Case law

Debo Puryear v. Carolyn Cockfield as Next Friend and Parent of Zutella Holmes, a Minor

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 1998

Puryear asserts she conclusively established she was entitled to qualified immunity. … Puryear asserts she conclusively established she was entitled to qualified immunity.

John L. Renne v. the Board of Supervisors for the University of Louisiana System, University of New Orleans, Peter Fos and John Nicklow

Louisiana Court of Appeal · May 13, 2024

The trial court addressed the issue as follows: Finally, with respect to the claims of qualified immunity of the University of New Orleans officials of Fos and Hanson [sic], the qualified … immunity under the statute, Louisiana Revised Statute Title 9:2798.1 talks about the qualified immunity that’s alleged by these particular defendants.

Marnon v. City of Dothan

677 So. 2d 755 · Court of Civil Appeals of Alabama · Oct 13, 1995

On December 16, 1994, the City and the Commissioners filed an answer, asserting the affirmative defenses of payment; Marnon's employee-at-will status; laches; waiver; good faith immunity; qualified immunity; absolute immunity … Thus, as a general rule, city officials are immune from suit unless they violate clearly established law." Ex parte City of Birmingham , 624 So.2d 1018 , 1021 (Ala. 1993).

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.

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.

Morales's Case

69 Mass. App. Ct. 424 · Massachusetts Appeals Court · Jun 25, 2007

The fund, established pursuant to G. … General Laws c. 152, § 37, provides that an insurer may obtain partial compensation from the fund for payments made to qualifying employees.

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.

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.

Geick v. Zigler

978 S.W.2d 261 · Texas Court of Appeals, 14th District (Houston) · Aug 27, 1998

In a single point of error, appellants argue the trial court erred in denying their motion for summary judgment based on qualified immunity. … Good Faith For the appellants to have established good faith, they must have shown “reasonably prudent officer[s], under the same or similar circumstances, could have believed” their conduct was lawful in light of clearly

Gensburg v. Miller

31 Cal. App. 4th 512 · California Court of Appeal · Dec 12, 1994

Thus, the conduct was entitled to only qualified immunity. … egregious or intentional the conduct, qualified immunity shields only that conduct of a governmental official which he or she reasonably believed to be lawful in light of the clearly established law and facts of the case

SUSAN GALLAGHER v. SOUTH SHORE HOSPITAL, INC., & others.

101 Mass. App. Ct. 807 · Massachusetts Appeals Court · Oct 6, 2022

was 'clearly established' at the time of [the] defendant's alleged misconduct.'" … We conclude that the law of entry into the home based on exigent circumstances was clearly established for purposes of qualified immunity and that genuine issues of material fact exist regarding the alleged violation of the

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.

Harris County v. Ochoa

881 S.W.2d 884 · Court of Appeals of Texas · Jul 28, 1994

Specifically, appellants argue that Deputies Glazier and Natho were entitled to qualified or official immunity from suit. … Conversely, if the employee is protected from liability under the doctrine of qualified immunity, then the governmental entity’s sovereign immunity remains intact.

Scholz v. Scholz

177 N.J. Super. 647 · New Jersey Superior Court Appellate Division · Dec 2, 1980

Tevis is clearly applicable to the allegation of assault and battery alleged and the court will grant plaintiff's motion. … Although Tevis recognized the abrogation of the doctrine of interspousal immunity, it made mention of exceptions to which the immunity may still apply.

Doe v. Board of Education

799 S.W.2d 246 · Court of Appeals of Tennessee · Jul 17, 1990

Although much of Raby’s testimony concerned balancing the need to prevent access by intruders with the needs for exits from the building in the event of a emergency such a fire, his testimony establishes that all decisions … School administrators are the only persons aware of the particular needs of the school, as evidenced by past incidents, and are therefore in the unique position of being the only persons qualified to make informed decisions

Gallegos v. Escalon

993 S.W.2d 422 · Texas Court of Appeals, 13th District · May 6, 1999

In determining whether the school board proceeding at which Gallegos made his statement qualifies as quasi-judicial, we consider which powers outlined in Jacobs the school board exercised. … Second, in exercising its authority to govern, the school board clearly possess the power to “hear evidence and ascertain facts,” that is, to investigate, in order to guide its actions.

Jackson v. Stinnett

881 S.W.2d 498 · Texas Court of Appeals, 8th District (El Paso) · Jul 14, 1994

Stinnett asserted sovereign immunity, qualified immunity, quasi-judicial immunity, and urged that suit against a state officer was not authorized under the Medical Liability and Insurance Act, Tex.Rev.Civ.StatAnn. art. 4590i … To establish their entitlement to the protection of official immunity, government employees, such as Dr.

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.

Rebecca Schoffstall v. City of Corpus Christi

Texas Court of Appeals, 13th District · Aug 25, 2014

Appellant also argues that the City offered no evidence to establish that its Demolition and Rehabilitation Loan Program was part of the City’s community development program, and therefore failed to establish that the program … We conclude that the description of the City’s program qualified as a community development activity for purposes of determining immunity from suit. See id.

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.