Case law

Guider v. Smith

157 Mich. App. 92 · Michigan Court of Appeals · Jan 6, 1987

This principle of qualified immunity is sometimes referred to as "good faith immunity," which implies that the state of mind of the police officer is relevant. … However, the only inquiries relevant to the defense of qualified immunity concern the established state of the law at the time the incident occurred and the officer's compliance with that law.

Sosa v. Commissioner of Correction

175 Conn. App. 831 · Connecticut Appellate Court · Aug 29, 2017

immunity; the plaintiff’s challenge to the court’s qualified immunity determination was inadequately briefed and, thus, was not reviewable, and where, as here, the defendants were served at the Office of the … The court based its qualified immunity deter- mination on the ground that the plaintiff had no consti- tutional liberty interest in visitation.

Biser v. Deibel

128 Md. App. 670 · Court of Special Appeals of Maryland · Oct 29, 1999

The circuit court granted summary judgment in favor of appellees and held that Deibel qualified for immunity by virtue of her position, but Docken did not. … Clearly, the positions of Director of Planning and of Zoning Administrator are established by the Code of the Town of Bel Air as public offices that are appointed by the commissioner and created by law.

Brown v. Weis

234 Utah Adv. Rep. 19 · Court of Appeals of Utah · Mar 11, 1994

A clearly established right, for purposes of qualified immunity, is not simply the mere existence of a well-known constitutional right. … action is a violation) violates a clearly established right.

Potter v. City of Troy

78 Ohio App. 3d 372 · Ohio Court of Appeals · Feb 25, 1992

The immunity granted by R.C. 2744.03(A)(6) is qualified. … We conclude that members of city council, Campbell, Jenkins, Haddad, Deeter, and Kelsey are provided with qualified immunity pursuant to R.C. 2744.03.

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).

Tolis v. BD. OF SUP'RS OF LA. STATE UNIV. & AGR. & MECHANICAL COLLEGE

655 So. 2d 747 · Louisiana Court of Appeal · May 16, 1995

Further, a judgment based on qualified immunity is on the merits. … However, the record does not establish that the dismissal of all claims against all defendants was based on qualified immunity. Counsel suggested during oral argument that the summary judgment was based on prescription.

Lake Point Tower Garage Ass'n v. Property Tax Appeal Board

346 Ill. App. 3d 389 · Appellate Court of Illinois · Feb 11, 2004

The defendant municipality argued that section 3 — 106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) applied: “Neither a local public entity nor a public employee is liable for … Springfield argued that the school was immune from the suit based on section 3 — 106.

Kuhnen v. Musolf

143 Wis. 2d 134 · Court of Appeals of Wisconsin · Jan 14, 1988

Carter [ 252 U.S. 37, 56-57 (1920)] established and Travis v. … The analytical framework for review under the privileges and immunities clause includes a weighing of the tendency of the statute to erode the "norm of comity” established by the clause. Austin, 420 U.S. at 660 .

Blackwell v. City of St. Louis

778 S.W.2d 711 · Missouri Court of Appeals · Aug 15, 1989

Whether an official is immune “generally turns on the ‘objective legal reasonableness’ of the action ... assessed in light of the legal rules that were ‘clearly established’ at the time it was taken”. Id. … “Clearly established” means the right the official is alleged to have violated “must have been ‘clearly established’ in a ... particularized, ... sense: The contours of the right must be sufficiently clear that a reasonable

Corvetti v. Town of Lake Pleasant

146 A.D.3d 1118 · Appellate Division of the Supreme Court of the State of New York · Jan 12, 2017

immunity. … As the Court explained, "[w]hether an action receives only qualified immunity, shielding the government except when there is bad faith or the action taken is without a reasonable basis or absolute immunity, where reasonableness

Faust v. Com., Dept. of Revenue

140 Pa. Commw. 389 · Commonwealth Court of Pennsylvania · Jun 7, 1991

However, it is well established that sovereign immunity is the law in Pennsylvania and is grounded in Article 1, § 11 of the Pennsylvania Constitution. E-Z Parks, 110 Pa.Commonwealth Ct. at 635-636, 532 A.2d at 1276 . … Clearly, the defendant-appellees enjoy the immunity provided by 1 Pa.C.S. § 2310. Further, intentional tort claims and civil rights actions are not within the narrow exceptions set forth in 42 Pa.C.S. § 8522(b).

Miller v. West Valley City

836 Utah Adv. Rep. 11 · Court of Appeals of Utah · Apr 13, 2017

This is sufficient to show that Miller did not qualify for the “defect or dangerous condition” exception to immunity. See infra ¶¶ 14–22. … WVC also argued that even if Miller could establish “that a young girl in a swimming pool can constitute a dangerous or defective condition of a public building,” WVC would still be immune because immunity is not waived if

Payton v. Wayne County

137 Mich. App. 361 · Michigan Court of Appeals · Jul 11, 1984

, and thus entitled *368 to only the protection of the lesser qualified, good faith immunity. … Since the statements in question were clearly uttered while the defendants were performing prosecutorial functions and duties, their acts were quasi-judicial in nature and thus absolutely immune from liability. Reversed.

Brenda Thormodson v. Kathryn Rae Zehnder

Court of Appeals of Minnesota · Dec 15, 2025

She argued that the undisputed evidence establishes that she acted in good faith when she made the report and “is immune by operation of statute.” … See J.E.B., 785 N.W.2d at 746 (providing that the party asserting immunity bears the burden of “establish[ing] all of the requisite facts” entitling the party to immunity).

Wilson v. Rose Metals Industries, Inc.

182 N.E.3d 542 · Ohio Court of Appeals · Dec 23, 2021

The language in Daniels is clearly applicable to this case and establishes that Wilson was a Rose Metal employee for purposes of workers’ compensation. … In order to qualify for immunity under R.C. 4123.74, a customer of a staffing agency may pay the workers’ compensation premiums either directly or indirectly. Foran v.

Easton v. Sutter Coast Hospital

95 Cal. Rptr. 2d 316 · California Court of Appeal · Apr 28, 2000

Based upon the purpose of the immunity provision and upon the Legislature’s drafting of section 15634, we conclude that the privilege created by the section is absolute rather than qualified. … Clearly the purpose of the statutory scheme of which section 15630 is a part and the precise language of the 1998 version of the section, would not be advanced by denying immunity to either Moreau or Kossuth.

Murillo v. Garza

904 S.W.2d 688 · Texas Court of Appeals, 4th District (San Antonio) · Aug 16, 1995

The court fashioned a new test, which was derived from the federal test for qualified immunity in § 1983 cases. … Good Faith Murillo is a highly qualified traffic engineer.

Boyd v. Robeson County

615 S.E.2d 296 · Court of Appeals of North Carolina · Mar 15, 2005

Qualified Immunity The detention officers next argue that summary judgment should have been granted on the § 1983 claims based on qualified immunity. 4 The United States Supreme Court has held that "[t]he threshold inquiry … a court must undertake in a qualified immunity analysis is whether plaintiff's allegations, if true, establish a constitutional violation."

Hampton v. Tennessee Board of Law Examiners

770 S.W.2d 755 · Court of Appeals of Tennessee · Nov 22, 1988

Our system of justice depends, in substantial measure, upon the service of competent and qualified attorneys. … Therefore, under the holding of Swallows , clearly plaintiffs do not state a cause of action for outrageous conduct.