Case law

Clements v. Brimfield Twp. Police Dept.

92 N.E.3d 37 · Ohio Court of Appeals · Jun 12, 2017

, qualified immunity, and Clements’ lack of standing to file suit for wrongful eviction. … However, the Brimfield Police clearly sought summary judgment on all of Clements’ claims on sovereign immunity grounds, and Clements did not raise any exceptions to R.C. 2744.03(A)(6) to preclude immunity on this claim

Simmons v. Loose

418 N.J. Super. 206 · New Jersey Superior Court Appellate Division · Jan 31, 2011

Government officials are entitled to qualified immunity from liability for civil damages under Section 1983 "`insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … In analyzing a qualified immunity claim, courts consider whether the law enforcement officer's conduct violated a constitutional right and whether the right was clearly established. Saucier v.

Esparza v. County of Los Angeles

224 Cal. App. 4th 452 · California Court of Appeal · Mar 5, 2014

Mora did not qualify for a position as a deputy sheriff because he failed the background investigation for reasons of “Financial Irresponsibility and Judgment.” … The party asserting collateral estoppels bears the burden of establishing these requirements. (Ibid.)

Purcell v. Frazer

7 Ariz. App. 5 · Court of Appeals of Arizona · Dec 29, 1967

As to this example, the recommendation is made that there be either an absolute or a “qualified privilege.” … The rule of immunity is sufficiently well established as part of the “common law” of this country that, when the Minnesota Supreme Court abrogated the doctrine in that state, it made its decision prospective only (except

Butterfield v. Gray

Court of Appeals of North Carolina · Oct 5, 2021

“[I]t is well- established that the denial of a motion for summary judgment grounded on governmental immunity affects a substantial right and is immediately appealable[.]” Lucas v. Swain Cnty. … ¶ 18 This Court held that the physicians did not qualify as public officials and accordingly were not entitled to immunity from suit in their individual capacities. Id.

the City of Beaumont v. Raul Isern

Texas Court of Appeals, 9th District (Beaumont) · Aug 13, 2020

Isern contends that he has clearly and specifically pleaded the City’s waiver of immunity under the TTCA. … Isern maintains that he clearly and specifically pleaded the City’s waiver of immunity under section 101.021(2). See Tex. Civ. Prac. & Rem. Code Ann. § 101.021(2).

Brown v. Jenne

941 So. 2d 447 · District Court of Appeal of Florida · Oct 25, 2006

The appellees filed motions to dismiss the complaint alleging that they were entitled to absolute immunity, or in the alternative, qualified immunity. … However, the section 1983 liability of the police officers in that case was decided on qualified immunity, not sovereign immunity.

Board Of Trustees Of Purdue University, d/b/a Purdue University and Purdue Calumet Thomas Keon v. Dr. Maurice Eisenstein

87 N.E.3d 481 · Indiana Court of Appeals · Oct 30, 2017

This claim clearly has nothing to do with the other professors. … immunity.

Baznik v. FCA US LLC

Court of Appeals of North Carolina · Nov 2, 2021

FCA US LLC 2021-NCCOA-583 Opinion of the Court of public official immunity and/or qualified immunity, as well as the doctrine of … Stat. § 143B-346 as statutes that clearly establish their positions within NCDOT as these statutes do not establish any position within NCDOT.  BAZNIK V.

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

Vidal v. Leavell

333 Ga. App. 159 · Court of Appeals of Georgia · Jul 23, 2015

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … App. 702 (665 SE2d 401) (2008), is instructive in determining what constitutes malice in the context of an arrest for the purposes of qualified immunity.

Huffman v. City of Willoughby, 2007-L-040 (12-28-2007)

2007 Ohio 7120 · Ohio Court of Appeals · Dec 28, 2007

Rafting on the river clearly qualifies under this standard. {¶ 69} Furthermore, as stated by the Ohio Supreme Court, "[t]he existence of statutory immunity does not depend upon the specific activity pursued by the plaintiff … For example, we recognize immunity to the owner of a park (which qualifies as recreational premises), whether the injury is to one who is jogging in the park, tinkering with a model airplane or reading poetry to satisfy a

F.A. v. W.J.F.

280 N.J. Super. 570 · New Jersey Superior Court Appellate Division · Apr 7, 1995

To qualify for federal aid, states must provide for the reporting of child abuse and furnish immunity to the reporters. Id. at 790, 794; 42 U.S.C.A. § 5103 . … Some jurisdictions provide a qualified immunity to reporters of suspected child abuse.

Bruce Wayne Houser v. Helen R. Bluitt

Texas Court of Appeals, 9th District (Beaumont) · Nov 30, 2006

section 1983, provided the official's conduct does not violate clearly established constitutional or statutory rights of which a reasonable person would have been aware. … Additionally, under a section 1983 action, when a governmental official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant's conduct violated clearly established

Matthew James Leachman v. Doug Dretke, Deborah A. Johnson, Glenda J. Adams, Joseph C. Boyle, and Denise Oncken

Texas 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 of … 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

DeVivo v. Ascher

228 N.J. Super. 453 · New Jersey Superior Court Appellate Division · Oct 25, 1988

In explaining the distinction between absolute privilege and qualified privilege, our Supreme Court stated in Rainier's Dairies v. … Trow, 105 N.J. at 338 , that a qualified privilege may be lost "unless the information is provided to one with a `corresponding interest' in the information."

Delaware County Solid Waste Authority v. Berks County Board of Assessment Appeals

142 Pa. Commw. 424 · Commonwealth Court of Pennsylvania · Sep 17, 1991

was necessary after resolution of the immunity and exemption issues. … Out of these concepts a basic principle has been recognized that property owned by the Commonwealth cannot be taxed by a local taxing body in the absence of a statute clearly authorizing it to do so.

Montgomery County Public Schools v. Donlon

233 Md. App. 646 · Court of Special Appeals of Maryland · Aug 30, 2017

The court also found it “deeply troubling” that MCPS could qualify as a State entity for Eleventh Amendment immunity purposes, but not for WBL purposes. … Having established that SPP § 5-301 states clearly that the WBL applies only to State employees in the executive branch (and applicants), we continue our statutory analysis by examining SPP § 5-307, an election of procedures

Curtis R. Francis, TDCJ-ID 564414 v. TDCJ-CID

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 31, 2007

and for Ford and Horton on their respective affirmative defenses of qualified immunity. … First, she asserted the affirmative defense of qualified immunity.

Kerr v. Olson

59 Wash. App. 470 · Court of Appeals of Washington · Dec 4, 1990

The doctors contend that regardless of the contractual language identifying them as independent contractors, they both qualify under the act as "workers" and as such automatically qualify as co-workers. … We hold that the services of a physician whether engaged in the employment of the employer or working under an independent contract, which is to render personal service, qualifies for third party immunity pursuant to ROW