Case law

Tocco v. Piersante

69 Mich. App. 616 · Michigan Court of Appeals · Jun 24, 1976

, 16 and that, 'The position of the Michigan Supreme Court is very hard to determine’. 17 "In Michigan, is official immunity absolute or qualified? … because the plaintiff had failed to establish malice so as to overcome even a qualified privilege.

People v. Trinity Holistic Caregivers, Inc.

California Court of Appeal · Aug 21, 2015

We reject defendants’ argument they qualified for limited immunity because they substantially complied with the ICO. … “permanently” disqualify the otherwise qualified MMB from obtaining immunity.

Hupp v. Hill

576 N.E.2d 1320 · Indiana Court of Appeals · Aug 26, 1991

To defeat a claim of qualified immunity under § 1983, there must be a showing that the defendant violated a clearly established right: "in the light of pre-existing law, the unlawfulness must be apparent." Anderson v. … Without an allegation of activity sufficient to withstand a summary judgment motion, there can be no violation of clearly established rights. 8 .

Lenoir v. U.T. Physicians

491 S.W.3d 68 · Court of Appeals of Texas · Mar 29, 2016

UTP obtained dismissal on the basis that it qualifies as a “governmental unit” entitled to assert immunity from suit. … We also hold that UTP failed to establish that it is a governmental entity with immunity from suit.

Citizens Property Insurance Corp. v. San Perdido Ass'n

46 So. 3d 1051 · District Court of Appeal of Florida · Oct 6, 2010

Geoghegan, 702 So.2d 517, 521 (Fla. 2d DCA 1997) (qualified immunity). … In Tucker , our supreme court observed that the qualified immunity afforded to public officials would be illusory, and the underlying policy for the immunity would be thwarted, if nonfinal orders denying qualified immunity

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.

Little v. State

111 So. 3d 214 · District Court of Appeal of Florida · Apr 10, 2013

We conclude that the plain language of sections 776.012, 776.013, and 776.032 can be understood as granting immunity to a person who qualifies under either section 776.012(1) or 776.013(3). … Section 776.012(1) provides another means of obtaining immunity for individuals who would not qualify for immunity under section 776.013(3).

Tennyson v. Children's Services Division

93 Or. App. 366 · Court of Appeals of Oregon · Oct 12, 1988

Qualified immunity protects conduct taken in good faith which does not violate clearly established constitutional rights that a reasonable person would have known about. Qualified immunity is the norm. Harlow v. … The burden of establishing absolute immunity is on the official seeking it. Butz v. Economou, 438 US 478, 506 , 98 S Ct 2894 , 57 L Ed 2d 895 (1978).

Devine v. Fusaro

205 Conn. App. 554 · Connecticut Appellate Court · Jul 6, 2021

Finally, the plaintiff alleged that ‘‘[t]he defendants are not entitled to qualified immunity for their actions.’’ … On January 14, 2016, the District Court granted the defendants’ motion for summary judgment on the federal claims on the basis of qualified immunity. Id., *1.

Corleto v. Shore Memorial Hospital

138 N.J. Super. 302 · New Jersey Superior Court Appellate Division · Dec 9, 1975

McCracken, albeit that plaintiffs would obviously have to establish wrongdoing on the part of that doctor in order to prevail against the other defendants. … . *311 Certainly an immunity would not be lightly granted.

Ripellino v. North Carolina School Boards Ass'n

158 N.C. App. 423 · Court of Appeals of North Carolina · Jun 17, 2003

A waiver of sovereign immunity must be established by the General Assembly. Wood v. N.C. State Univ., 147 N.C. App. 336, 338 , 556 S.E.2d 38, 40 (2001). … “The concept of sovereign immunity is so firmly established that it should not and cannot be waived by indirection or by procedural rule. Any such change should be by plain, unmistakable mandate of the lawmaking body.”

Jane Nelson, in Her Official Capacity as Texas Secretary of State v. True Texas Project, Texans Uniting for Reform and Freedom, Grassroots America - We the People, Julie McCarty, Terri Hall, and JoAnn Fleming

Texas 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

Kay v. Frerichs

2021 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.

Roe v. Walls Regional Hospital, Inc.

21 S.W.3d 647 · Texas Court of Appeals, 10th District (Waco) · Jun 7, 2000

Roe asserted that the statutes relied on by the hospital in its motion cloak the medical peer review process with a qualified immunity that is destroyed when the hospital acts with actual malice. … We need not address whether the trial court could also have based its summary judgment order on grounds that the defendant established immunity under the Health and Safety Code, or the HCQIA.

Santiago v. Ware

205 Wis. 2d 295 · Court of Appeals of Wisconsin · Sep 30, 1996

been clearly established prior to Santiago's hearing before Zangl. … Consequently, Danner was not entitled to qualified immunity.

Bradt v. West

892 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.

Lyons Township ex rel Kielczynski v. Village of Indian Head Park

2017 IL App (1st) 161574 · Appellate Court of Illinois · Nov 9, 2017

Clearly, a qui tam action would not be brought on behalf of a government entity engaging in fraud, or any other random government unit with no ties to the claim. … actions were not immunized pursuant to the Tort Immunity Act

Taber v. Aransas Harbor Terminal Ry.

219 S.W. 860 · Court of Appeals of Texas · Feb 25, 1920

It has no powers except those clearly named ,in the law creating it and has no power whatever to enforce its order, but can ónly appeal to a court of competent jurisdiction. … Article 6 of the Texas Constitution provides what courts shall be established and defines their jurisdiction. Railway v. Shannon, 100 Tex. 379 , 100 S. W. 138 , 10 L. R. A. (N. S.) 681.

Estate 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).

Mills v. Solution, LLC

138 Conn. App. 40 · Connecticut Appellate Court · Sep 11, 2012

Coleman. 1 She claims that the court improperly concluded that no genuine issues of material fact existed as to (1) whether the city, Handy and Arm-eno (municipal defendants) 2 had qualified immunity because (a) General Statutes … It further found that the plaintiff could not recover under an exception to a municipal employee’s qualified immunity for discretionary acts because the decedent was not an identifiable victim subject to imminent harm and