Case law

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.

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.

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.

DeConti v. McGlone

88 Conn. App. 270 · Connecticut Appellate Court · Mar 29, 2005

Generally, a municipal employee is hable for the misperformance of ministerial acts, but has a qualified immunity in the performance of governmental acts. . . . … “A municipal employee’s immunity for the performance of discretionary governmental acts is, however, qualified by three recognized exceptions: first, where the circumstances make it apparent to the public officer that his

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.

Beam v. Daihl

2001 Pa. Super. 21 · Superior Court of Pennsylvania · Jan 22, 2001

. § 1515(4) clearly states that district justices have jurisdiction to issue warrants. … Thus, the doctrine of judicial immunity bars appellant’s civil action against appel-lee.

Washington v. City of Evanston

Appellate Court of Illinois · Dec 19, 2002

Kloempken's immunity from civil liability pursuant to the EMS Act and then consider St. Francis Hospital's immunity. In 1996, St. … Francis Hospital's SOPs or the established guidelines for breech delivery. The record shows that Dr.

White v. Village of Homewood

285 Ill. App. 3d 496 · Appellate Court of Illinois · Nov 26, 1996

White insists that the record "clearly reveals” the existence of issues of material fact. … This exercise of independent judgment qualifies as discretionary, and section 2 — 201 provides immunity for these discretionary actions.

Huminski v. Wright

Vermont Superior Court · Feb 10, 2005

Although the Court finds that Miner is entitled to qualified immunity, the Court also agrees with Defendants’ argument that Plaintiff’s claim must fail because the facts, even as alleged by Plaintiff, do not establish the … Further, the reasonableness is measured “by reference to clearly established law.” Id.

Victory v. Bills

897 S.W.2d 506 · Texas Court of Appeals, 8th District (El Paso) · Apr 6, 1995

Sullivan, 4 F.3d 2, 15 (1st Cir.1993) ("[T]he district court erred in reasoning that because the police officers’ actions were 'discretionary' for the purposes of qualified immunity under federal law, they were also performing … City of Champlin, 816 F.Supp. 528, 545 (D.Minn.1993) ("The federal doctrine of qualified immunity does not apply to claims brought under [state] law."), modified on other grounds, 27 F.3d 1346 (8th Cir.1994). 2 .

Conejo Wellness Center, Inc. v. City of Agoura Hills

214 Cal. App. 4th 1534 · California Court of Appeal · Mar 29, 2013

The MMPA establishes three groups of persons entitled to the immunity described above: (1) qualified patients, persons with identification cards, and the primary caregivers of such persons; (2) individuals who assist the … Significantly, the MMPA also expressly extends immunity from prosecution under the same enumerated Health and Safety Code sections to certain “collective” conduct: “Qualified patients, persons with valid identification cards

Read v. Clearfield County

12 Pa. Super. 419 · Superior Court of Pennsylvania · Jan 17, 1900

There is no doubt that there would have been but one subject in the title, and that clearly expressed. … This is the rule established by all our cases. It is an application of the maxim expressio unius exclusio alterius.

Locke v. City of Seattle

137 P.3d 52 · Court of Appeals of Washington · Jun 19, 2006

" to RCW 41.26.281, we find that the provision is clearly applied alike to all members of the designated class. … We also reject the city's argument that trainees such as Locke are not qualified LEOFF members because they are not fully-trained fire fighters.

Tavakoli-Nouri v. State

139 Md. App. 716 · Court of Special Appeals of Maryland · Aug 30, 2001

Qualified Immunity Appellant also complains that the trial court erred in holding that individual troopers could not be held liable be *734 cause they had qualified immunity. … See Md.Code (1984, 1999 Repl.Vol.), § 12-105 of the State Government Article (“SG”) (“state personnel” have the qualified immunity established in Md.Code (1974, 1998 Rep.