Case law

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.

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

Wagner v. Waitlevertch

2001 Pa. Super. 100 · Superior Court of Pennsylvania · Mar 30, 2001

Did the trial court err in dismissing the case before discovery could be conducted to determine the respective roles of the Defendants and whether or not either or both were entitled to qualified immunity? … Because we have concluded that Appellant failed to establish a violation of his constitutional rights, we need not address Appellant’s second issue regarding Appellees’ defenses of qualified immunity.

DeMan v. State

677 P.2d 903 · Court of Appeals of Alaska · Feb 10, 1984

It is well established that a prosecu-torial grant of immunity will not protect a witness from a prosecution for perjury if the witness testifies falsely. United States v. … We hold that the references to bribery in Counts I and II of DeMan’s indictment qualify as statements within the definition of Alaska’s perjury statutes, AS 11.56.200 and AS 11.-56.240(1).

Christopher L. Gay and Steven L. Carroll v. the City of Wichita Falls, Texas

457 S.W.3d 499 · Texas Court of Appeals, 8th District (El Paso) · Aug 13, 2014

In 2005, the Legislature enacted Section 271.152 of the Local Government Code, which unambiguously waives immunity for certain contractual claims against qualifying governmental entities. … According to the officers, these cases establish that the City does not have immunity in the first instance such that there is no immunity to be waived.

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.

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

Verdin v. LOUISIANA LAND AND EXPLOR.

693 So. 2d 162 · Louisiana Court of Appeal · Mar 12, 1997

Code § 2507, which requires the establishment of monumented corners on surveyed property. … The primary holding of Monteville is that the State is not entitled to the immunity established by the recreational use immunity statutes, because "the legislature intended to confer immunity only on owners of private lands

Savarirayan v. English

45 Ill. App. 3d 105 · Appellate Court of Illinois · Jan 20, 1977

The doctrine of absolute immunity surrounding Federal officials was reconfirmed and clearly delineated in Barr v. Matteo (1959), 360 U.S. 564 , 3 L. Ed. 2d 1434 , 79 S. Ct. 1335 . … English and Taylor were consulting urologists of many years experience and service to the hospital; they were recognized specialists in their field, and uniquely qualified to observe and evaluate the quality of Dr.

Fremont Compensation Insurance v. Superior Court

44 Cal. App. 4th 867 · California Court of Appeal · Apr 23, 1996

Section 1877.5 affords insurers a qualified, immunity to report workers’ compensation fraud to a local prosecutor or the Department of Insurance. The qualified immunity does not extend to reports made in bad faith. … The interest groups and lobbyists who fought for only a qualified immunity in section 1877.5 had no reason to concede that insurers already had more than a qualified immunity to report workers’ compensation fraud.

LaPorte Civic Auditorium v. Ames

641 N.E.2d 1045 · Indiana Court of Appeals · Oct 25, 1994

If Ames is correct, then LaPorte does not qualify for the immunity granted under I.C. 34-4-16.5-3@). Thus, we are forced to examine the meaning of the word thoroughfare as used in the statute. … Clearly the statute had to grant the Town of Chesterton immunity before it would be entitled to judgment as a matter of law. Thus, the plain meaning of "thoroughfare" as used in L.C. 34-4-16.5-3(8) includes sidewalks.

Texas State Technical College v. Ralph Cressman, Paula Schnizer, Joe Magourik, Greg Mosby and Jimmy Daws

Texas Court of Appeals, 10th District (Waco) · Aug 3, 2005

Appellants contend in their second issue that they conclusively established their entitlement to judgment on the issue of official immunity. … The Fifth Circuit vacated this dismissal order holding that “[i]f a reasonable government agent would know that the audio and video recordings were clearly illegal, there could be no qualified immunity.” Cressman v.

Chase v. Mayor of Baltimore

126 Md. App. 427 · Court of Special Appeals of Maryland · May 26, 1999

. *430 On 26 January 1998, appellees filed a motion for summary judgment on the bases that either of two Maryland statutes provided qualified immunity to Mr. … GROSS NEGLIGENCE Because the circuit court held that both the Good Samaritan Act and the Fire and Rescue Company Act granted qualified immunity to Mr.

Com. v. Nunez, O.

2020 Pa. Super. 198 · Superior Court of Pennsylvania · Aug 14, 2020

Further, “[t]he burden of proof under the [Act] is not on the Commonwealth; rather, the defendant must establish that he is entitled to immunity under the Act.” Commonwealth v. … In sum, because Appellant did not qualify for immunity under the Act, the trial court properly denied Appellant’s motion to dismiss. We therefore affirm his judgment of sentence.

Moore v. Rice-Land Lumber Co.

14 La.App. 3 Cir. 500 · Louisiana Court of Appeal · Nov 5, 2014

Christy does not deny that Defendants would qualify for immunity under the recreational use statutes. … We also find in this case that the evidence clearly establishes that *664 neither Rice-Land nor H & H used this land principally as a commercial, recreational enterprise for profit.

MISSISSIPPI DEPT. OF WILDLIFE v. Brannon

943 So. 2d 53 · Court of Appeals of Mississippi · Mar 28, 2006

His or her determination on this issue will not be reversed unless it clearly appears that the witness is not qualified. Id. … Certain circumstances and conduct are exempt from this waiver of immunity. The defendant asserts that it enjoys immunity. 14.

Freeby v. Hoodoo Ski Bowl Developers, Inc.

344 Or. App. 216 · Court of Appeals of Oregon · Oct 15, 2025

The appeal presents a single question: Does a ski area operator qualify for recre- ational use immunity despite charging a fee to use its ski lifts? … We are not bound by the Ninth Circuit’s interpretation of Washington law, and that case is not analogous to this one: an inner tube clearly would not qualify as “real property” under our defi- nition of “land.”

Kinnard v. United Regional Health Care System

194 S.W.3d 54 · Court of Appeals of Texas · May 11, 2006

Kinnard has alleged valid claims for defamation and tortious business interference against appellees, 7 the claims are barred by qualified immunity. … To support their qualified immunity defense, appellees submitted affidavits from members of United Regional’s Board of Directors, the peer review committee, and the appellate review committee.

Graylin Gant, Jay Heichelheim, Stephen Holt, Sherif Saudi, and Charles Braden v. Hon. Gregory W. Abbott, Kenny Koncaba, W. B.Boney, Trey Hill, Kelly K. Lovell, Henry S. Porretto, Wallace R. Hogan, Jr., Chris Henry, Derek Tracy, Clinton Schuessler, Wendy Morrison, David Manney, Jon Halvorsen, Christos Sotirelis, Mark Saunders, Scot E. Smith, Scott Mitchell, Matthew Bush, Chris Gutierrez, Michael Godnich, and David Dion

574 S.W.3d 625 · Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2019

A plaintiff suing the State must establish a waiver of sovereign immunity. Texas Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). … “Consequently, sovereign immunity will bar an otherwise proper DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” Id.

Singer v. City of Fairborn

73 Ohio App. 3d 809 · Ohio Court of Appeals · Jul 9, 1991

may be asserted to establish nonliability: (< * * * “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division, the employee is immune from … We conclude that members of the planning board are provided with qualified immunity pursuant to R.C. 2744.03. The elements of Ohio’s good faith immunity defense include: 1.