Case law

Carter v. Watson

181 Conn. App. 637 · Connecticut Appellate Court · May 1, 2018

The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law. . . . … Not only has the plaintiff failed to meet all three requirements to qualify under the capable of repetition, yet evading review exception to an other- wise moot claim, he has failed to establish any of the three requirements

Indiana State Board of Public Welfare v. Tioga Pines Living Center, Inc.

592 N.E.2d 1274 · Indiana Court of Appeals · Jun 10, 1992

We do not perceive the scope of work product immunity to be as extensive as the State envisions. … Materials assembled in the ordinary course of business, or pursuant to public requirements unrelated to litigation, or for other nonlitigation purposes are not entitled to the qualified immunity provided by this section.

Repko v. Chichester School District

904 A.2d 1036 · Commonwealth Court of Pennsylvania · Aug 10, 2006

Lienhard, the Supreme Court clearly established the test: Chattels used in connection with real estate are of three classes: First, those which are manifestly furniture, as distinguished from improvements, and not peculiarly … Contrary to the trial court’s interpretation of Grieff that the government entity was not immune because “the care of personalty caused a dangerous condition to occur on the real property,” the actual holding in Grieff clearly

Estate of Clark Ex Rel. Mitchell v. Daviess County

105 S.W.3d 841 · Court of Appeals of Kentucky · Mar 14, 2003

However, the Supreme Court has since revisited Malone and refined its departure from established legal principles. … Qualified official immunity is an affirmative defense that must be specifically pled.

Miller v. Curry

625 S.W.2d 84 · Court of Appeals of Texas · Nov 25, 1981

The Supreme Court in Imbler, supra, reasoned that if a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties to at least the same extent that the threat of common-law … In applying this well established and clearly defined law of absolute immunity for prosecutors engaged in their official capacities, as stated in Robichaud, supra, and Sykes, supra, as well as Imbler, supra, and other cases

Miller v. Cent. Ohio Crime Stoppers, Inc., 07ap-669 (3-20-2008)

2008 Ohio 1280 · Ohio Court of Appeals · Mar 20, 2008

Thus, to establish a qualified privilege defense, the defendant must show that (1) the publication was made in good faith, (2) an interest existed to be upheld, (3) the publication was limited in scope to that interest, ( … Rather, once immunity is established under R.C. 2744.02 (A)(1), the second tier of analysis examines whether any of five listed exceptions apply. Cater v. Cleveland (1998), 83 Ohio St.3d 24 , 28 .

McKibben v. Schmotzer

700 A.2d 484 · Superior Court of Pennsylvania · Aug 11, 1997

Her exercise of “significant policy-making functions as the most important public official in the Borough of [Dormont, Mayor Schmotzer] clearly qualifies as a ‘high public official’ under the criteria established in Montgomery … Lindner, 677 A.2d at 1199 (Mayor of Yeadon qualifies as a “high public official”).

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.

Snell v. Stein

201 So. 2d 876 · Louisiana Court of Appeal · Sep 29, 1967

officers and employees when functioning in a governmental capacity, is clearly without merit * * *." … Parish Council, the Parish of Jefferson, its departments, agencies, districts and/or officers may have in connection with any immunity from suits established or provided for by the constitution or laws, past, present and

Baber v. Napa State Hospital

209 Cal. App. 3d 213 · California Court of Appeal · Mar 31, 1989

Section 855, subdivision (a) is a specific application of the general policy established in section 815.6. (Cal. Government Tort Liability Practice (Cont.Ed.Bar 1980) Liabilities and Immunities, § 4.34, p. 377.) … Whether the hospital exercised reasonable diligence to comply is a matter of defense for respondent to establish, and clearly cannot be resolved by the instant motion for nonsuit.

Norwegian Township v. Schuylkill County Board of Assessment Appeals

74 A.3d 1124 · Commonwealth Court of Pennsylvania · Aug 12, 2013

(holding that a good-faith effort to develop a property, including the expenditure of funds, qualifies that property for a tax exemption). … Though not required for a property to be tax-immune/exempt, the trial court also found that the Township made a good-faith effort to develop the Property (as established by the Township’s testimony that it had continued to

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.

Samuels v. Tschechtelin

135 Md. App. 483 · Court of Special Appeals of Maryland · Oct 13, 2000

assessed in light of the legal rules that were “clearly established” at the time it was taken. … action is a violation) violates a clearly established right.

People v. Edward T.

343 Ill. App. 3d 778 · Appellate Court of Illinois · Sep 15, 2003

In response, the State argues that the trial corut erred in qualifying Dr. Zun as an expert witness. Dr. … Zun should not have been qualified as an expert witness in pediatric medicine.

Manning v. City of Hazel Park

202 Mich. App. 685 · Michigan Court of Appeals · Dec 6, 1993

Plaintiff has clearly established a prima facie case of age and sex discrimination under the intentional discrimination theory. Plaintiff was a fifty-six-year-old woman when she was discharged. … Governmental immunity is not a defense to a claim brought under the Civil Rights Act.

Roberson v. McIntosh County School District

326 Ga. App. 874 · Court of Appeals of Georgia · Mar 14, 2014

Under Georgia law, official or qualified immunity is an entitlement not to stand trial rather than a mere defense to liability. … The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.

Brannon v. Troutman

75 Ohio App. 3d 233 · Ohio Court of Appeals · May 27, 1992

The trial court erred to the substantial prejudice of appellants when the court gave a jury charge different than the written charge, orally, qualified, modified, and explained the charge involving immunity, in violation … The initial answer of Maurer and Williams clearly set forth the immunity defense in unequivocal terms. *243 Brannon and Hill next argue that immunity is a purely legal matter which should not have been submitted to the jurors

Reginald Dale Peters v. Vincent Messina, Stuart Neil, Kelton Conner, Judy Watson, Robert Christian, J.L. East, Allen Hardin, Robert Crank, David Conway, David Tucker, Leslie Crane, Robert Young, Thelbert Millsap, Johnny Rose, Johnny Miller, Judy Elain Peters

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 28, 2009

. § 1983 5 against any of the defendants, qualified immunity is immunity from suit available to government officials sued in their individual capacities under § 1983. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. … Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no clearly established statutory or constitutional rights of

MacHete's Chop Shop, Inc. v. the Texas Film Commission Heather Page, as Director of the Texas Film Commission The Music, Film, Television, and Multimedia Office, Office of the Governor And Greg Abbott, as Governor of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 29, 2015

4 To overcome an official’s qualified immunity, a plaintiff must plead facts demonstrating “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … Accordingly, Machete cannot establish that it had a clearly established right to these funds that Morales violated. See Ashcroft, 131 S. Ct. at 2080.

Dunkle v. Children's Hosp. Med. Ctr. of Akron

2013 Ohio 5555 · Ohio Court of Appeals · Dec 18, 2013

In addition to absolute immunity for the making of the report, mandatory reporters are entitled to qualified immunity for their participation in a judicial proceeding. Id. … Steiner was entitled to absolute immunity for his participation in judicial proceedings. The Parents do not clearly articulate which of Dr.