Case law

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.

Hinkal, M. v. Pardoe, G.

Superior Court of Pennsylvania · Jan 22, 2016

J-E03010-15 to be qualified to follow a doctor’s orders are in fact so qualified, and accept responsibility for their actions.” … the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the party seeking immunity from liability; and 4) the burden of establishing the immunity is

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.

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.

Smith v. Wait

46 Ohio App. 2d 281 · Ohio Court of Appeals · Dec 29, 1975

The state has waived its immunity from liability and consented to be sued in the newly-established Court of Claims by recently enacted R. … C. 1707.09 does not in and of itself establish new civil liability upon anyone in view of R.

Eshleman v. Key

326 Ga. App. 883 · Court of Appeals of Georgia · Mar 28, 2014

[C]ounty law enforcement officers such as [Eshleman] are entitled to official or qualified immunity for the negligent performance of discretionary acts within the scope of their authority, but they may be personally liable … Lang, 274 Ga. 122, 124 ( 549 SE2d 341 ) (2001) (issue of immunity, also known as qualified immunity; should be addressed asa threshold issue, as “qualified immunity is an entitlement not to stand trial rather than a mere

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.”

Johnson ex rel. Estate of Johnson v. Cooke

15 Mass. L. Rptr. 717 · Massachusetts Superior Court · Jan 22, 2003

immunity. … The critical factor in determining whether the physician is an employee for the purposes of qualified immunity, is “whether a person is subject to the direction and control of a public employer.” Smith v.

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

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.

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.”).

Hayes v. City of Amsterdam

2 A.D.3d 1139 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2003

Defendant maintains that it was entitled to summary judgment due to the fact that, inter alia, it is shielded from liability because the acts of its officers were privileged under the qualified immunity doctrine. 2 “In order … to establish this defense, defendant[ ] [was] obligated to submit proof establishing that it was objectively reasonable for [the officers] to believe that [their] conduct was appropriate under the circumstances, or that

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.

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.

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

Alanis v. University of Texas Health Science Center

843 S.W.2d 779 · Texas Court of Appeals, 1st District (Houston) · Dec 23, 1992

They further asserted the defense of qualified immunity because no defendant violated clearly established law of which a reasonable official would have known. Mr. … Qualified Immunity Notwithstanding our finding above, the defendants would also have available to them the doctrine of qualified immunity.

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

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

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.

Eldred L. Reid v. Jerry Stover and Charles Noles

Court of Appeals of Tennessee · Sep 9, 1996

Finally, defendants asserted that they were entitled to qualified immunity because they had no reason to know that their actions violated some clearly established right of plaintiff. … As an additional basis for affirming the trial court’s grant of summary judgment, we hold that the defendants were entitled to qualified immunity.