Case law

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.

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

Rupp v. Brookdale Baptist Church

242 N.J. Super. 457 · New Jersey Superior Court Appellate Division · Jul 12, 1990

It is a not-for-profit organization, established exclusively for religious, charitable and educational purposes. … A qualifying organization does not lose its statutory immunity merely because it charges money for its services. See, e.g., Schultz v. Roman Catholic Archdiocese, supra ; Gray v. St. Cecilia's School, supra .

County of Tulare v. Nunes

215 Cal. App. 4th 1188 · California Court of Appeal · Apr 29, 2013

In addition, “[a]s part of its effort to clarify and smooth implementation of the [CUA], the [MMPA] immunizes from prosecution a range of conduct ancillary to the provision of medical marijuana to qualified patients.” … but merely sets forth certain immunities from criminal prosecution.

Doe v. Grant

839 So. 2d 408 · Louisiana Court of Appeal · Jan 29, 2003

Our Lady of the Lake Hospital, 93-2512 (La.7/5/94), 639 So.2d 730 , the Supreme Court discussed the availability of qualified immunity from a defamation claim stemming from the peer review of a cardiologist whose hospital … The statute was amended in 1995 to extend qualified immunity to hospitals as well as individual committee members.

Brown v. University of Texas Health Center at Tyler

957 S.W.2d 911 · Texas Court of Appeals, 12th District (Tyler) · Nov 26, 1997

The three individual defendants, in their responses, asserted the affirmative defense of qualified immunity. … Because we have concluded that their conduct did not violate clearly established statutory or constitutional rights of Brown, we do not address the qualified immunity issue. Brown’s sole point of error is overruled.

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.

Glenn v. Horan

765 A.2d 426 · Commonwealth Court of Pennsylvania · Jan 3, 2001

Specifically, the Township asserts (1) that Glenn’s complaint is legally insufficient because she failed to allege any facts in her complaint to establish a prima facie case, and (2) that the Township is immune from suit … Philadelphia Law Department —Claims Division, 721 A.2d 65 (Pa.Cmwlth.1998) (nylon rope designed to control pedestrians qualified as a traffic control for governmental immunity purposes).

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.)

McClure v. Town of East Brookfield

9 Mass. L. Rptr. 680 · Massachusetts Superior Court · Mar 11, 1999

IV.The Qualified Immunity of the defendant Hunderup. … The United States Supreme Court has held that most public officials who exercise discretionary functions are entitled to qualified immunity from liability for damages under §1983. Harlow v.

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."

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.

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”).

Gureasko v. Bethesda Hospital

116 Ohio App. 3d 724 · Ohio Court of Appeals · Dec 18, 1996

We thus hold that the hospital’s summary suspension procedure provided sufficient due process to qualify the hospital for immunity under HCQIA as well as under state law. … Frank (1991), 60 Ohio St.3d 111 , 573 N.E.2d 609 , the Ohio Supreme Court held that this statute establishes a qualified privilege.

King v. CORRECTIONAL MEDICAL SERVICES, INC.

919 So. 2d 1186 · Court of Civil Appeals of Alabama · Apr 15, 2005

Greifinger was not qualified as a "similarly situated health care provider" under § 6-5-548(b) and that ADOC and Haley were entitled to § 14 immunity and State-agent immunity, respectively. Ms. … Our supreme court has established a framework under § 6-5-548 for determining whether a proffered expert witness is a "similarly situated health care provider" and is therefore qualified to testify. See Medlin v.

Winney v. County of Saratoga

8 A.D.3d 944 · Appellate Division of the Supreme Court of the State of New York · Jun 24, 2004

After some unrelated applications ( 252 AD2d 882 [1998]), defendant moved for summary judgment dismissing the complaint based on qualified governmental immunity. … Under the circumstances, there are questions of fact as to whether defendant is entitled to qualified immunity, requiring affirmance of Supreme Court’s order.

Lovelace v. Van Tine

545 S.W.3d 381 · Missouri Court of Appeals · Apr 10, 2018

only to a qualified privilege. 919 S.W.2d 240 (1996). … qualified privilege).

Oram v. Capone

206 A.D.2d 839 · Appellate Division of the Supreme Court of the State of New York · Jul 15, 1994

Memorandum: Defendant County of Onondaga (County) failed to preserve for review its argument that, pursuant to Weiss v Fote ( 7 NY2d 579 , rearg denied 8 NY2d *840 934), the doctrine of qualified municipal immunity applies … Thus, it cannot be said that the doctrine of qualified immunity necessarily applies as a matter of law. We have considered the remaining contentions and find them to be without merit.

Malik Muntaqim, Adc No. 088633 v. Dexter Payne, Director, Arkansas Division of Correction

2024 Ark. App. 455 · Court of Appeals of Arkansas · Sep 25, 2024

Sovereign and Qualified Immunity Sovereign immunity for the State of Arkansas arises from an express declaration in article 5, section 20 of the Arkansas Constitution. Muntaqim, 2022 Ark. … Under this analysis, a state official is entitled to qualified immunity unless (1) the plaintiff has alleged facts that demonstrate the deprivation of an actual constitutional right, and (2) the right was clearly established

Schmidt v. Breeden

134 N.C. App. 248 · Court of Appeals of North Carolina · Jul 20, 1999

Notwithstanding, our courts have established that denial of a summary judgment motion grounded upon governmental immunity affects a substantial right and is thereby immediately appealable pursuant to N.C.G.S. § 1-277(a) ( … Certain activities qualify as “clearly governmental such as law enforcement operations and the operation of jails, public libraries, county fire departments, public parks and city garbage services.” Hare, 99 N.C.