Case law

Brown v. State

135 So. 3d 1160 · District Court of Appeal of Florida · Apr 22, 2014

As the first line of the statute clearly sets out, there are three avenues by which a defendant’s use of force may qualify for the statutory immunity from prosecution: that his or her use of force was permitted by section … to allow the court to determine whether section 776.032(1) immunity attaches.

Awai v. Kotin

17 Brief Times Rptr. 1843 · Colorado Court of Appeals · Nov 18, 1993

Likewise, immunity is not established merely because a court appointee performed acts within the scope of the court’s order. … The parties have not raised, and we do not address, the issue whether, if any injuries did result from conduct outside the scope of absolute immunity, a separate qualified immunity may apply.

County of Sacramento v. Superior Court

209 Cal. App. 4th 776 · California Court of Appeal · Sep 4, 2012

Ley also noted that the immunity at issue was not qualified in any manner, which distinguished it from immunities expressly limited in scope. (Id. at pp. 1303-1304.) … In Storch, supra, 186 Cal.App.3d at pages 678 to 680, the court held that absolute immunity was essential for reporters of suspected child abuse, because it is too easy to plead around a qualified immunity and there would

Neiswender v. Edinger

59 Ohio App. 2d 25 · Ohio Court of Appeals · Mar 3, 1978

The doctrine of extending official immunity to executive officers was established in Spalding v. Vilas (1896), 361 U. S. 483 . … Code, and, while not controlling in the case sub jndice, a portion of that opinion is instructive: * * [I]n varying scope, a qualified immunity is available to officers of the executive branch of government, the variation

Dlugosz v. Fred S. James & Co.

212 N.J. Super. 175 · New Jersey Superior Court Appellate Division · Apr 24, 1986

Historically, public entities within the State of New Jersey enjoyed complete sovereign immunity in tort actions. Ibid. That long established immunity was abrogated by the Supreme Court in Willis v. … They further noted that the qualified immunity of a public body under federal law is concordant with the New Jersey legislative policy as expressed in N.J.S.A. 59:2-3(a) and -3(b) or our Tort Claims Act. Id. at 168.

Weaver v. City of Statesboro

288 Ga. App. 32 · Court of Appeals of Georgia · Oct 24, 2007

This requires a review of the doctrine of official or qualified immunity, which offers public officers and employees limited protection from suit in their personal capacity. … “The question of whether a government official is entitled to qualified immunity is a question of law for the court to decide.” (Punctuation omitted.) Conley v.

State v. Donaldson

2014 Ohio 3621 · Ohio Court of Appeals · Aug 22, 2014

Evid.R. 704. {¶ 23} Like Detective Price discussed above, Agent Hardy was also qualified by the court as an expert witness in the field of sex trafficking. … This is clearly inconsistent with her testimony on the stand where she was thoroughly cross-examined.

Commonwealth v. Shaleen

30 Pa. Super. 1 · Superior Court of Pennsylvania · Dec 11, 1905

The context in the 2d and 3d sections clearly shows, however, that anthracite miners only are referred to. … The power of the legislature to classify coal mines and to legislate for each class separately is clearly established in Durkin v. Kingston Coal Co., 171 Pa. 193 , and in Commonwealth v. Jones, 4 Pa Superior Ct. 362.

City of San Antonio v. Lower Colorado River Authority

369 S.W.3d 231 · Court of Appeals of Texas · Jul 29, 2011

By the middle of 2008, studies had established that under its original parameters, the project would generate between 90,000 and 115,000 acre-feet of water for SAWS. … This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v.

La Villa Independent School District and Sonia M. Lopez v. Marlene Hinojosa

Texas Court of Appeals, 13th District · Oct 23, 2025

Only the sovereign’s own consent could qualify the absolute character of that immunity.”). … Thus, unless sovereign immunity is clearly and unambiguously waived by the legislature, a Texas court lacks subject matter jurisdiction over any lawsuit against a governmental unit such as LVISD. See El Paso Educ.

