Case law

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

William Bernard White v. State

Court of Appeals of Georgia · Apr 28, 2026

The burden of proving entitlement to immunity by a preponderance of the evidence falls on the defendant. … App. 176, 181(2) (477 SE2d 583) (1996) (“Where possible, effect is to be given to all the words of a statute, and it is firmly established that courts should not interpret a statute so as to render parts of it surplusage

Wilder v. Tanouye

7 Haw. App. 502 · Hawaii Intermediate Court of Appeals · Mar 23, 1988

QUALIFIED IMMUNITY Tanouye argues that as a government official he is protected by qualified immunity. … In a § 1983 action, the qualified immunity defense “would be unavailing to [officials] if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew

Kristine Zambrano, in Her Individual and Official Capacities v. Aaron Malone, TDCJ 1697643

Texas Court of Appeals, 13th District · Jan 25, 2018

By two issues, Zambrano argues (1) she is protected in her official capacity by sovereign immunity from Malone’s state law claims and (2) she is protected by qualified immunity from Malone’s federal constitutional claims … It protects governmental officers with discretionary authority from liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known

People v. West Valley Caregivers, Inc.

California Court of Appeal · Dec 7, 2015

Following the definitions and the provision making it “unlawful to own, establish, operate, use, or permit the establishment or operation of a [MMB]” is a section titled “Limited Immunity,” which states, “Notwithstanding … “The voters thus found all ongoing MMB‟s, whether or not they qualified for limited immunity, had the potential for deleterious impact and secondary effects on the community.”

Reed v. DeKalb County

264 Ga. App. 83 · Court of Appeals of Georgia · Oct 22, 2003

The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees sued ■ in their personal capacity. Gilbert v. … Official or qualified immunity “protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice or corruption.”

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.

School Board of Marion County A/K/A the Marion County School Board, D/B/A Marion County Public Schools v. State Farm Mutual Automobile Insurance Company

District Court of Appeal of Florida · Nov 21, 2024

It asserted that, as a governmental agency, it had immunity from the suit because sovereign immunity had not been clearly and unequivocally waived by the Florida Legislature for the PIP reimbursement claim. … The Legislature has shown itself well qualified to write such a statute waiving sovereign immunity; and it is prudent for this Court to refrain from finding such a waiver, absent clear directive from the Legislature.

Boyd v. Tietze

172 P.3d 639 · Court of Civil Appeals of Oklahoma · Aug 10, 2007

Therefore, the relevant inquiry is not whether an individual qualifies under the definition of "state" but rather whether the person qualifies as an employee acting within the scope of his or her employment under the Act … According to Anderson, 1994 OK 136, ¶12 , 890 P.2d at 1337 , this sentence clearly takes the employee/teaching-physi-clans ... out of the seope of their employment when they are practising[practicing] medicine-whether for

Ex parte Springsteen

506 S.W.3d 789 · Court of Appeals of Texas · Dec 21, 2016

It is well established that the common law—the starting or default legal rule—recognizes no right to recover against the government for wrongful or erroneous imprisonment, 3 and sovereign *791 immunity—the age-old common-law … will bar [even] an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity" (citing City of Houston v.

Thomas v. Lorain Metro Hous. Auth.

2018 Ohio 2997 · Ohio Court of Appeals · Jul 30, 2018

Summit No. 25219, 2011-Ohio-2382, ¶ 7-8. {¶13} Determining whether a political subdivision qualifies for immunity pursuant to R.C. 2744 et seq. involves a three-tiered analysis. Lambert v. … When it has been determined that a party generally qualifies for immunity due to its status as a political subdivision, the second tier of the analysis is to determine whether one of the exceptions to immunity set forth

Bowling v. Brown

57 Md. App. 248 · Court of Special Appeals of Maryland · Jan 11, 1984

That the individual Town Council members do not have qualified immunity for discretionary acts performed without malice; and IV. … Qualified Immunity Defendants also cite James v.

Roberts v. TBAA

371 N.J. Super. 189 · New Jersey Superior Court Appellate Division · Jul 15, 2004

That does not automatically qualify it to invoke the defense of charitable immunity, however. … That is why we require plaintiff to establish that she falls within the DeVries volunteer category.

Christina Daly, in her official capacity as Secretary of the Florida Department of Juvenile Justice v. Polk County, Florida, and Seminole County, Florida, political subdivisions of the State of Florida

265 So. 3d 644 · District Court of Appeal of Florida · Nov 27, 2018

Rendon, 957 So. 2d 647, 652 (Fla. 3d DCA 2007) (affirming a grant of refund under section 215.26, but remanding to determine which taxpayers qualify for the remedy). … Accordingly, sovereign immunity does not bar relief.

Aventine Tarrant Parkway Apartments, LP v. Stephanie Etling

Texas Court of Appeals, 2nd District (Fort Worth) · Oct 9, 2025

establishing our appellate jurisdiction.8 See Rosenberg Dev. … And because we have determined that Aventine LP does not qualify as a governmental unit under Section 101.001(3)(D), we do not address whether Aventine LP is entitled to derivative immunity. See Rosenberg Dev.

Roebuck v. Mayo Clinic

105 Arizona Cases Digest 38 · Court of Appeals of Arizona · Sep 19, 2023

Ashraf and Scott unequivocally established that the ABG test was performed to assess and treat Roebuck for COVID-19. Although Roebuck complains of a purported “incongruity” in Dr. … According to the March 17, 2020 Declaration Under the Act, to qualify as a “covered countermeasure” under the Act, a countermeasure must be a “qualified pandemic or epidemic product,” or a “security countermeasure

City of Houston v. Jose Torres

Texas Court of Appeals, 1st District (Houston) · Dec 31, 2025

Thus, the City argues that Torres failed to establish a waiver of the City’s governmental immunity. We agree. … Because the evidence establishes that Ricci owed no duty to Torres—a required element of negligence—the City retained its governmental immunity from suit. See Sw. Bell Tel.

Smits v. Wal-Mart Stores, Inc.

525 N.W.2d 554 · Court of Appeals of Minnesota · Dec 20, 1994

We affirm the court’s rulings on qualified immunity and the merchant immunity statute, and the jury’s verdict on defamation and its award of $2,000 in special damages. … DECISION The trial court properly determined that Wal-Mart was not entitled to a qualified defamation privilege or to immunity from civil liability under the merchants’ immunity statute.

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

State v. Craciun

2018 Ohio 5185 · Ohio Court of Appeals · Dec 21, 2018

Craciun, on the basis of qualified statutory immunity. … Here, the trial court, in applying the qualified immunity test, did not require satisfaction of all prongs.