Case law

State v. Okun

231 Ariz. 462 · Court of Appeals of Arizona · Jan 10, 2013

The Arizona Medical Marijuana Act. ¶ 4 The Arizona Medical Marijuana Act (“AMMA”), passed by voters in 2010, added a chapter to Title 36 that establishes conditions allowing medicinal use of marijuana. … qualifies for protection.

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.

Manifold v. Ragaglia

94 Conn. App. 103 · Connecticut Appellate Court · Feb 28, 2006

As with sovereign immunity, § 4-165 provides state officers and employees with qualified immunity. Carrubba v. Moskowitz, 274 Conn. 533 , 541 n.7, 877 A.2d 773 (2005). … “Qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which

D.F. Bailey, Inc. v. GRW Engineers, Inc.

350 S.W.3d 818 · Court of Appeals of Kentucky · Jun 24, 2011

On appeal, a panel of this Court concluded that because the airport board was established pursuant to KRS 183.132, which allows cities and counties to jointly establish such, it was a legislative body with certain legislative … Here, had Bailey filed suit against the mayor or city council members, immunity would have likely barred its claims. However, GRW engineers are clearly not members of the Liberty City Council.

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.

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.

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.

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

Holsey v. Hind

189 Ga. App. 656 · Court of Appeals of Georgia · Dec 5, 1988

As to the qualified immunity in federal suits, see also Harlow v. Fitzgerald, 457 U. S. 800, 817-818 (102 SC 2727, 73 LE2d 396) (1982). … I have found no case acknowledging the existence of a qualified or limited immunity which would apply to a prosecutor's ministerial acts.

Catberro v. Naperville School District No. 203

250 Ill. Dec. 654 · Appellate Court of Illinois · Nov 2, 2000

To qualify for the immunity provided by this section, an employee must hold a position involving either the determination of policy or the exercise of discretion. … The district responds that the teacher’s acts of choosing the rope and poles and having the students jump over the rope were clearly discretionary.

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.

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.

May v. City of Durham

136 N.C. App. 578 · Court of Appeals of North Carolina · Feb 15, 2000

defense, the plaintiff must present facts sufficient to overcome this qualified immunity. … A government official has qualified immunity in the performance of discretionary functions “to the extent that such conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable person

Chamerda v. Opie

185 Conn. App. 627 · Connecticut Appellate Court · Oct 23, 2018

and recording of the notices of lis pendens were entitled to qualified immunity. … Seaman, 308 Conn. 523, 569 n.30, 69 A.3d 880 (2013), as a rejection of the doctrine of qualified immunity.

City of Rio Vista v. Johnson County Special Utility District

Texas Court of Appeals, 15th District · Jan 28, 2025

The first question we consider in this appeal is whether the District met its burden in establishing a statutory waiver of the City’s immunity based on the 4 parties’ contract. … As a result, the notice and consent provision cannot qualify as a service sufficient to waive the City’s immunity under Chapter 271. C. UDJA.

Silberstein v. 54 Hillcrest Park Associates, LLC

135 Conn. App. 262 · Connecticut Appellate Court · May 8, 2012

The principles of governmental immunity are well established. “The general rule is that governments and their agents are immune from liability for acts conducted in performance of their official duties. … “[W]hether a particular plaintiff comes within a cognizable class of foreseeable victims for purposes of this narrowly drawn exception to qualified immunity ultimately is a question of law for the courts, in that it is in

Caraballo v. Cleveland Metro. School Dist.

2013 Ohio 4919 · Ohio Court of Appeals · Nov 7, 2013

Complaint ¶ 9, 10, 25. {¶29} R.C. 2744.03 “lists defenses for political subdivisions once an exception to sovereign immunity has already been established.” Sims, 8th Dist. … may be asserted to establish nonliability: *** (5) The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of

Dunajewski v. Bellmore-Merrick Central High School District

138 A.D.2d 557 · Appellate Division of the Supreme Court of the State of New York · Mar 21, 1988

A qualified privilege serves to negate any presumption of implied malice or ill will flowing from a defamatory statement. … Given the complete absence of any proof of malice or ill will on the part of any of the defendants, a qualified privilege attached thereby immunizing these defendants from civil liability and accordingly their motion for

Sierra v. Associated Marine Institutes, Inc.

850 So. 2d 582 · District Court of Appeal of Florida · Jun 18, 2003

Sierra's second amended complaint did not affirmatively and clearly demonstrate the conclusive applicability of this sovereign immunity defense. … Sierra's second amended complaint did not affirmatively and clearly demonstrate the conclusive applicability of the defendants' affirmative defenses based on workers' compensation immunity and sovereign immunity.