Case law

Wilhelms 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.

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.

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.

Meier 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.

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

City of San Antonio, Acting Through City Public Service Board of San Antonio v. Wheelabrator Air Pollution Control, Inc.

381 S.W.3d 597 · Texas Court of Appeals, 4th District (San Antonio) · Aug 1, 2012

Limited Legislative Waiver of Immunity for Certain Contract Claims The Legislature has clearly and unambiguously waived a governmental entity’s immunity from suit for certain contractual claims. … Chapter 271 of the Local Government Code expressly waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims. TEX. LOC.

State Farm Fire and Casualty Company A/S/O JC Investment, Inc. Restaurant Development, LLC v. JPC Group, Inc.

157 A.3d 1 · Commonwealth Court of Pennsylvania · Mar 9, 2017

JPC Group asserted in its answer with new matter, inter alia, that State Farm’s claims were barred by the doctrine of qualified immunity. … On July 7, 2015, State Farm filed a motion in limine with the trial court to preclude JPC Group from presenting evidence on its asserted defense of qualified immunity.

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

Theriot 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."

Pruett v. City of Amarillo

947 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.

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.

Massey v. Shepack

12 Kan. App. 2d 770 · Court of Appeals of Kansas · Jun 24, 1988

App. 2d 363 , Syl. ¶ 8, 702 P.2d 935 , aff'd in part, revd in part 238 Kan. 48 , 708 P.2d 174 (1985), held: “A police officer is entitled to good faith or qualified immunity for warrantless arrest if he had probable cause … Massey made no negative showing of bad faith, while Cox’s affirmative showing *777 of good faith was clearly established.

Maudsley v. State

357 N.J. Super. 560 · New Jersey Superior Court Appellate Division · Feb 27, 2003

. *203 On balance, therefore, there is this issue of qualified immunity. … The judge's legal conclusion of law that no qualified immunity existed also merits our acceptance.

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

Linen v. County of Rensselaer

274 A.D.2d 911 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2000

“A government official performing a discretionary function is entitled to qualified immunity provided his or her conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To be entitled to qualified immunity and dismissal of plaintiffs claims, defendants must establish that it was objectively reasonable for them to believe that their conduct in retaining plaintiff was appropriate under the

Fielding Harwell v. James W. Schrieve

Texas Court of Appeals, 9th District (Beaumont) · May 22, 2008

Pointing out that the motion's first sentence read that the government employees "'hereby move for partial summary judgment on their defense of qualified immunity[,]'" the Supreme Court held the motion was "'based on' immunity … The City's motion for summary judgment was clearly 'based on' official immunity within the meaning of section [51.014(a)(5)]. Whether the claim of official immunity was valid should have been decided on the merits. Id.

Gentry v. Hutchins

319 Ga. App. 636 · Court of Appeals of Georgia · Feb 1, 2013

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

Acquest Wehrle, LLC v. Town of Amherst

129 A.D.3d 1644 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 2015

We reject defendant’s contention that the state constitutional claims should be dismissed because defendant is entitled to qualified immunity. “ ‘A government official is entitled to qualified immunity provided his or her … As such, defendant is not entitled to qualified immunity. We reject defendant’s further contention that alleged evidentiary errors require a new trial.

Bassett v. Bassett

521 P.2d 434 · Court of Civil Appeals of Oklahoma · Mar 26, 1974

Reed, 404 U.S. 71 , 92 S.Ct. 251 , 30 L.Ed.2d 225 (1971), wherein the high court held an Idaho statute unconstitutional which provided that as between persons *436 equally qualified to administer estates, males should be … The objective of § 15-312 clearly is to establish degrees of entitlement of various classes of persons in accordance with their varying degrees and kinds of relationship to the intestate.