Case law

Funes v. Eldridge Electric Co.

270 S.W.3d 666 · Texas Court of Appeals, 4th District (San Antonio) · Oct 1, 2008

All such participating employers/subcontractors are thus immune from suit.”). … Conclusion We conclude the summary judgment evidence establishes as a matter of law that Clayco, as the general contractor, qualifies as a statutory employer of Baker Drywall, Eldridge Electric and their employees, including

Braswell v. Medina

255 N.C. App. 217 · Court of Appeals of North Carolina · Sep 5, 2017

Qualified Immunity We also reject the Officers’ assertion that dismissal of Braswell’s § 1983 claims was appropriate pursuant to the qualified immunity doctrine. … “The defense of qualified immunity shields government officials from personal liability under § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Gustafson, M. v. Springfield, Inc.

2020 Pa. Super. 239 · Superior Court of Pennsylvania · Sep 28, 2020

Thus, the plain text of the PLCAA dictates that either the gun industry has immunity from the entire lawsuit or no immunity at all. The Act does not immunize the industry from individual causes of action. … Once PLCAA immunity attaches to a qualified product under Section 7903(4), that immunity lasts into perpetuity, even if the product has ceased its transportation, injures someone who never entered any commercial transaction

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.

Blackwell v. Blackwell

479 So. 2d 1085 · Louisiana Court of Appeal · Dec 18, 1985

Blackwell's claim of qualified immunity. To the contrary, the Sheriff of Sabine Parish testified that he advised him that this was a family matter. Mr. … The record is bare of any evidence that any attorneys or public officials advised him to file criminal charges; therefore, he is not entitled to qualified immunity.

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.

James Lowry Beavers, Jr. v. Goose Creek Consolidated I.S.D.

Texas Court of Appeals, 10th District (Waco) · May 18, 1994

Beavers next contends that the individual defendants never conclusively established their immunity. … For the reasons stated, the individual Goose Creek defendants failed to conclusively establish that they are entitled to judgment as a matter of law based on qualified immunity. See Tex. R. Civ. P. 166a(c).

Gonzales v. Lubbock State School

487 S.W.2d 815 · Court of Appeals of Texas · Oct 30, 1972

Plaintiffs’ suit, seeking to establish liability against the defendant governmental employer pursuant to the Texas Tort Claims Act 1 for personal injuries received in the course of employment, was summarily dismissed on summary … University of Texas: Greenhill and Murto, Governmental Immunity, 49 Texas L.Rev. 462 , 468 (1971). 3 . Id. t 472.

State v. Elliott

879 S.W.2d 381 · Texas Court of Appeals, 10th District (Waco) · Jun 29, 1994

The act allowed local governments to create rapid transit authorities with the powers necessary to establish and maintain mass transit systems providing service within their metropolitan area. Id. art. 1118x, §§ 3, 6. … and use tax” when he or she qualifies as an officer of the Metro authority.

Engelman Irrigation District v. Nelda Lee Shields and Nina Garcia Garrett

Texas Court of Appeals, 13th District · May 8, 2008

Appellees further produced testimony indicating that Engelman had not clearly established procedures for obtaining the new forms and that its employees were themselves uncertain as to the requirements for obtaining and properly … It is well-established that governmental entities generally enjoy immunity from suit, unless the legislature has explicitly waived such immunity. See, e.g., Tooke v.

Keeland v. Yamhill County

24 Or. App. 85 · Court of Appeals of Oregon · Jan 19, 1976

, he was not qualified in this case because he was not familiar with the Yamhill County jail. … ORS 30.265(2)(d). 2 * * * * "Each assignment of error shall be clearly and succinctly stated under a separate and appropriate heading.

Vandentoorn v. Bonner

129 Mich. App. 198 · Michigan Court of Appeals · Sep 27, 1983

Plaintiff maintains that, in the event that Bonner is cloaked with qualified immunity, the common-law definition of malice, rather than the New York Times standard of actual malice, applies. … Based on Wynn and the other cases cited in fn 11, we reject plaintiffs argument and apply the New York Times standard of actual malice to defendants’ qualified immunity.

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.

Baylor College of Medicine v. John David Tate, Jr.

Texas Court of Appeals, 1st District (Houston) · May 23, 2002

judgment on the issue of qualified immunity"); Austin Indep. … Clearly, this section applies to, among other things, assertions of immunity from suit. It does not apply to assertions of immunity from liability. Hence, it is necessary to determine the nature of Baylor's claim.

Raytheon Co. v. Fair Employment & Housing Commission

212 Cal. App. 3d 1242 · California Court of Appeal · Aug 7, 1989

The court made it clear that the condition did not have to be presently disabling in order to qualify as a physical handicap. (32 Cal.3d at pp. 609-610.) … AIDS is the end stage of this gradual immune system deterioration.

Herlihy v. Metropolitan Museum of Art

214 A.D.2d 250 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 1995

Under New York law, "communications protected by a qualified privilege do not provide the communicant with an immunity against the imposition of liability in a defamation action” (Toker v Poliak, supra, at 219). … Plaintiffs tort claims, however, are all brought under well-established, clearly defined causes of action under New York law and will not be dismissed based upon defendants’ attempt to mischaracterize them as the defendants

Emanuel v. Columbus Recreation & Parks Department

115 Ohio App. 3d 592 · Ohio Court of Appeals · Nov 14, 1996

Defendants argue that Barney, as a government official, is protected from civil liability by the doctrine of qualified immunity. … Creighton (1987), 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 , the United States Supreme Court established a two-part analysis to assess a claim of qualified immunity.

Jordan v. Howard

2021 Ohio 4025 · Ohio Court of Appeals · Nov 12, 2021

Specifically, the federal district and appellate courts found that the police officers acted reasonably to stop a serious threat of deadly force and did not violate clearly established law. … was objectively reasonable and did not violate clearly established law.”

Villarin v. Rabbi Haskel Lookstein School

96 A.D.3d 1 · Appellate Division of the Supreme Court of the State of New York · Apr 12, 2012

Indeed, as noted above, in enacting Social Services Law § 413, the Legislature determined that a qualified immunity from civil and criminal liability would remove “the fear of an unjust lawsuit for attempting to help protect … The Legislature deemed qualified immunity “indispensable,” as it furthered the strong public policy of protecting children (Sabol, 93 NY2d at 721 ). This Court declines to dilute such critical statutory protection.

Evans v. Town of Cabot

Vermont Superior Court · May 27, 2016

Also, even if Plaintiff can prove negligence, the Town would still have the opportunity to establish that the Town is entitled to qualified immunity regarding any indirect liability that might attach to it as a result of … Churchill’s conduct is protected by qualified official immunity. It also asserts that Ms.