Case law

Tindall v. County of Nevada

California Court of Appeal · Jun 18, 2025

(See Allyson, supra, 53 Cal.App.4th at p. 1313 [§ 815’s “language is plain,” “unambiguous,” and “clearly intended to ensure that applicable immunity provisions of the Tort Claims Act will prevail over its liability provisions … looking to the Vehicle Code: “Regardless of the fact that a bicycle path may come under the broad brush of being part of the streets and highway system in general,” the type of path the bicyclist was riding on “d[id] not qualify

Rusk State Hospital v. Black

379 S.W.3d 283 · Court of Appeals of Texas · Jun 23, 2010

Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction. Id. at 339 . … Van Dusen, although establishing the cause of death as asphyxiation, also fails to show how the Hospital breached the applicable standard of care.

Bertolis v. Community Unit School District No. 7

Appellate Court of Illinois · Oct 3, 1996

On July 20, 1994, defendants filed a motion to dismiss, citing as one ground for dismissal section 8-101 of the Tort Immunity Act, which establishes a one-year limitation period for actions commenced against local public … Although the Tort Immunity Act clearly establishes a one-year limitation period for actions filed against local public entities, in addition to following the statute of limitations ap- plicable to an action, we must also

Gilman v. MacDonald

74 Wash. App. 733 · Court of Appeals of Washington · Jul 5, 1994

The burden of establishing abuse of a qualified privilege rests on the defamed party, who must show by clear and convincing evidence the declarant’s knowledge of the falsity, or his or her reckless disregard as to the falsity … However, we note that while failure to investigate or act with reasonable grounds for belief in the truth of a statement, without more, is not sufficient to establish abuse of a qualified privilege, it is nonetheless evidence

SPANE v. CENTRAL OKLAHOMA COMMUNITY ACTION AGENCY

346 P.3d 437 · Court of Civil Appeals of Oklahoma · Feb 5, 2015

The State of Oklahoma does hereby adopt the doctrine of sovereign immunity. … [COCAA] should be de[-]designated at any point"; that termination of the community action agency status for COCAA has never been recommended; that ODOC has continually recognized COCAA as a community action agency; that qualifying

Cooper v. Delaware Valley Medical Center

428 Pa. Super. 1 · Superior Court of Pennsylvania · Jun 28, 1993

Clearly, a review of Judge Biester’s opinion establishes that he granted summary judgment in favor of DVMC on the basis that the hospital was a private institution and therefore no state action was involved in its decisions … Clearly, the Legislature recognized that hospitals, as organizations, are involved in the Peer Review Process.

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.

Annab v. Harris County

524 S.W.3d 793 · Court of Appeals of Texas · Mar 14, 2017

An-nab’s pleadings state that Caplan shot and *806 severely injured her, clearly an intentional tort. … The court expressly did not decide whether the plaintiffs negligence claims fell.within the waiver of immunity contained in the TTCA or whether they were barred by immunity for other reasons. Id. at 60-61 .

William M. v. Laub

149 A.D.2d 475 · Appellate Division of the Supreme Court of the State of New York · Apr 10, 1989

An analysis of Social Services Law § 419 and its companion provisions of the Child Protective Services Act (Social Services Law, art 6, tit 6) establishes that the immunity afforded by the statute extends to those such as … Social Services Law § 419 grants a qualified immunity from civil or criminal liability to "[a]ny person, official, or institution participating in good faith in the providing of a service pursuant to section four hundred

Lisack v. Natural Resources & Environmental Protection Cabinet

840 S.W.2d 835 · Court of Appeals of Kentucky · Nov 6, 1992

Exmet’s business plan did not contemplate the establishment of a hazardous waste treatment center. … not a matter of choice, but of constitutional mandate for public agencies that qualify for state sovereign immunity under the Kentucky Constitution, §§ 230 and 231.

Mitchell v. Steffen

487 N.W.2d 896 · Court of Appeals of Minnesota · Aug 4, 1992

Appellant notes the statute has clearly not impeded the named respondents’ rights to travel. … The court concluded that even if such an action was recognized in Minnesota, appellant was immune from money damages under the doctrine of sovereign immunity.

