Case law

Kerkeles v. City of San Jose

199 Cal. App. 4th 1001 · California Court of Appeal · Oct 4, 2011

“If no constitutional right would have been violated were the allegations established, there is no necessity for further inquiries concerning qualified immunity. … Summary judgment was therefore not available to the defendant officers on the ground of qualified immunity; the officers’ alleged conduct violated Ricciuti’s “clearly established constitutional rights, and no reasonably competent

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

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.

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.

Walker v. Wake Cty. Sheriff's Dep't

Court of Appeals of North Carolina · Aug 2, 2022

¶ 14 Sheriff Defendants have failed to establish that, based solely on the pleadings and as a matter of law, qualified privilege precludes liability for Curry’s email to Crump. … “[A] defendant seeking to establish public official immunity must demonstrate that all three of [these] factors are present.” McCullers v. Lewis, 265 N.C.

Monique Rodriguez-Flores and Jaymes Anthony Flores v. City of Des Moines

Court of Appeals of Iowa · Apr 9, 2025

, the City had complied with either timeframe and was entitled to immunity. … And section 668.10(1)(b) does not set any requirement that the City’s policy must meet any particular standard for snow removal or include a completion timeframe to qualify for the immunity.

Texas Department of Public Safety v. Merardo Bonilla

481 S.W.3d 646 · Texas Court of Appeals, 8th District (El Paso) · May 30, 2014

Whether a witness is qualified to offer expert testimony is a matter committed to the trial court’s discretion. Broders v. Heise, 924 S.W.2d 148 (Tex. 1996). … Bonilla’s pleadings are sufficient to establish jurisdiction.

Biggins v. FANTASMA PRODS., INC. OF FLORIDA

943 So. 2d 952 · District Court of Appeal of Florida · Dec 6, 2006

Furthermore, all of the parties to this arrangement were clearly aware of the interrelated (if not interdependent) work they were to perform at the concert, inasmuch as they had done so together many times in the past. … When another subcontractor on the site needs labor, the subcontractor speaks with the crew chief who then designates qualified employees for the task.

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).

Courtney v. University of Texas System

806 S.W.2d 277 · Court of Appeals of Texas · May 21, 1991

Clearly, one purpose of Courtney’s suit is to establish the validity of his contract for future employment, and to enforce through Dr. … Such an official is not immune from liability if his conduct clearly violates an established statutory or constitutional right of which a reasonable person would have known. [Citations omitted.]” Adams v.

Qualified Patients Assn. v. City of Anaheim

187 Cal. App. 4th 734 · California Court of Appeal · Aug 18, 2010

immunity under [the CUA]. … Second, while it is true that legislation may not immunize a business from Unruh Civil Rights Act claims for discrimination that occurs in that establishment (see Gibson , at p. 1093, relying on Orloff v.

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."

Hallmark v. City of Fredericksburg

94 S.W.3d 703 · Texas Court of Appeals, 4th District (San Antonio) · Nov 21, 2002

Durst, and Officer Castaneda in their individual capacities, we must decide whether the officers are entitled to qualified immunity. … In determining whether qualified immunity applies in the context of excessive force, we look to whether the plaintiff has suffered (1) an injury (2) which resulted directly and only from the use of force that was clearly

Callahan v. Circuit City Stores, Inc.

971 So. 2d 1116 · Louisiana Court of Appeal · Oct 10, 2007

Plaintiffs sought damages for defamation, false arrest, false imprisonment, and malicious prosecution. [2] Circuit City answered the petition asserting several affirmative defenses, including qualified immunity for those … APPLICABLE LEGAL PRECEPTS Liability and Qualified Immunity As stated above, all of Callahan and Cousan's claims for damages are based on *1119 the misidentification of them as perpetrators of a shoplifting at the Circuit

Sereff v. Waldman

2000 Colo. J. C.A.R. 6536 · Colorado Court of Appeals · Dec 7, 2000

DGH indirectly benefited from outside placement because, in theory, it obtained the services of residents who were better qualified and trained. … As we noted in the previous seetion, this would lead to a result that clearly was not intended by the General Assembly. Although under the holdings of Moon v. Mercy Hospital, supra, and Rodrique: v.

Kirchner v. County of Niagara

107 A.D.3d 1620 · Appellate Division of the Supreme Court of the State of New York · Jun 28, 2013

Prosecutors are afforded only qualified immunity when acting in an investigative capacity (see id. at 275 ; Johnson, 308 AD2d at 285 ; Claude H. v County of Oneida, 214 AD2d 964, 965 [1995]). … We also reject the contention of the County of Niagara and Caldwell that they were entitled to qualified immunity.

Miller v. Leesburg

87 Ohio App. 3d 171 · Ohio Court of Appeals · Apr 13, 1993

This absolute immunity is subject only to the exceptions listed in R.C. 2744.02(B). As appellants correctly pointed out, R.C. 2744.02(B) incorporates R.C. 2744.03 and, thus, gives appellees qualified immunity. … It is also noted, however, that, in order to succeed under Section 1983, Title 42, U.S.Code, appellants must additionally show that a clearly established right was violated. Anderson v.

Mark Goloby and Richard Vega v. Lesley Briones, Adrian Garcia, Lina Hidalgo, Rodney Ellis, and Tom Ramsey, All in Their Official Capacities as Members of the Harris County Commissioners' Court

Texas Court of Appeals, 1st District (Houston) · Apr 16, 2026

immunity.” … Typically, that means a plaintiff suing a governmental entity or official-capacity defendant bears the burden of establishing that an immunity waiver applies or that the official-capacity defendant acted ultra vires.

Kelly v. Thackray Crane Rental, Inc.

2005 Pa. Super. 169 · Superior Court of Pennsylvania · May 5, 2005

In McDonald , the Supreme Court of Pennsylvania established the test for determining whether a party qualifies as a statutory employer under Section 203 of the Workers’ Compensation Act. … According to the McDonald Court, a party must establish the following elements to qualify as a statutory employer: (1) An employer who is under contract with an owner or one in the position of an owner. (2) Premises occupied

City of Claremont v. Kruse

177 Cal. App. 4th 1153 · California Court of Appeal · Aug 27, 2009

The MMP also “immunizes from prosecution a range of conduct ancillary to the provision of medical marijuana to qualified patients. [Citation.]” (People v. … It accords additional immunities to qualified patients, holders of valid identification cards, and primary caregivers who “collectively or cooperatively cultivate marijuana for medical purposes.” (§ 11362.775.)