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2016 IL App (2d) 160035 · Appellate Court of Illinois · Dec 2, 2016
The seventh photograph, a Google aerial view of the general area, identifies numerous business establishments on either side of the path. … We adhere to our statement in McElroy that a “trail” need not be wholly unimproved to qualify under section 3-107(b).
Cited 5 timesPublished5 A.D.3d 914 · Appellate Division of the Supreme Court of the State of New York · Mar 11, 2004
The court later granted defendant’s motion for summary judgment and dismissed the complaint, finding that defendant is entitled to qualified immunity per Social Services Law § 419 and that plaintiff failed to submit evidence … “The reporting requirements which trigger the qualified immunity provision contained in Social Services Law § 419 are not predicated upon actual or conclusive proof of abuse or maltreatment.
Cited 14 timesPublished295 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.
Overruled on other grounds by Rivera v. Washington, 298 Ga. 770 (2016)Cited 80 timesPublishedCharles F. Holland v. Cheatham County
Court of Appeals of Tennessee · Jan 28, 2025
The Officers herein have claimed qualified immunity. … “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person
Cited 0 timesPublished282 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.
Cited 15 timesPublishedFullum v. Columbiana Cty. Coroner
2014 Ohio 5512 · Ohio Court of Appeals · Dec 15, 2014
(Emphasis sic.) {¶16} Fullum argues that this is error for several reasons, the first being that the Amended Complaint clearly defines "Columbiana County Coroner" as the political subdivision and Appellees admit this … [W]hen an employee of a political subdivision brings a civil action against the political subdivision alleging an intentional tort, that civil action may qualify as a "matter that arises out of the employment
Cited 9 timesPublished147 Ohio App. 3d 216 · Ohio Court of Appeals · Dec 28, 2001
reasons were assigned as a basis thereof.” 9 Because Wooton failed to establish below that Vogele’s conduct was malicious, in bad faith, or wanton or reckless, Vogele was entitled to immunity under R.C. 2744.03(A)(6). {¶ … Thus, an employee of a political subdivision is presumed immune unless one of these exceptions to immunity is established. 13 {¶ 18} Vogele moved for summary judgment on the basis of individual immunity from liability.
Cited 12 timesPublishedTexas Court of Appeals, 13th District · Jul 3, 2025
Sovereign immunity protects the State and its agencies from lawsuits for money damages and deprives a trial court of subject matter jurisdiction over the plaintiff’s claims unless immunity is clearly and unambiguously waived … However, it is well established that “[s]ubject matter jurisdiction is an issue that may be raised for the first time on appeal” and “may not be waived by the parties.” Tex. Ass’n of Bus. v. Tex.
Cited 0 timesPublished238 A.3d 413 · Superior Court of Pennsylvania · Aug 13, 2020
Further, “[t]he burden of proof under the [Act] is not on the Commonwealth; rather, the defendant must establish that he is entitled to immunity under the Act.” Commonwealth v. … Upon careful review of the record, we agree with the trial court that Appellant did not qualify for Section 780-113.7(c) immunity because he failed to satisfy the Act’s requirements.
Cited 1 timesPublished296 Mich. App. 223 · Michigan Court of Appeals · Apr 17, 2012
If the drafters of the MMMA had wanted to include immunity for the operation of a motor vehicle in MCL 333.26424, the act would have explicitly granted immunity either in MCL 333.26424(a) or in MCL 333.26423(e). … These protections, or immunities from lawbreaking, are very limited in scope.
Cited 1 timesPublishedTexas Court of Appeals, 2nd District (Fort Worth) · Jul 10, 2008
After a government official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant’s conduct violated clearly established statutory or constitutional rights … Therefore, as to Oncken’s qualified immunity defense, Leachman failed to show that her conduct violated any clearly-established statutory or constitutional right because he failed to state any constitutional claims in his
Cited 0 timesPublishedWilliams v. Bd. of Supervisors
272 So. 3d 84 · Louisiana Court of Appeal · May 15, 2019
rules that were clearly established at the time the action was taken." … "First, the court must determine whether the law was clearly established at the time the action occurred. *93 Second, if the law is clearly established, the defendant must show that, because of extraordinary circumstances
Cited 0 timesPublishedLouisiana Court of Appeal · Jan 11, 2023
Because immunity based on the borrowed employee doctrine is in derogation of the general tort rights of victims, the scope of immunity must be strictly construed. Sewell v. … such that they may receive tort immunity.
Cited 0 timesPublishedClark 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.
Reversed by University of Houston v. Clark, 38 S.W.3d 578 (2000)Cited 7 timesPublished2020 Pa. Super. 194 · Superior Court of Pennsylvania · Aug 13, 2020
Further, “[t]he burden of proof under the [Act] is not on the Commonwealth; rather, the defendant must establish that he is entitled to immunity under the Act.” Commonwealth v. … Upon careful review of the record, we agree with the trial court that Appellant did not qualify for Section 780-113.7(c) immunity because he failed to satisfy the Act’s requirements.
Cited 1 timesPublished923 S.W.2d 800 · Texas Court of Appeals, 13th District · May 16, 1996
Garza and the City of Weslaco answered and raised the defenses of sovereign immunity, qualified immunity, and judicial immunity. … The setting of bail is clearly a judicial function.
Cited 11 timesPublished129 N.Y.S.3d 167 · Appellate Division of the Supreme Court of the State of New York · Aug 12, 2020
The defendants established their prima facie entitlement to judgment as a matter of law, and the plaintiff failed to raise a triable issue of fact in opposition. … The individual defendants are entitled to qualified immunity, as they are government officials performing discretionary functions, and their conduct did not violate any clearly established statutory or constitutional rights
Cited 2 timesPublishedMetal Working Lubricants Co. v. Indianapolis Water Co.
746 N.E.2d 352 · Indiana Court of Appeals · Mar 30, 2001
IWC as a Governmental Entity The first question which must be answered in determining whether IWC is entitled to immunity is whether or not it qualifies as a "governmental entity." … Water is clearly an essential element of fire protection, and therefore the provision of water for use in fire protection services is also immune.
Cited 18 timesPublished11 Pa. Super. 620 · Superior Court of Pennsylvania · Nov 20, 1899
It was intended to protect the privileges ■and immunities of citizens of the United States that is, such privileges and immunities as belong to them as citizens of the United States, as distinguished from those that belong … A. 470, “it only establishes a rule of evidence by which qualification to practice medicine and surgery is to be determined.”
Cited 8 timesPublishedTexas Court of Appeals, 5th District (Dallas) · Dec 20, 2022
(noting that “there is nothing in sections 614.022–.023 that clearly and –17– unambiguously waives the City’s immunity”); City of Caldwell v. … Thus, immunity will bar even an otherwise proper claim under the UDJA if the claim would have the “effect of establishing a right to relief” for which the Legislature has not waived immunity. Id.
Cited 0 timesPublished
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