Case law

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

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.

Bolkiah v. Superior Court

88 Cal. Rptr. 2d 540 · California Court of Appeal · Sep 8, 1999

The Record Evidence Is Insufficient to Establish the Foreign Sovereign Immunity Act Is Applicable in This Case. … In this case the record evidence is insufficient to establish any of the petitioners qualified as a “foreign state” for purposes of service of process under the FSIA.

Board of Regents of the University System of Georgia v. Winter

331 Ga. App. 528 · Court of Appeals of Georgia · Apr 10, 2015

L. 1997, p. 1052, § 1) his emails constituted signed writings sufficient to establish a written agreement for purposes of waiving sovereign immunity is without merit. … Accordingly, the June and August documents do not constitute signed contemporaneous writings sufficient to establish a written agreement for the purpose of waiving sovereign immunity.

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.

Delacruz v. Borough of Hillsdale

365 N.J. Super. 127 · New Jersey Superior Court Appellate Division · Jan 6, 2004

It is now firmly established that in order to succeed in a § 1983 claim, plaintiff must make a prima facie showing that defendants, while acting under color of state law, deprived him of a clearly established constitutional … Successful assertion of the defense of qualified immunity requires defendants to establish that a reasonably competent police officer receiving the same information would have concluded that probable cause existed.

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.

Zimmer-Rubert v. Board of Education

179 Md. App. 589 · Court of Special Appeals of Maryland · May 5, 2008

, clearly outweighs this factor. … . § 5-518(c) clearly and unambiguously abrogates sovereign immunity for any claim, up to $100,000, against a county board of education.

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.

Santos v. Kisco Senior Living, LLC

1 Cal. App. 5th 862 · California Court of Appeal · Jul 22, 2016

The Easton court first concluded that the immunity provided in section 15634 to mandated reporters was absolute, rather than qualified. … rather than qualified.

Marthaller v. King County Hospital District No. 2

94 Wash. App. 911 · Court of Appeals of Washington · Mar 29, 1999

The Paramedics Are Statutorily Immune From Liability RCW 18.71.210 provides paramedics with qualified *916 immunity from liability for their acts or omissions in rendering emergency medical services. … The defendant claimed qualified immunity under RCW 18.130.175(7) that grants immunity to a person who, in good faith, reports information concerning substance abuse by health professionals. See Dutton, 87 Wn.

Wagner v. Alvarado Independent School District

598 S.W.2d 51 · Court of Appeals of Texas · Apr 17, 1980

Sec. 21.912, Texas Education Code, as construed in Barr does not create an absolute immunity for professional school employees. Rather it creates a “qualified” immunity. Barr v. Bernhard, cited supra, at 848. … In the instant case the acts complained of meet these three requirements and thus the qualified immunity of Sec. 21.912, as construed in Barr , does protect the Defendant-Appellants.

Donigan v. Finn

95 Mich. App. 28 · Michigan Court of Appeals · Jan 22, 1980

Defendant appeals by leave granted from a March 16, 1978, Wayne County Circuit Court order denying defendant’s motion for summary judgment on grounds of qualified immunity in this attorney malpractice case. … Defendant moved for summary judgment, arguing that appointed counsel for indigent defendants enjoy a qualified immunity from suits for malpractice in their conduct of the defense.

Dawkins v. City of Villa Rica

246 Ga. App. 795 · Court of Appeals of Georgia · Nov 14, 2000

Holding that the police officers are entitled to qualified immunity and that no viable claim exists against the city, we affirm. … immunity from personal liability to government officials performing discretionary functions as long as the officials’ conduct “does not violate clearly established statutory or constitutional rights of which a reasonable

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.

Paternoster v. NJ Transp. Dept.

190 N.J. Super. 11 · New Jersey Superior Court Appellate Division · Jun 20, 1983

Super. 67, 73 (App.Div. 1978), certif. den. 77 N.J. 480 (1978), that the Tort Claims Act had not abolished "the immunity established in the area of discretionary activities typified by Miehl v. … Subsection d is clearly brought into play and there is no "broad blanket immunity" for the public entities' snow removal activities. Brown v. Brown, supra, 86 N.J. at 578 .

City of Dallas v. Patrick

347 S.W.3d 452 · Texas Court of Appeals, 5th District (Dallas) · Aug 15, 2011

Both the photographs and Patrick’s deposition testimony establish that no obstruction prevented her seeing the curb. … This statute and standards promulgated under it are clearly intended to prevent injury to and discrimination against disabled persons.

in Re: Stacy K. Boone, P.A. and Cardiologists of Lubbock, P.A.

Texas Court of Appeals, 7th District (Amarillo) · Feb 14, 2006

and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id .