Case law

Turner v. State

270 Or. App. 353 · Court of Appeals of Oregon · Apr 15, 2015

This statement identifies three criteria that a government function or duty must meet in order to qualify for discretionary immunity. … City of Lake Oswego, 335 Or 19, 31 , 56 P3d 396 (2002) (“The burden is on the governmental defendant to establish its immunity.”).

Riddell v. City of New York

2022 NY Slip Op 05878 · Appellate Division of the Supreme Court of the State of New York · Oct 19, 2022

immunity. … Here, to the extent that the plaintiffs alleged negligence with respect to the planning and design of the exit ramp, the defendants met their burden of establishing, prima facie, that they were entitled to qualified immunity

McKee v. McCann

102 N.E.3d 38 · Ohio Court of Appeals · Jun 1, 2017

We previously stated that Shamblin had qualified immunity on the false arrest claim, and that qualified immunity extends to a defamation claim premised on the same conduct. … any defense or immunity available at common law or established by the Revised Code.”

Ronald Everson v. Dekalb County School District

811 S.E.2d 9 · Court of Appeals of Georgia · Jan 31, 2018

“We review de novo a trial court’s grant of a motion to dismiss on sovereign immunity grounds, bearing in mind that the party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish … Qualified Immunity of Lewis. Government officials sued in their individual capacity are offered limited protection from suits.

State v. Cheatham

237 Ariz. 502 · Court of Appeals of Arizona · Jul 23, 2015

Instead, where applicable, the AMMA provides immunity for possession or use of marijuana consistent with “the immunity provision” of the AMMA. See Reedr-Kaliher v. … Indeed, Cheatham conceded through counsel that he was not a registered qualifying patient under the AMMA. This record does not show that Cheatham attempted to claim, or could have claimed, any immunity under the AMMA.

Pierce v. City of Lansing

694 N.W.2d 65 · Michigan Court of Appeals · Mar 29, 2005

immunity, M.C.L. § 691.1406. … Defendant first argues that the trial court erred in finding that the parking structure where plaintiff was injured qualifies as a public building. Governmental immunity is a question of law that is reviewed de novo.

Leyva v. Soltero

966 S.W.2d 765 · Texas Court of Appeals, 8th District (El Paso) · Mar 26, 1998

which relies upon its employees’ claim of official immunity. 3 Here, both Officer Leyva and his employer, the City of Clint, moved for summary judgment claiming official “qualified” immunity and sovereign immunity. … City established the other elements of official immunity.

Howes v. Chesley

20 Mass. L. Rptr. 350 · Massachusetts Superior Court · Dec 21, 2005

In determining whether a party is entitled to qualified immunity, the court must consider three questions: (1) whether a. constitutional right was violated; (2) if so, whether the constitutional right in question clearly … Defendants’ qualified immunity argument is based principally on the latter two questions. 2 The defendants argue that Howes’ constitutional right to be free from a strip search in the circumstances of this case was not clearly

National Engineering & Contracting Co. v. C & P Engineering & Manufacturing Co.

676 N.E.2d 372 · Indiana Court of Appeals · Feb 12, 1997

Other cases said that these materials were work product but that the difficulty of duplicating them was a sufficient showing to overcome the qualified immunity. … DO THE PHOTOGRAPHS CONSTITUTE MENTAL IMPRESSIONS ENTITLED TO ABSOLUTE IMMUNITY?

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

Lamar University v. Doe

971 S.W.2d 191 · Texas Court of Appeals, 9th District (Beaumont) · Jul 9, 1998

The city employee who shot the pit bulls, though named as a party, did not file a motion for summary judgment and never asserted the affirmative defense of qualified immunity. … We can but conclude that at the time the trial court denied Lamar University’s motion for summary judgment, Lamar University not having asserted the qualified immunity of its employees, was excluded from those exceptions

Valades v. Uslu

301 Ga. App. 885 · Court of Appeals of Georgia · Dec 3, 2009

Uslu contends, however, that he is entitled to qualified immunity on the Valadeses’ malicious prosecution claim. We agree. … Morrison 17 is strikingly similar to the case at bar and instructive on the element of malice in the context of qualified immunity.

Elmer Rivera, Kassandra Morales Rodriguez and Isreal Morales v. City of Houston and Veronica Romero

Texas Court of Appeals, 1st District (Houston) · Dec 22, 2020

Good faith If the officer’s driving qualifies as the performance of a discretionary act, the officer still must act in good faith to qualify for official immunity. See Clark, 38 S.W.3d at 580. … Whether the City established immunity as matter of law based on the emergency exception to immunity waiver The City contends that, even if the trial court erred in granting it summary judgment on official immunity

Lana Reed v. Appoquinimink School District

Superior Court of Delaware · Aug 21, 2025

Standard of Review on a Motion to Dismiss The standard by which this Court reviews a motion to dismiss filed pursuant to Superior Court Civil Rule 12(b)(6) is well-established. … The Court is mindful that “questions of qualified immunity must be resolved at the earliest possible stage of litigation.” 7 As such, the Court will impose a 90-day deadline for this discovery.

Summit at Pomona, Ltd. v. Village of Pomona

72 A.D.3d 797 · Appellate Division of the Supreme Court of the State of New York · Apr 13, 2010

Klingher, and Norman Becker are entitled to qualified immunity on the federal law claims, and governmental immunity for discretionary acts on the state law claims. … While we reject the defendants’ contention that they established that the remaining individual defendants were entitled to qualified immunity on the federal law claims (see Warren v Keane, 196 F3d 330, 332 [1999]), we agree

Gray v. Central Bank & Trust Co.

562 S.W.2d 656 · Court of Appeals of Kentucky · Feb 17, 1978

Clearly, Kincaid was also acting in his capacity as president and director of the Central Bank. … In the present case, the record establishes that there can be no special damages. Gray Construction Company’s bid had expired by its own terms.

People v. Lyon

82 A.D.2d 516 · Appellate Division of the Supreme Court of the State of New York · Aug 31, 1981

Clearly, the State can qualify as an “owner” of property, as subdivision 7 of section 10.00 of the Penal Law includes the “government” within its definition of “person”. … The record therefore clearly indicates that the individual defendant willingly signed the waiver of immunity in the presence of the Grand Jury, with the assistance of counsel, and only after being fully apprised of his rights

Masters v. Murphy

2020 IL App (1st) 190908 · Appellate Court of Illinois · Nov 17, 2020

Therein, Murphy argued that the complaint should be dismissed pursuant to section 2-619 (735 ILCS 5/2-619 (West 2016)) because she had either absolute or qualified immunity under sections 2-204 and 2-210 of the … Murphy was clearly within the time and space confines of her position as a correctional officer.

Natalie Ausbie Reynolds v. State

507 S.W.3d 805 · Texas Court of Appeals, 6th District (Texarkana) · Nov 30, 2016

“Qualified immunity shields government officials from civil damages unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” See Reichle v. … Reynolds contends that, even if A.K.’s rights and the scope of Reynolds’ permissible conduct were clearly established, qualified immunity protects her if it was objectively reasonable for her to believe that her actions were

Delbridge v. Off. of Pub. Def.

238 N.J. Super. 288 · New Jersey Superior Court Appellate Division · Jan 23, 1989

Public defenders enjoy only qualified immunity. Polk Cty. v. Dodson, supra, 454 U.S. at 325 , 102 S.Ct. at 453 , 70 L.Ed.2d 521 . … This court finds that there is qualified immunity except for conspiracy or intentional misconduct or legal malpractice.