Case law

Virginia Davis v. Education Service Center Region VIII and Scott Ferguson

Texas Court of Appeals, 6th District (Texarkana) · Dec 5, 2001

. § 22.051 (a); rather, Region VIII qualifies for sovereign immunity as an agency of the State. Sovereign immunity, unless waived, insulates the State of Texas, its agencies, and its officials from lawsuits for damages. … In Matthews , the court ruled the defendant did not have a qualified immunity for violating Title VII. Id. at 847 .

Woodley v. City of Jemison

770 So. 2d 1093 · Court of Civil Appeals of Alabama · Jun 25, 1999

The trial court also found that the Woodleys did not present substantial evidence of ill will on the part of Northcutt that would defeat Northcutt's discretionary immunity or qualified immunity. … The Woodleys contend that the trial court erred in determining that Northcutt was entitled to qualified immunity.

Mason v. Wood

282 S.W.3d 189 · Texas Court of Appeals, 9th District (Beaumont) · Mar 19, 2009

The affirmative defenses of official immunity from state law claims and qualified immunity from federal law claims presuppose the existence of a prima facie claim. Leachman v. Dretke, 261 S.W.3d 297, 315 (Tex.App. … Although the appellees’ motion to dismiss mentions the doctrine of sovereign immunity, the motion to dismiss does not present claims of either qualified immunity or official immunity.

Winograd v. Clear Lake City Water Authority

811 S.W.2d 147 · Texas Court of Appeals, 1st District (Houston) · May 30, 1991

Court in order to strip them of their qualified immunity. 4 Harlow v. … In so holding, the Court reasoned as follows: If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Williamson v. Jones

125 Mich. App. 433 · Michigan Court of Appeals · May 3, 1983

As such, they are cloaked with governmental immunity. … The trial court’s reliance upon Perry, supra, and Fuhrmann, supra, clearly reveals the grounds the court relied upon. Affirmed. No costs, a public question involved.

Laracuente v. Laracuente

252 N.J. Super. 384 · New Jersey Superior Court Appellate Division · Nov 13, 1991

Federal authority clearly and unequivocally supports Macy's contention. In Todd v. Associated Credit Bureau Services, Inc., 451 F. … We need not pass on whether Macy's, as a provider of information has a qualified or conditional privilege insofar as plaintiff has not overcome the burden of establishing malice.

Berrie v. Marvin

117 Mich. App. 134 · Michigan Court of Appeals · Jun 10, 1982

Clearly, the response of the Murray majority fell somewhere in between. … In other words, assuming, arguendo, that the Supreme Court intended the new rule to apply to some cases pending at the trial level, the qualifying words "express challenge” clearly indicate the Court did not intend the new

Judy Powell v. Roger E. Foxall

Texas Court of Appeals, 9th District (Beaumont) · Nov 29, 2001

Thus, qualified immunity will protect all but the plainly incompetent or those who knowingly violate the law. Id. … The evidence clearly established appellants' were performing a discretionary function within the scope of their authority.

State v. Grabill

34 Or. App. 639 · Court of Appeals of Oregon · May 30, 1978

Whether or not we have such authority has never been clearly established. See State v. Gaylor, 12 Or App 544 , 508 P2d 250 (1973). We need riot reach that issue here because the verdicts were logically consistent. … It cannot be said that the immunizing process allowed the state is directed at defendant’s strategic or tactical situation.

Black v. Cleveland Police Department

96 Ohio App. 3d 84 · Ohio Court of Appeals · Jul 5, 1994

Additionally, the individual police officers argued they were entitled to summary judgment on the ground of qualified immunity from liability for defamation. … Instead, in a single “argument and law” section of his appellate brief, appellant argues that the defense of qualified immunity is available only where the defendants “don’t falsely or maliciously harm” another.

Board of Regents v. Canas

295 Ga. App. 505 · Court of Appeals of Georgia · Jan 12, 2009

Lang, 274 Ga. 122, 124 (1) ( 549 SE2d 341 ) (2001) (Under Georgia law, qualified immunity is an entitlement not to stand trial rather than a mere defense to liability. … The issue of a government employee’s qualified immunity must therefore be resolved as the threshold issue in a suit against the officer in his personal capacity.). 8 Cf. State ofGa. v. Gober, 229 Ga.

