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326 Ga. App. 95 · Court of Appeals of Georgia · Mar 11, 2014
(b) Officer Henderson argues that the trial court erred by denying his motion for summary judgment based on qualified immunity. … Public agents are immune from liability for their discretionary acts unless they are done with malice or intent to *98 injure: The doctrine of official immunity, also known as qualified immunity, protects individual public
Overruled on other grounds by Rivera v. Washington, 298 Ga. 770 (2016)Cited 18 timesPublished2021 IL App (1st) 192271 · Appellate Court of Illinois · May 28, 2021
In 1996, Congress authorized the states to establish “qualified tuition plans,” commonly known as 529 plans, that allow individuals to make contributions to tax-free investment accounts in order to pay for … Kay further establishes that sovereign immunity applies to this case.
Cited 1 timesPublishedLittle v. Mississippi Department of Transportation
129 So. 3d 192 · Court of Appeals of Mississippi · Oct 9, 2012
Little argues that even if MDOT is immune under the discretionary-function exemption, it must still demonstrate that it qualifies for immunity under Mississippi Code Annotated section 1146-9(l)(v) (Supp.2011). 6 Essentially … Hence, if an entity “qualifies for immunity under subsection (d), the conditions for immunity under subsection (v) are irrelevant.” Doe, 68 So.3d at 1289 (¶ 14).
Cited 4 timesPublishedMoongate Water Co., Inc. v. State
120 N.M. 399 · New Mexico Court of Appeals · Jun 30, 1995
QUALIFIED IMMUNITY Defendants argue that they are entitled to qualified immunity because Moongate has not proved that their conduct violated any clearly established constitutional rights. See Harlow v. … For Moongate to defeat Defendants’ qualified immunity, it must specifically show that Defendants: (1) violated a clearly established constitutional right; and (2) acted under color of state law.
Cited 11 timesPublished199 Ga. App. 667 · Court of Appeals of Georgia · May 7, 1991
The statement and the circumstances surrounding its tterance qualified the statement as a res gestae statement; it clearly *668 was an excited utterance made shortly after the shooting (even prior to the arrival of medical … State, 260 Ga. 506, 508 (4) ( 397 SE2d 423 ), certain of the entries contained within these records would appear to so qualify.
Cited 43 timesPublishedEstate of Jeremiah Blevins, by and Through Jennifer Blevins, as Administratrix v. Brandon Howe
Court of Appeals of Kentucky · Oct 3, 2025
official immunity. … Whether qualified immunity extends to the Appellees turns on whether their acts were discretionary or ministerial. Marson v. Thomason, 438 S.W.3d 292, 296 (Ky. 2014).
Cited 0 timesPublishedMoody v. Philadelphia Housing Authority
673 A.2d 14 · Commonwealth Court of Pennsylvania · Mar 8, 1996
The question in determining the existence of qualified immunity is whether a reasonable person could have believed the defendant’s action to be lawful in light of clearly established law and the information he possessed. … Therefore, Appellant, had he raised and preserved the issue of qualified immunity, would not have been entitled to that defense because he did not reasonably rely on existing law.
Cited 8 timesPublishedNorthport Health Services, Inc. v. Owens
82 Ark. App. 355 · Court of Appeals of Arkansas · May 28, 2003
“Qualified immunity, similar to absolute immunity, is an entitlement not to stand trial under certain circumstances. … In the fourth point, appellants argue that the verdict amount is excessive and clearly against the weight of the evidence.
Cited 4 timesPublishedCicconi 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
Cited 8 timesPublished241 A.D.2d 290 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1998
In its charge, the court instructed the jury that defendant was entitled to qualified immunity from October 12, 1988 to January 1, 1991 and that the jury could consider whether plaintiffs had assumed the risk of living near … Thus, the court should not have charged the jury that qualified immunity applied to the acts of defendant from October 12, 1988 to January 1, 1991.
Cited 15 timesPublishedWilhelms v. ProMedica Health Sys., Inc.
205 N.E.3d 1159 · Ohio Court of Appeals · Jan 18, 2023
Wilhelms’ COVID-19 infection and his injuries, and the trial court’s causal finding based upon the limited evidence in the record was clearly erroneous. See e.g. Linkous v. Mayfield, 4th Dist. Scioto No. … and Kroger finding that the claimed losses clearly were alleged to have been caused by, arose out of, related to, or resulted from the administration of, or the use of the Moderna vaccine, a 15.
Cited 5 timesPublished892 S.W.2d 56 · Texas Court of Appeals, 1st District (Houston) · Dec 22, 1994
Delmore moved for summary judgment on the grounds of absolute immunity and qualified immunity. 9 In Font v. Carr, 867 S.W.2d 873, 878 (Tex.App. … Because Delmore is absolutely immune, we do not consider whether qualified immunity applies.
Cited 204 timesPublishedMeier v. City of Columbia Heights
686 N.W.2d 858 · Court of Appeals of Minnesota · Sep 22, 2004
Appellant and the individually-named defendants moved for summary judgment based on qualified and official immunity. … immunity because his or her conduct was ministerial if that ministerial conduct was required by a protocol established through the exercise of discretionary judgment that would itself be protected by official immunity.
Cited 11 timesPublishedOsier v. The City of Burlington
Vermont Superior Court · Apr 30, 2013
Leopold’s qualified immunity argument. … The absence of malice, corruption, personal gain, or similar improper motive is not sufficient to establish the “good faith” element of the qualified immunity defense.
Cited 0 timesPublished73 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.
Cited 28 timesPublished316 Ga. App. 738 · Court of Appeals of Georgia · Jul 11, 2012
(ii) Official Immunity Under the doctrine of official, or qualified, immunity, law enforcement officers may be personally liable for negligent actions taken in the performance of ministerial functions, but are immune from … they are shielded from personal liability by official immunity. 2.
Cited 21 timesPublished962 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.
Cited 27 timesPublished947 S.W.2d 718 · Court of Appeals of Texas · Jul 21, 1997
Official/Qualified Immunity As to the contention that Amarillo proved, as a matter of law, that the officer was qualifiedly immune from liability, we also disagree. … Qualified or official immunity consists of three elements.
Cited 8 timesPublishedTexas Court of Appeals, 7th District (Amarillo) · Jan 25, 2024
“Merely stating that a fund is being established provides little definiteness or certainty about something important to the people—will they directly pay for it?” Id. … Describing them as non-profit organizations comprised of qualified voters as opposed to qualified voters themselves, McCarty may have displaced the organizations from the category of those allowed to attack the results
Cited 0 timesPublishedTheriot v. STATE, DEPT. OF WILDLIFE & FISHERIES
661 So. 2d 986 · Louisiana Court of Appeal · Apr 7, 1995
immunity." … First, although defendants did not specifically refer to La.R.S. 56:65 in their answer, they did assert that Matassa's actions were in good faith and that he was entitled to "qualified immunity."
Cited 11 timesPublished
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