Carman v. Wieland

406 S.W.3d 70 · Missouri Court of Appeals · Jul 16, 2013

But in any event, police officers are clearly distinguishable from firefighters. Police officers are sworn law-enforcement officers, somewhat like the sheriffs to whom the statute expressly applies. … A defendant, of course, would never require immunity as a shield to liability if the plaintiff could not establish that the defendant owed the plaintiff a duty. Duty is an essential element of a negligence action.

Happel v. Guilford Cnty. Bd. of Educ.

Court of Appeals of North Carolina · Mar 5, 2024

The PREP Act further defines the terms “manufacturer,” “distributor,” “program planner,” and “qualified person” as described below. ... … The declaration clearly provides that a program planner may be a private sector employer or community group when it carries out the “described activities” including administration of a covered countermeasure.

Elton v. Sparkes

2016 Ohio 1067 · Ohio Court of Appeals · Mar 16, 2016

Neither side has contested that the Board qualifies as a political subdivision. Thus, because the trial court’s judgment denied the Board the benefit of R.C. … may be asserted to establish nonliability: *** The political subdivision is immune from liability if the injury, death, or loss to person or property resulted from the exercise of judgment

Terry Trimble, Tom Phillips, Judy Rouse, Barry W. Frederickson, and Claudia Langguth v. John L. Robinson

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 1996

Because official immunity is an affirmative defense, summary judgment is proper only if the movants establish conclusively each element of the defense. Kassen, 887 S.W.2d at 8 . … "[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred."

The State v. Mercier.

349 Ga. App. 536 · Court of Appeals of Georgia · Mar 15, 2019

In its order granting Mercier’s motion for immunity, the trial court observed that “there is no question [Mercier] was suffering from a drug overdose” and that immunity “clearly applies to one who is overdosing if he calls … At first glance, these facts may not establish the right to immunity under the plain language of OCGA § 16-13-5 (b).

Clark v. University of Houston

979 S.W.2d 707 · Texas Court of Appeals, 14th District (Houston) · Sep 24, 1998

Analysis In a single point of error, Clark contends summary judgment was improper because Williams and Stewart failed to establish they were entitled to'immunity under the doctrine of official immunity. … Recently, in Wadewitz , the Texas Supreme Court clarified the summary judgment burden a defendant police officer must satisfy in order to establish that he is entitled to official immunity.

Texas Department of Aging and Disability Services v. Lori Loya

491 S.W.3d 920 · Texas Court of Appeals, 8th District (El Paso) · Apr 27, 2016

Thus, the evidence establishes as a matter of law that Loya was not replaced by a similarly qualified male. 5  That does not end our inquiry, however. … Thus, Loya failed to carry her burden to establish a waiver of sovereign immunity that would bestow subject-matter jurisdiction on the trial court over her TCHRA claims.

Lm v. State of Michigan

307 Mich. App. 685 · Michigan Court of Appeals · Nov 6, 2014

Specifically, MCL 380.1278(3) refers to the local district’s responsibility to establish an actual curriculum for implementation with students. … These cases do not establish that a plaintiff may infer a private cause of action for damages against a governmental agency.

Mozzetti v. City of Brisbane

67 Cal. App. 3d 565 · California Court of Appeal · Feb 28, 1977

If the trial court determines that the defense has been established, the jury is instructed that the public entity is immune as a matter of law for design-related damages, but if the damage is unrelated to the design (e.g … In the second place, examination of the record is persuasive that appellants failed to produce sufficient evidence establishing the criteria *574 of design immunity, and, as a result, the instruction on design immunity should

H & M ASSOCIATES v. City of El Centro

109 Cal. App. 3d 399 · California Court of Appeal · Aug 20, 1980

Defendants have thus failed to make the required showing necessary for immunity. Accordingly, on this sparse record, we conclude governmental discretionary immunity has not been established. … This argument, based upon these absolute and qualified statutory privileges, at this stage of the proceedings suffers the same fate encountered by the statutory immunity contention.