Case law

Rodriguez v. Palacio

157 N.Y.S.3d 75 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 2021

immunity. … "Under the doctrine of qualified immunity, a governmental body may not be held liable for a highway safety planning decision unless its study of the traffic condition is plainly inadequate or there is no reasonable basis

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.

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.

Carroll v. County of Los Angeles

60 Cal. App. 4th 606 · California Court of Appeal · Dec 30, 1997

This appeal presents the question of whether a paved bicycle path qualifies as a “trail” under the immunity provisions of Government Code section 831.4. 1 We hold that it does, and affirm the judgment that was entered in … Webster’s Collegiate Dictionary (10th ed. 1995) at page 1251 defines a trail as “a marked or established path or route . . . (Italics added.) We hold that the Path qualifies as a “trail” under subdivision (b).

State v. Hagen

2018 Ohio 4045 · Ohio Court of Appeals · Oct 5, 2018

His attorney then filed a combined demand for immunity and motion to suppress evidence, arguing in part that because Hagen “overdosed on the evening of February 26, 2017,” he was a “Qualified Individual” under R.C. 2925.11 … -11- (Emphasis added.) {¶ 25} Without dispute, Hagen satisfies some of the criteria necessary to qualify for immunity

Mansour v. Abrams

144 A.D.2d 905 · Appellate Division of the Supreme Court of the State of New York · Nov 15, 1988

However, defendants have not established that Marcus, who prepared the plaintiff’s performance evaluations relied on by Goldstock, had the authority to terminate plaintiff. … Because of this threshold factual question, we do not reach the issue of whether defendants are entitled to summary judgment based on their defense of qualified immunity as delineated in Anderson v Creighton ( 483 US 635

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.

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

Krolikowski v. San Diego City Employees' Ret. Sys.

234 Cal. Rptr. 3d 499 · California Court of Appeal, 5th District · May 23, 2018

not establish prejudice from any delay. … The decision was clearly discretionary and was not merely the carrying out of a ministerial duty.

City of Pomona v. Superior Court

182 Cal. App. 3d 1093 · California Court of Appeal · Jun 25, 1986

The motion was based, inter alia, on the City’s claim of immunity under section 866. Documents supporting the motion established that on April 12, 1982, a child was killed by falling rocks while playing in the cave. … Code, § 810 et seq.) is that ‘except as otherwise provided by statute’ a public entity is not liable for tortious injuries, and that the liabilities established by the act are subject to the statutory immunities.

Kauzlarich v. Yarbrough

20 P.3d 946 · Court of Appeals of Washington · Mar 30, 2001

We do not address whether there is an absolute privilege or immunity because we hold that there is a qualified privilege and a statutory privilege that cover this situation. B. … Therefore, we hold that Kauzlarich has not established that Yarbrough abused the qualified privilege in making his statement and, thus, summary judgment was proper. II.

CHARLES WILLIAMS v. GREGORY TONY, as Sheriff of Broward County

District Court of Appeal of Florida · May 5, 2021

Having determined that there was potential tort liability, we turn to whether sovereign immunity bars this action. … Thus, Appellant’s allegations appear to be regarding Sheriff’s “negligence in performance of established duties, and for failure to follow the policies already established.

Quality Granite Construction Co. v. Hurst-Rosche Engineers, Inc.

261 Ill. App. 3d 21 · Appellate Court of Illinois · Apr 27, 1994

App. 3d 1084 , 399 N.E.2d 278 , recognized this blanket immunity from liability. We disagree. Vee See granted no such immunity. … A prerequisite for establishing a qualified privilege is the absence of actual malice. (Rosner v. Field Enterprises, Inc. (1990), 205 Ill.

Thompson v. Huecker

559 S.W.2d 488 · Court of Appeals of Kentucky · Dec 9, 1977

If a governmental officer is not entitled to an absolute immunity from personal liability for his acts, he has been afforded a qualified immunity. In Spillman v. … If the officer is entitled to only a limited or qualified immunity, the officer is not liable if he acts in good faith.

Wilkosz v. Wilkosz

124 Ill. App. 3d 904 · Appellate Court of Illinois · Jun 6, 1984

Nonetheless, the court held, she was unemancipated and did qualify as a resident of the parents’ household. … App. 577 , which established the principle that a parent is immune from recovery for injuries sustained in the exercise of family rights.

Moreland v. PERKINS, SMART & BOYD

44 Kan. App. 2d 628 · Court of Appeals of Kansas · Oct 1, 2010

Thus, the language of K.S.A. 17-12a507 clearly provides for only qualified immunity, and the history of section 507 of the Uniform Securities Act (2002) shows that this immunity provision applies to the very form at issue … K.S.A. 17-12a507 clearly provides qualified, not absolute, immunity. So it would seem that there was no legal basis under which PSB’s attempt to vacate the arbitrators’ award was likely to succeed.

South East Texas Regional Planning Commission v. Byrdson Services, LLC, D/B/A Excello Construction, LLC

454 S.W.3d 581 · Court of Appeals of Texas · Jan 22, 2015

To minimize waste, the contracts also required that the contractors performing work meet standards for quality, as established by the agreements. … 271.152’s waiver to be triggered by such contingent claims, and given the language on interpreting the intended scope of the waiver in the Code Construction Act, we are of the opinion that section 271.152 would have clearly

Faucheaux v. Provo City

777 Utah Adv. Rep. 24 · Court of Appeals of Utah · Jan 2, 2015

¶34 Our caselaw illustrates the distinction between policy- level decisions, which qualify for discretionary-function immunity, and operational-level decisions, which do not. … But the fact that an officer’s action required the exercise of some amount of discretion does not qualify it as discretionary for purposes of Utah’s Governmental Immunity Act.

JOBLING Et Al. v. SHELTON

334 Ga. App. 483 · Court of Appeals of Georgia · Nov 23, 2015

The Joblings contend, however, that the trial court erred in granting Shelton’s motion for summary judgment on the ground of official immunity.6 The doctrine of official immunity, also known as qualified … “Thus, in analyzing a claim of official or qualified immunity, ‘the single overriding factor is whether the specific act from which liability arises is discretionary or ministerial.’”