the defendant must introduce evidence of good faith. [2] LSA-C.C.P. art. 1603 reads as follows: A motion for a continuance shall set forth the grounds upon

Pangburn v. Saad

73 N.C. App. 336 · Court of Appeals of North Carolina · Mar 5, 1985

In both the Bellavance and Leverett cases, supra, the applicable statutes granted only a qualified immunity to the individual physicians. … Sec. 122-24 was intended to create a qualified immunity for those state employees it protects, extending only to their ordinary negligent acts.

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.

Murray v. Justice

96 N.C. App. 169 · Court of Appeals of North Carolina · Nov 7, 1989

Ed. 2d 396 (1982) to refute the defendant’s contention that his action should at least be afforded qualified immunity as a quasi-judicial function if he was not given absolute immunity. … The United States Supreme Court held that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

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.

Bozeman v. Trevino

804 S.W.2d 341 · Texas Court of Appeals, 4th District (San Antonio) · Feb 20, 1991

-Dallas 1986, writ ref'd n.r.e.), cert. denied, 485 U.S. 977 , 108 S.Ct. 1272 , 99 L.Ed.2d 483 (1988) (applying the doctrine of qualified immunity to the actions of a police officer); accord Austin v. … While that defense may be alleged in a motion for summary judgment, and proof may establish that defense as a matter of law, the motion for summary judgment in the present case failed to assert the defense of qualified immunity

Bednoski v. County of Suffolk

145 A.D.3d 943 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 2016

The County moved for summary judgment dismissing the complaint, arguing that it was entitled to qualified governmental immunity for its highway planning decisions, that it did not owe a duty of care to the plaintiff, and … Contrary to the County’s contention, it failed to establish its prima facie entitlement to judgment as a matter of law on the basis of qualified governmental 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.

Braska v. Challenge Manufacturing Co.

307 Mich. App. 340 · Michigan Court of Appeals · Oct 23, 2014

and supersede contrary laws. 5 As noted, the MMMA’s immunity clause provides in relevant part as follows: A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest … The disqualification clearly amounted to a penalty imposed on claimants for their medical use of marijuana that ran afoul of the MMMA’s immunity clause.

Bush v. Paragon Property, Inc.

165 Or. App. 700 · Court of Appeals of Oregon · Mar 1, 2000

The Court held that the state officials did not have a federal right to prevail in advance of trial if their qualified immunity defense *705 were meritorious. … First, there is no particular reason that it is necessary to decide the issue of qualified immunity before trial in order to achieve the purpose of section 1983.

Denishio Johnson v. Curt Vanderkooi

Michigan Court of Appeals · May 23, 2017

Further, we review de novo the question of whether a federal constitutional right was clearly established at the time of the alleged violation so as to preclude the protection of qualified immunity. … QUALIFIED IMMUNITY GENERALLY “Qualified immunity is an established federal defense against claims for damages under § 1983 for alleged violations of federal rights.” Id.

DSS Servs., L.L.C. v. Eitel's Towing, L.L.C.

2019 Ohio 3158 · Ohio Court of Appeals · Aug 6, 2019

Thus, where the face of the complaint does not clearly establish a political subdivision's immunity, a court must deny a motion for judgment on the pleadings. … Engagement in those activities, therefore, may qualify as providing fire services.

Williams v. State, ex rel. Department of Wildlife & Fisheries

95 La.App. 1 Cir. 2456 · Louisiana Court of Appeal · Nov 20, 1996

Inherent in this contention is plaintiffs’ recognition that La.R.S. 56:65 is a qualified immunity statute. … Accordingly, we must address the defendants’ entitlement to the qualified immunity granted by La.R.S. 56:65.

Machete's Chop Shop, Inc. v. Texas Film Commission

483 S.W.3d 272 · Court of Appeals of Texas · Jan 29, 2016

The Music, Film, Television, and Multimedia Office is established in the Office of the Governor. See Tex. Gov’t Code § 485.002. . … The court held that because the Program statutes and regulations made clear that grants were discretionary, Machete Productions could not demonstrate that it had a clearly established right to the grant funds such .that it