Case law

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

Rosalinda E. Romero v. Texas Permanent School Fund Corp.

Texas Court of Appeals, 15th District · Aug 27, 2026

Hart, 3  Section 122.001(a) does not clearly and unambiguously waive the Fund’s immunity. … But deleting the word “private” cannot substitute for language clearly waiving immunity, for the reasons we’ve discussed.

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

Commonwealth v. Finn

11 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.”

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

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

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.

Russell v. City of Seymour

836 S.W.2d 283 · Court of Appeals of Texas · Jul 23, 1992

Assuming, without deciding, that Section 101.021(1)(A) waives immunity in all tort cases for the “non-use” of an available motor vehicle, the evidence conclusively establishes that no official request was made to Seymour … Encouraging the legislature to cure this problem in a future session, Greenhill answered his own argument that clearly it was not the legislature’s intent to waive immunity in all tort cases: But if they mean that the Legislature

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

Loder v. St. Thomas Greek Orthodox Church

295 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Nov 25, 1996

Consequently, the judge awarded summary judgment against plaintiffs on the ground that the church qualified for immunity from personal injury liability under the Act. … In analyzing whether an entity qualifies for charitable immunity, the Act directs that [t]his act shall be deemed to be remedial and shall be liberally construed so as to afford immunity to the said corporations, societies

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.

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.

Upjohn Co. v. Ohio Department of Human Services

77 Ohio App. 3d 827 · Ohio Court of Appeals · Oct 24, 1991

The Medicaid program established under Title XIX of the Social Security Act, Section 301, Title 42, U.S.Code, provides federal funds to reimburse states for medical assistance furnished to qualifying individuals based on … Under Ohio Adm.Code 5101:3-9-02, ODHS established the Ohio Medicaid Drug Formulary, which lists drugs that qualify for automatic reimbursement.

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."

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.

Kuehne v. Hogan

321 S.W.3d 337 · Missouri Court of Appeals · Jun 8, 2010

But Pennsylvania denied immunity to public defenders strictly because that state’s official immunity doctrine established by common law only applies to policy-making officials and does not extend to “mere public employees … Immunity also aids in the recruitment of qualified attorneys to represent indigent clients in criminal proceedings.