Case law

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.

Culberson v. Chapman

496 N.W.2d 821 · Court of Appeals of Minnesota · Feb 23, 1993

In enacting Minn.Stat. § 148.975 the legislature clearly intended to create a broad immunity from liability for practitioners who warn third parties of a patient’s threats. 2 In the Civil Law Subcommittee, Senator Ember Reichgott … Morris, 453 N.W.2d 31, 40 (Minn.1990) (qualified immunity provides “immunity from suit rather than a mere defense to liability”) (quoting Mitchell v.

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

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.

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.”

Bruce Wayne Houser v. Douglas Dretke, Director, Texas Department of Criminal Justice

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2009

Code Ann. § 521.123 (West 2007) (requiring Department to “orient the information on the license to clearly distinguish the [under 21] license from a license that is issued to a person who is 21 years of age or older”). … Salazar, Soria, and Trejo have presented no evidence that they are otherwise qualified or eligible for a promotion to the position of foreman.

Texas Department of Public Safety Lt. Col. Lamar Beckworth, in His Official Capacity as Interim Director of the Texas Department of Public Safety And Allan B. Polunsky, in His Official Capacity as Chairman of the Public Safety Commission v. Miguel Salazar Edgar Soria Francisco Avila Trejo Green Meadows Landscaping, Inc. Eustolio Galvan And Jose Gomez

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2009

Salazar, Soria, and Trejo have presented no evidence that they are otherwise qualified or eligible for a promotion to the position of foreman. … Code Ann. § 521.123 (West 2007) (requiring Department to "orient the information on the license to clearly distinguish the [under 21] license from a license that is issued to a person who is 21 years of age or older"). 6.

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.

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

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.

Espina v. Prince George's County

215 Md. App. 611 · Court of Special Appeals of Maryland · Dec 20, 2013

Applications “of tradi *642 tional or well-established immunities from suit” do not violate Article 19. Id. … Moreover, in Dackman , if a qualified offer was rejected, the landlord had full immunity, including immunity against future claims by an injured child once she reaches majority, leaving a lead paint poisoned child with no

Guan v. State

55 A.D.3d 782 · Appellate Division of the Supreme Court of the State of New York · Oct 21, 2008

After a nonjury trial, the Court of Claims dismissed the claim, determining, among other things, that the State was entitled to qualified immunity and was not required to comply with the modern highway design standards established … However, “in the field of traffic design engineering, the State is accorded a qualified immunity from liability arising out of a highway planning decision” (id.).

Belluomini v. Zaryczny

2014 IL App (1st) 122664 · Appellate Court of Illinois · May 1, 2014

ASA McCarthy does not qualify her allegations to IAD as absolutely privileged. … Her statements to IAD were clearly a part of the investigation.

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.

Scocos v. State Department of Veteran Affairs

343 Wis. 2d 648 · Court of Appeals of Wisconsin · Jun 28, 2012

If the legislature does not clearly and expressly waive sovereign immunity, and if, as here, the defense of sovereign immunity is raised, the court has no personal jurisdiction over the State. Lister v. … The person is still qualified to perform the duties of the position. *653 3.