Case law

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.

CRYSTAL GAIL GARREN v. JOANN BRYANT

Court of Appeals of Georgia · Nov 3, 2025

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … that clearly requires the execution of a 18 specific action.

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 .

Judith Moore-Pennoyer v. State of Tennessee

Court of Appeals of Tennessee · Mar 21, 2016

The defendant filed a motion to dismiss, alleging that he was entitled to immunity based upon his position as a state officer. … Once elected and qualified, a circuit court judge serves an eight-year term. Tenn. Const. art. VI, § 4.

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)).

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).

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.

Farria v. BONNE TERREBONNE OF HOUMA, INC.

476 So. 2d 474 · Louisiana Court of Appeal · Oct 8, 1985

An employer's immunity is based on the defense of qualified privilege, which requires that the communication be made in good faith regarding a subject in which the person communicating has an interest or in reference to which … Plaintiff clearly has a right of action, since she is the person allegedly defamed.

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

Kalmas v. Wagner

82 Wash. App. 105 · Court of Appeals of Washington · May 3, 1996

Rather, mental state affects qualified immunity and the availability of damages as a remedy. … App. 784, 788 , 892 P.2d 745 (1995) ("qualified immunity may be established as a matter of law on a motion for summary judgment or for a directed verdict. . . .

In Re Frank Jackson v. the State of Texas

Texas Court of Appeals, 15th District · Jan 5, 2026

The trial court did not clearly abuse its discretion when it denied Jackson’ Rule 91a motion to dismiss because he did not conclusively establish his attorney-immunity affirmative defense. … reached only one conclusion.”59 ARGUMENT Jackson’s Rule 91a motion did not conclusively establish his attorney-immunity affirmative defense.60 So the trial court did not clearly abuse

Quidachay v. Kansas Dept. of Corrections

Court of Appeals of Kansas · Mar 13, 2015

Moreover, the district court declined to grant Heimgartner and Bratton qualified immunity. … discrimination, which includes the right to have reasonable accommodation, is clearly established."

Texas Southern University v. Carter

84 S.W.3d 787 · Texas Court of Appeals, 1st District (Houston) · Aug 22, 2002

The supreme court held that the statutory prerequisite of establishing “equal treaty rights” was not a jurisdictional requirement. Id. at 76 . … Clearly, the “alleged violation” in this case was Carter’s termination on August 31, 1998, which he became aware of by letter dated July 31, 1998.

Zani v. State

657 S.W.2d 196 · Court of Appeals of Texas · Aug 31, 1983

You qualified that as a party. In other words, if the only thing we could prove is that she was a party to it, not a perpetrator, then I would think immunity— [Questions By Mr. … sufficient to produce the result and the conduct of the actor clearly insufficient.

Klebe v. Tri-Municipal Sewer Commission

160 A.D.2d 677 · Appellate Division of the Supreme Court of the State of New York · Apr 2, 1990

The question "[w]hether an action receives only qualified immunity, shielding the government except when there is bad faith or the action taken is without a reasonable basis * * * or absolute immunity, where reasonableness … Accordingly, we find that the Sewer Commission may invoke only a qualified immunity from liability.

Lavery v. Department of Financial & Professional Regulation

2023 IL App (1st) 220900 · Appellate Court of Illinois · Aug 25, 2023

Lavery qualified as a therapist under the Act. He concluded, however, that Mr. Lavery had failed to meet his burden of establishing that the withheld documents fell within the statutory privilege. … Unlike in Taylor, a recognized exception to sovereign immunity—the prospective injunctive relief exception—clearly applies here.