Case law

Clouse v. STATE, DPS

194 Ariz. 473 · Court of Appeals of Arizona · Sep 21, 1999

Qualified Immunity ¶ 10 Arizona Revised Statutes Annotated section 12-820.02 provides as follows: A. … “The party asserting that a statute is unconstitutional has the burden of clearly demonstrating that it is.”

Martin v. Yunker

121 Or. App. 77 · Court of Appeals of Oregon · Jun 9, 1993

That rule provides: “(1) A parent or child is not immune from tort liability to the other solely by reason of that relationship. “(2) Repudiation of general tort immunity does not establish liability for an act or omission … The qualifier that “palpably unreasonable” conduct may give rise to liability is congruent with the common law notion that parental immunity extends to “ordinary negligence.” Cowgill, Adm’r v.

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

Robert Fleming v. State of Arizona, Az. Dept. of Public Safety, Gallivan

236 Ariz. 210 · Court of Appeals of Arizona · Oct 31, 2014

At trial, over Fleming’s objection, the court granted DPS’s request for a jury instruction on qualified immunity pursuant to A.R.S. § 12-820.02(A)(7). … Discussion Qualified Immunity Instruction ¶9 Section 12-820.02(A)(7), A.R.S., affords qualified immunity to a state entity for “[a]n injury to the driver of a motor vehicle that is attributable to the violation

Wilson v. Cnty. of San Joaquin

250 Cal. Rptr. 3d 563 · California Court of Appeal, 5th District · Jul 30, 2019

.) *12 Reversing the trial court's decision, the Court of Appeal first noted it was required to interpret section 850.4 to allow for liability unless "the Legislature has clearly intended immunity." ( Lewis , supra , 142 … To that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services." ( Health & Saf. Code, § 1799.107, subd. (a), italics added.)

Mayor of Baltimore v. Guttman

190 Md. App. 395 · Court of Special Appeals of Maryland · Feb 2, 2010

Gallagher”) because he is not entitled to legislative or qualified immunity- II. Whether the court’s denial of Ms. Mullins’ petition for attorney fees is an abuse of discretion. … Gallagher is entitled to qualified immunity because they did not raise it at the trial level. See Maryland Rule 8-131 (a). 9 .

the United Healthcare Choice Plus Plan for City of Austin Employees and the City of Austin v. Charles Lesniak

Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2015

entitlement to immunity predates amendments to the Government Code specifically stating that “[t]he establishment and maintenance of a self-insurance program by a governmental unit is not a waiver of immunity or of a … (Chapter 2259 applies to governmental unit’s establishment of self-insurance fund, including provision thereunder that such establishment “is not a waiver of immunity”).

Thornbury v. Allen

1999 Colo. J. C.A.R. 5952 · Colorado Court of Appeals · Oct 28, 1999

The determination whether real property constitutes a “qualified residence” must be made as of the time of the injury, and the burden of proof is on the party asserting that the property meets the definition of a “qualified … However, even if it is determined that Allen is the owner of a “qualified residence,” Thornbury may be “otherwise an employee” of Alleri, and, if so, Allen is entitled to immunity on that basis.

McConico v. Patterson

204 So. 3d 409 · Court of Civil Appeals of Alabama · Mar 11, 2016

Like qualified or state-agent immunity, whether prosecutorial immunity applies in a given case must be determined on a case-by-case basis. In Imbler v. … Because Falls has not yet presented the issue of prosecutorial immunity to the trial court, he has clearly not met that burden.

Mandelstam v. City of South Miami

685 So. 2d 868 · District Court of Appeal of Florida · Oct 23, 1996

The Mandelstams correctly argue that qualified immunity is unavailable to officials who, though otherwise covered, act with malice or contrary to clearly established law. Espanola Way Corp. v. … In sum, McCann's conduct, as alleged by the Mandelstams, was conduct for which qualified immunity generally applies. Accordingly, we affirm the order under review.

Timber Properties, Inc. v. Chester Tp.

205 N.J. Super. 273 · New Jersey Superior Court Appellate Division · Mar 2, 1984

However, certain defendants enjoy qualified or absolute immunity from liability for damages under § 1983. See Owen v. City of Independence, 445 U.S. 622, 637-638 , 100 S.Ct. 1398 , 63 L.Ed. 2d 673 (1980). … This liability is qualified by N.J.S.A. 59:3-1(b), which states that "[t]he liability of a public employee established by this act is subject to any immunity of a public employee provided by law."

Washington v. Starke

173 Mich. App. 230 · Michigan Court of Appeals · Nov 22, 1988

In suits brought pursuant to § 1983, the courts have granted to lesser public officials a qualified immunity similar to that granted them by Ross, supra. … The pertinent question, therefore, is whether the unconstitutionality of Tuscaloosa’s policy regarding use of deadly force was "clearly established” at the time of the shooting.

Swanson v. City of Groton

116 Conn. App. 849 · Connecticut Appellate Court · Sep 8, 2009

The defendants set forth special defenses that included governmental and qualified immunity. After the court granted the defendants’ motion for summary judgment on the complaint, this appeal followed. … Generally, a municipal employee is liable for the misperformance of ministerial acts, but has a qualified immunity in the performance of governmental acts. . . .

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.

American National Bank & Trust Co. v. Anchor Organization for Health Maintenance

210 Ill. App. 3d 418 · Appellate Court of Illinois · Mar 1, 1991

Clearly, these cases are distinguishable from the present case, where plaintiffs filed their initial complaint against Anchor on June 28, 1987, at a time when Anchor was entitled to the immunity granted to it under section … under a dual capacity as a State-certified and federally qualified HMO as well as a voluntary health service plan.

Reinish v. Clark

765 So. 2d 197 · District Court of Appeal of Florida · Jul 20, 2000

We conclude that the Reinishes clearly have satisfied the standing requirements of May and its progeny. See Chiles v. … Const. [5] "`Permanent resident' means a person who has established a permanent residence as defined in subsection (18)." § 196.012(17), Fla. Stat. (1997).

Whelehan v. Yazback

84 A.D.2d 673 · Appellate Division of the Supreme Court of the State of New York · Oct 30, 1981

He based this motion on, among other things, absolute immunity, qualified privilege and failure to state a cause of action. … The court, inter alia, denied defendant’s motion to dismiss on the grounds of absolute immunity and granted plaintiff’s motion to dismiss the affirmative defense of absolute immunity; denied defendant’s motion to dismiss

Jones, B. v. McGreevy, D.

270 A.3d 1 · Superior Court of Pennsylvania · Jan 11, 2022

This claim is meritless, as the record clearly establishes that McGreevy was the sole beneficiary and sole trustee of the separate share trust created by his deceased father. … immune and exempt from attachment, levy and execution.

Poveromo v. Town of Cortlandt

127 A.D.3d 835 · Appellate Division of the Supreme Court of the State of New York · Apr 8, 2015

The Town argued, among other things, that it did not have prior written notice of the alleged dangerous conditions as required by the Town Code, that it was entitled to qualified immunity with regard to the road design and … and by failing to install appropriate traffic control devices at the subject intersection, based upon the defense of qualified immunity.

Long v. Northeast Soil Conservation Dist. of La.

72 So. 2d 543 · Louisiana Court of Appeal · Apr 22, 1954

This legislation is then accepted in the courts of the State as evidence of the waiver by the State of its ■ traditional and established immunity from suit. … the issue has been as clearly delineated or as forcefully presented as in the instant case.