Case law

Braillard v. Maricopa County

224 Ariz. 481 · Court of Appeals of Arizona · May 27, 2010

(iv) Qualified immunity ¶39 Nor are we persuaded by the claims of qualified immunity asserted by the detention officers, Rodriguez, and Arpaio in his personal capacity. 10 The doctrine of qualified immunity protects government … Instead, the Court has held a right is clearly established when “in the light of pre-existing law the unlawfulness ... [is] apparent.” 11 Hope v.

Mission Consolidated Independent School District v. Garcia

314 S.W.3d 548 · Texas Court of Appeals, 13th District · May 27, 2010

Age Discrimination To establish a prima facie case of age discrimination, a plaintiff must show: *556 (1) that she was discharged; (2) that she was qualified for the position; (3) that she was in the protected class at the … Notwithstanding the lack of briefing or argument, the supreme court considered the waiver issue 9 and concluded that the “TCHRA clearly and unambiguously waives immunity.” Garcia, 253 S.W.3d at 660 .

Whitesell v. Newsome Ex Rel. Doe

138 S.W.3d 393 · Texas Court of Appeals, 14th District (Houston) · Jun 17, 2004

Whitesell further testified that he provided Durham with a list of employees who were qualified to drive buses for BISD, including the fact that they had the requisite criminal record check, and Johnson was on that list. … In this case, Whitesell does not controvert that he violated section 22.084(b) of the Education Code, a provision which clearly delineates the duties of a professional employee of a school with respect to obtaining approval

Texas Department of Aging and Disability Services v. Claudia Gomez

Texas Court of Appeals, 8th District (El Paso) · Aug 30, 2024

Gomez responded, arguing that there was sufficient jurisdictional evidence to support her claims, thereby establishing waiver of DADS’s immunity. … Age and gender discrimination A prima facie case of age or sex discrimination is established by producing evidence that the plaintiff (1) is a member of the protected class; (2) was qualified for the position;

Seals v. City of Dallas

249 S.W.3d 750 · Texas Court of Appeals, 5th District (Dallas) · Mar 26, 2008

In an employment-at-will situation, written policies and personnel procedure manuals are not considered contractual absent express language clearly indicating contractual intent. See Williams v. First Tenn. … Appellants contend Muncy establishes their property interest that was taken when appellee allegedly violated its written rules and procedures.

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

Brown v. Hensley

515 S.W.3d 442 · Court of Appeals of Texas · Jan 26, 2017

each element of their affirmative defense of immunity under the Texas Charitable Immunity and Liability Act. … To establish their affirmative defense of immunity under the Act, the Board members were required to conclusively prove that each was a volunteer, the Association was a qualified organization as defined by the Act, 4 and

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.

Bennett v. Detroit Police Chief

274 Mich. App. 307 · Michigan Court of Appeals · May 14, 2007

Plaintiff did not meet his burden of establishing a genuine issue of material fact for trial. … Even if plaintiff could establish a genuine issue of material fact with respect to the Mayor’s involvement, Mayor Kilpatrick would enjoy the same governmental immunity as do Chief Oliver and the city of Detroit.

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

In the Interest of: A.W., JR., a Minor

187 A.3d 247 · Superior Court of Pennsylvania · May 4, 2018

Court orders for the child to receive all vaccinations forthwith”, without a proper factual and legal basis being established at the hearing of this matter . . . ? 2. … The record establishes that S.W., A.W., Jr., J.W., and M.W. are at risk without the additional medical monitoring and treatment that Parents oppose. Parents will not consent to the administration of vaccinations.

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.

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 .

People v. Galambos

128 Cal. Rptr. 2d 844 · California Court of Appeal · Dec 26, 2002

As for others, he could have attempted to qualify as a primary caregiver for particular individuals whom he wanted to help, but failed to qualify himself for this legal alternative. … Defendant did not qualify as a primary caregiver under this statute.

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.

Thorne v. Toledo

256 N.E.3d 907 · Ohio Court of Appeals · Nov 1, 2024

Qualified immunity protects state officials against liability under 42 U.S.C. § 1983 so long as ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person 19. … He states that “[r]etaliation by a government official against a person for exercising their right to freedom of speech – even if the speech is critical of the government official or government policy – is a clearly established

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 the