Letke v. Sprenkle

Superior Court of Delaware · May 6, 2024

Absolute Immunity The doctrine of sovereign immunity provides that the State of Delaware, including its agencies, can only be sued by consent, or by an express act of the General Assembly.3 In order to establish … Qualified Immunity Assuming arguendo that there is not absolute sovereign immunity for Beulter, or that the State has waived sovereign immunity with respect to him or his agency, the doctrine of qualified immunity

Jamie Hamilton v. Gary Cook

Court of Appeals of Tennessee · Oct 12, 1998

One court has described the defense of qualified immunity as follows: Qualified immunity shields police officers “from suit for damages if ‘a reasonable officer could have believed … [the action] to be lawful, in light of clearly established law and the information the officers possessed.’”

Cahill v. Wissner

102 Misc. 313 · Appellate Terms of the Supreme Court of New York · Jan 15, 1918

It is, however, claimed that the judgment in that action became an inviolable property right, immune to legislative action. That a judgment may attain such immunity is clearly shown in the following cases: Burch v. … The new act may be regarded not as having continued the powers of an existing court but, for the purpose of this appeal, as having established a court theretofore non-existent, which the plaintiff became qualified to enter

Eastern Seaboard, Etc. v. Nj Prop.-Liab. Ins. Guaranty Ass'n

175 N.J. Super. 589 · New Jersey Superior Court Appellate Division · Oct 9, 1980

Defendant offers as "a general rule of statutory construction" that statutes which grant privileges, powers, rights or immunities to "residents" will be limited to domestic corporations, absent qualifying words which plainly … is clearly expressed in the terms of the statute.

Hood v. Alabama State Personnel Bd.

516 So. 2d 680 · Court of Civil Appeals of Alabama · Sep 16, 1987

In determining the existence of qualified immunity from suit, the United States Supreme Court established the following objective test. … An application of the objective standard shows that the personnel defendants have not violated any clearly established constitutional rights of the appellants; thus they were entitled to good faith immunity, and summary judgment

Patricia Briggs, individually and o/b/o Eddie Briggs v. Officer Don Rasicot, individually and as aCrookston Police Department Officer

867 N.W.2d 217 · Court of Appeals of Minnesota · Jun 29, 2015

The record also established that, in 2001, the police department had issued a policy- and-procedures manual, which served as a set of uniform guidelines for the department. … He did not activate the lights or sirens of his vehicle when responding to Officer Bergquist’s request for backup, which is clearly required by police department policy when responding to an emergency.

Megan McKnight and Luke McKnight v. Board of Governors of Glenville State University, Gary Z. Morris, and Jason P. Barr

Intermediate Court of Appeals of West Virginia · Jun 11, 2024

In addressing the question of qualified immunity, the Supreme Court of Appeals of West Virginia (“SCAWV”) has stated “a government entity has no qualified immunity where the plaintiff can demonstrate that the government … Here, as with Judy, Petitioners “pled facts demonstrating a violation of this clearly established law [WVHRA], so, per Marple, [GSU] is entitled to no qualified immunity here.” Id.

Catberro v. Naperville School District No. 203

Appellate Court of Illinois · Nov 2, 2000

To qualify for the immunity provided by this section, an employee must hold a position involving either the determination of policy or the exercise of discretion. … The district responds that the teacher's acts of choosing the rope and poles and having the students jump over the rope were clearly discretionary.

Hatch v. Grand Haven Charter Township

230 Mich. App. 705 · Michigan Court of Appeals · Oct 7, 1998

However, the question remains whether the path qualifies as a sidewalk within the defective highway exception. According to defendant, the path was created as a bicycle path. … Accordingly, we conclude that the path qualifies as a sidewalk for purposes of the highway exception at the point where plaintiff fell. 3 Consequently, defendant is not entitled to immunity. Listanski, supra.