Shepherd v. Jones

136 Cal. App. 3d 1049 · California Court of Appeal · Oct 27, 1982

Respondents have qualified immunity from liability. … The grant of qualified immunity for public officials presupposes that mistakes will be made. However, “[t]here must be a degree of immunity if [our] schools or cities are to function effectively. [Citation.]

Milliron v. County of San Juan

10 N.M. 631 · New Mexico Court of Appeals · Aug 4, 2016

The district court ruled that, under any legal 8 theory, the facts alleged were insufficient to establish a waiver of the governmental 9 immunity granted by Section 41-4-4(A). … Appellant’s complaint did not allege facts sufficient to establish a 10 waiver of the governmental immunity granted by Section 41-4-4(A), Appellees are 11 immune from tort liability.

Scott v. City of New York

16 A.D.3d 485 · Appellate Division of the Supreme Court of the State of New York · Mar 14, 2005

The City failed to establish, prima facie, its entitlement to judgment as a matter of law on its defense of qualified immunity (see Ernest v Red Cr. Cent. School Dist., 93 NY2d 664, 673 [1999]; cf. … Affleck v Buckley, 96 NY2d 553, 557 [2001] [for qualified immunity to attach, the traffic study must consider the very same question of risk that would go to the jury]).

Penthouse, Inc. v. Saba

399 So. 2d 456 · District Court of Appeal of Florida · Jun 3, 1981

(and all other county officials) would have had only qualified immunity for their acts in implementing and enforcing (executive power) such an ordinance. … The existence of qualified immunity is a question of fact and, when properly presented, cannot be resolved summarily. Sims v. Adams, 537 F.2d 829, 832 [6] (C.A. 5th 1976).

Norris v. City of Lincoln Park Police Officers

292 Mich. App. 574 · Michigan Court of Appeals · Mar 10, 2011

In Odom v Wayne Co, 482 Mich 459, 468, 480 ; 760 NW2d 217 (2008), the Supreme Court concluded that lower-level employees are entitled to qualified immunity from tort liability for intentional torts when the acts were undertaken … Therefore, the trial court erred by holding that factual issues prevented the application of qualified immunity for the intentional tort claims. 4 *582 The trial court also erred by denying defendant Vann’s motion for summary

Valdez v. City of Ottawa

105 Ill. App. 3d 972 · Appellate Court of Illinois · Apr 22, 1982

As to Kossaris, the court granted his motion for summary judgment, ruling that he was not the chief of police during the periods of time material here and that he was immune from suit under the doctrine of qualified immunity … the doctrine of qualified immunity.

Hutton v. Logan

152 N.C. App. 94 · Court of Appeals of North Carolina · Aug 6, 2002

Good Samaritan statutes often require the person providing the emergency care to do so “in good faith” and without expecting payment for the assistance in order to qualify for the statutory immunity. … We disagree. “ ‘[A] directed verdict for defendant on the basis of contributory negligence [is] proper only if the evidence, taken in the light most favorable to the plaintiff [establishes plaintiff’s] [] negligence so clearly

Geneke Antonio Lyons v. Trooper Jason Henderson, the Texas Department of Public Safety, and the State of Texas

Texas Court of Appeals, 7th District (Amarillo) · May 19, 2008

By their Plea, the defendants alleged that sovereign immunity barred Lyons’s suit against the State and TDPS and that Henderson was protected by both qualified and official immunity. … Thus, for Lyons to maintain suit against any of the defendants named in his suit, he must state facts in his pleading that establish that the defendants are either outside of the protection of sovereign immunity or that

Hill ex rel. Hill v. Joseph

94 La.App. 1 Cir. 1859 · Louisiana Court of Appeal · May 5, 1995

Herein, the defendant brought the peremptory exception of no cause of action based upon the affirmative defense of absolute or qualified prosecutorial immunity. … “However, since this immunity is conferred on the district attorney solely by virtue of the office he holds, the rule becomes different if the district attorney acts in a matter clearly outside the authority or jurisdiction