Case law

Fox v. Wardy

224 S.W.3d 300 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

Appellees filed a plea to the jurisdiction in both cases based on sovereign immunity, official immunity, and qualified immunity. … Appellees, who were sued in their official and individual capacities, asserted sovereign immunity, official immunity, and qualified immunity. 3 The trial court granted the plea to the jurisdiction, but did not specify the

Means v. City of Atlanta Police Department

262 Ga. App. 700 · Court of Appeals of Georgia · Aug 12, 2003

“Government officials performing discretionary functions 4 are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 insofar as their conduct does not violate clearly … “In all but the most exceptional cases, qualified immunity protects govern *706 ment officials performing discretionary functions from the burdens of civil trials and from liability for damages.”

Christy Leann Smith v. Leona M. Pratt, of The Estate of Stephen M. Pratt, M.D., and HCA Health Services of Tennessee, Inc. /d/b/a Centennial Medical Center - Concurring

Court of Appeals of Tennessee · Apr 22, 2009

I fully concur in the majority’s well reasoned analysis and conclusion whereby the Court holds that the qualified immunity defense set forth in Tenn. … If it was, then Centennial Medical Center is entitled to qualified immunity pursuant to Tenn. Code Ann. § 63-6-219(d)(1); however, if it was not, then the hospital is not entitled to 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.

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.

Thomas Madsen, V. Washington State Dept. Of Fish & Wildlife

561 P.3d 1216 · Court of Appeals of Washington · Jan 7, 2025

The Madsens clearly made that claim in the trial court. And the “issue” is the inapplicability of RCW 77.55.181(5), and the Madsens clearly raised that issue in the trial court. … Therefore, under the plain language of RCW 77.55.181(5), immunity does not apply in this case. WDFW argues that immunity applies as long as the project would have qualified under RCW 77.55.181.

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.

Lovelace v. Anderson

126 Md. App. 667 · Court of Special Appeals of Maryland · Jun 3, 1999

Once the two factors are established, “a qualified immunity attaches; namely, in the absence of malice, the individual involved is free from liability.” Clea v. … Thus, a law enforcement officer is entitled to qualified public official immunity.

Costa v. Community Emergency Medical Services, Inc

263 Mich. App. 572 · Michigan Court of Appeals · Nov 10, 2004

evidence tending to establish defendants’ gross negligence in treating Costa. … failed to establish gross negligence or proximate cause.

Bloom v. Muckenthaler

34 Kan. App. 2d 603 · Court of Appeals of Kansas · Aug 12, 2005

. § 1997e(a) (2000); immunity under the Kansas Tort Claims Act, K.S.A. 75-6101 et seq.; failure to state a claim under K.S.A. 60-212(b)(6); qualified immunity under federal law; and immunity under the Eleventh Amendment to … Qualified Immunity Defense In considering KDOC’s qualified immunity defense, the district court held Bloom to the heightened standard of pleading set out in Breidenbach v. Bolish, 126 F.3d 1288, 1292 (10th Cir. 1997).

Becker v. Washington State University

165 Wash. App. 235 · Court of Appeals of Washington · Oct 13, 2011

clearly established statutory or constitutional rights of which a reasonable person would have known. … Becker must establish a violation of due process, equal protection, or free expression to avoid qualified immunity under 42 U.S.C. § 1983 . ¶42 The touchstone of due process is protection of the individual against arbitrary

Wendell Long v. Snoqualmie Gaming Commission

435 P.3d 339 · Court of Appeals of Washington · Feb 25, 2019

Broad Application of the Language of the Agreement Long claims that the settlement agreement provision waiving sovereign immunity clearly and unambiguous waives the immunity of the Commission. … Ed 2d 773 (1996) (indicating that qualified immunity protects one from the burdens of litigation, including pretrial actions, and therefore a court should stay discovery during determination regarding immunity).

Deana Pollard Sacks v. Brian Weil Zimmerman and Andrew Todd McKinney, IV

401 S.W.3d 336 · Texas Court of Appeals, 14th District (Houston) · Apr 4, 2013

Both Zimmerman and McKinney answered, asserting the affirmative defense of the ―litigation privilege‖ or qualified immunity. … CONCLUSION Zimmerman and McKinney established their affirmative defense of qualified immunity to Sacks‘ claims.

Delgado v. City of New York

144 A.D.3d 46 · Appellate Division of the Supreme Court of the State of New York · Sep 27, 2016

In finding that Witkowich and Washington, who initiated the issuance of the search warrant, were not entitled to qualified immunity, this Court found that they “did little, if anything, to establish the reliability of the … There was, however, no contradiction inasmuch as there is a distinction between granting qualified immunity to officers executing what appears to be a facially valid search warrant, and not granting immunity to officers who

City of Robstown, Noe Garza, Julian Olivera, J. B. Talley, and Jorge Luis Aguilar v. Ramirez, Primitivo, Individually, Librado G. Ramirez, Individually and Michelle Ramirez, by and Through Her Next Friend, Primitivo Ramirez

Texas Court of Appeals, 13th District · Mar 31, 2000

assertion of qualified or official immunity in order for the sovereign. … To the extent that Aguilar's argument on appeal is based on qualified immunity, we are unable to consider it as he did not raise the issues of res judicata or collateral estoppel within an argument of qualified immunity in

Warren v. Evans

144 A.D.3d 901 · Appellate Division of the Supreme Court of the State of New York · Nov 16, 2016

The County moved for summary judgment dismissing the complaint and all cross claims insofar as asserted against it on the ground that it was entitled to qualified immunity arising out of a highway planning decision. … Under the doctrine of qualified immunity, a governmental entity may not be held liable for a highway safety planning decision unless its study of a traffic condition is plainly inadequate, or there is no reasonable basis

Rine v. Chase

309 A.D.2d 796 · Appellate Division of the Supreme Court of the State of New York · Oct 14, 2003

Mandated reporters, such as the defendant social worker, are provided with qualified immunity from civil liability for reports of suspected child abuse which are made in “good faith” (Social Services Law § 419). … “The reporting requirements which trigger the qualified immunity provision contained in Social Services Law § 419 are not predicated upon actual or conclusive proof of abuse or maltreatment.

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.

City of El Paso v. Higginbotham

993 S.W.2d 819 · Texas Court of Appeals, 8th District (El Paso) · May 13, 1999

They argued that Wilson and McGlothin, as employees of the City, were protected from suit by qualified immunity and that the City of El Paso enjoyed sovereign immunity. … Further, because the City of El Paso’s claim of immunity is derivative of the qualified immunity claim of Wilson and McGlothin, we hold that the City of El Paso also failed to establish that it was entitled to sovereign immunity