Case law

State Ex Rel. Johnny Appleseed Metropolitan Park District v. City of Delphos

141 Ohio App. 3d 255 · Ohio Court of Appeals · Jan 19, 2001

In granting summary judgment, the trial court held that R.C. 2744.03(A)(5) creates a qualified immunity to injunctive relief, and that the park district had presented insufficient evidence to abrogate that immunity. … While it is clearly within the trial court’s power to issue the injunction requested, cf. Seven Hills v. Cleveland (1980), 1 Ohio App.3d 84, 91 , 1 OBR 386, 393-394, 439 N.E.2d 895, 902-903 ; Warder v.

People v. O'Grady

147 Misc. 2d 118 · Appellate Terms of the Supreme Court of New York · Jul 18, 1990

The record establishes that the defendants scaled a fence containing signs warning against trespass and entered a naval facility under construction on Staten Island. … A military facility, such as the one involved *120 here, clearly does not qualify as such a location (see, Greer v Spock, supra).

Reed v. City of Evansville

956 N.E.2d 684 · Indiana Court of Appeals · Aug 29, 2011

Our supreme court has provided a helpful list of scenarios that illustrate when a political subdivision cannot claim immunity: [GJovemmental immunity is not clearly conferred to shield a government-employed lifeguard, otherwise … Likewise, when a governmental entity is otherwise liable as a joint tortfeasor, no governmental immunity is clearly extended on grounds that the other joint tortfeasor engaged in ‘the performance of a discretionary function

Tobin v. Goggins

17 Mass. App. Ct. 996 · Massachusetts Appeals Court · Feb 6, 1984

Rhodes, 416 U.S. 232 [1974], holding that in claims under § 1983 executive officer of State and various officers of State national guard have qualified immunity for good *997 faith conduct, and Wood v. … Strickland, 420 U.S. 308 [1975], holding that in § 1983 cause of action State school board officials had common law, qualified immunity for good faith, nonmalicious action), the plaintiff would have to overcome the qualified

DaVee v. Mathis

812 S.W.2d 816 · Missouri Court of Appeals · Jun 11, 1991

The trial court found that defendants Allenbrand, Werkowitch, Wick-ete, Hayden, Willnauer and Marshall, all members of the Johnson County, Kansas Sheriff’s Department, were entitled to qualified immunity from liability on … The United States Supreme Court has previously determined that police officers are provided a qualified immunity from liability when applying for a search warrant. Malley v.

Maas v. Municipal Court for the Southern Judicial District of San Mateo County

175 Cal. App. 3d 601 · California Court of Appeal · Dec 13, 1985

He has not established any abuse of discretion. *606 IV The principal issue raised by appellant is whether witness Livingston waived her attorney-client privilege when she entered into the written immunity agreement. … While a written immunity agreement might include an unambiguous waiver of the attorney-client privilege ampng its terms, clearly the agreement at issue in this case did not.

Simon v. Heald

359 A.2d 666 · Superior Court of Delaware · Jun 4, 1976

Immunity will not lie where there is wanton, reckless or malicious intent involved. Nor is there immunity granted where the officer is clearly outside the scope of his duties. … There is here, however, no allegation based on these aspects of the qualified governmental immunity doctrine. 2 .

Wright v. City of Buffalo

137 A.D.3d 1739 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

immunity, it must be established that it was objectively reasonable for the police officer [s] involved to believe that [their] conduct was appropriate under the circumstances, or that officers of reasonable competence could … immunity.

Endress v. Brookdale Community College

144 N.J. Super. 109 · New Jersey Superior Court Appellate Division · Aug 27, 1976

This is so because of their right to interpose a qualified immunity from damages. … The record establishes that the trustees were clearly aware of the editorial and the resulting furor.

Reinhold v. Univ. Hts.

2014 Ohio 1837 · Ohio Court of Appeals · May 1, 2014

Cleveland, 99 Ohio St.3d 215, 2003-Ohio-3319, 790 N.E.2d 781, ¶ 9. {¶13} It is undisputed that the City qualifies as a “political subdivision” under R.C. 2744.01(F). … Therefore, R.C. 2744.02(B)(2) clearly removes the shield of immunity from the City. {¶17} Immunity is re-established if one of the defenses or immunities listed in R.C. 2744.03 is applicable.

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

Ron Myers v. City of Cedar Falls

Court of Appeals of Iowa · May 24, 2023

immunity. … The resolution of that factual dispute by trial will determine whether the city is entitled to qualified immunity. We remand for further proceedings. REVERSED AND REMANDED.

Monica Drasovean v. Steven Walts

Court of Appeals of Virginia · Jul 15, 2025

Keller, Qualified and Absolute Immunity at Common Law, 73 Stan. L. … Qualified immunity, like absolute immunity, is “an immunity from suit rather than a mere defense to liability.” Id. (quoting Pearson v. Callahan, 555 U.S. 223, 237 (2009)).

Mitchell v. Villien

2008 La.App. 4 Cir. 1470 · Louisiana Court of Appeal · Aug 26, 2009

The qualified immunity protection applies whether the speaker is a private individual such as Dr. Villien, or the media. … Mitchell must meet to establish the abuse of privilege was clearly expressed in Kennedy .

Patton v. Worthington Associates, Inc.

2012 Pa. Super. 74 · Superior Court of Pennsylvania · Mar 27, 2012

The Peck decision states that "we endorse the principle that, for purposes of Section 203 statutory employer immunity, statutory employer status should be found only where all five elements of the McDonald test are clearly … Peck, 814 A.2d at 189 (a general contractor who meets the McDonald test qualifies as the statutory employer and is immune from suit by the subcontractor's employee).

Gregorio v. City of New York

246 A.D.2d 275 · Appellate Division of the Supreme Court of the State of New York · Aug 20, 1998

The City also raised the defense of qualified governmental immunity. … Thus, in this respect, we find the City is not entitled to the defense of qualified immunity.

Philip Gregory Byrd, Lucy Leasing Co., LLC, and PGB Air, Inc. v. Vick, Carney & Smith LLP, Cantey Hanger LLP, and Nancy Ann Simenstad

409 S.W.3d 772 · Texas Court of Appeals, 2nd District (Fort Worth) · Aug 1, 2013

Tex. 1998)). 6 placing the burden of production to establish the exception to the attorney’s immunity on the beneficiaries. … Some courts have held that the attorney must both establish its immunity as a matter of law and disprove the applicability of a pleaded exception to the immunity such as fraud as a matter of law.

Creative Planning v. Greco

Court of Appeals of Kansas · May 15, 2026

Defendants assert that "'[u]nless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.'" … When a qualified immunity defense is asserted, "discovery may be necessary before a motion for summary judgment on qualified immunity grounds can be resolved.

Wiley v. Kern High School District

California Court of Appeal · Dec 23, 2024

Finally, government employees are subject to qualified immunity under section 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at … Finally, Wiley’s claim fails because Whiting (and any other officer still implicated) is entitled to qualified immunity.

Christensen v. State

219 Ga. App. 10 · Court of Appeals of Georgia · Nov 3, 1995

As we stated in Roberts , “[l]ike prison officials or probation officers, [hospital employees] clearly enjoy a qualified immunity” from liability to the public for claims arising from the performance of official governmental … It was well established that “where an officer is invested with discretion and is empowered to exercise his judgment in matters brought before him, he is sometimes called a quasi-judicial officer, and when so acting he is