Case law

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

City of Canyon v. Fehr

121 S.W.3d 899 · Texas Court of Appeals, 7th District (Amarillo) · Dec 8, 2003

The first and second concern the doctrines of sovereign immunity and standing, respectively. … Issue One — Sovereign Immunity Canyon initially argues that the doctrine of sovereign immunity barred the suit. We disagree and overrule the point.

University of Florida Board of Trustees v. Andrew

961 So. 2d 375 · District Court of Appeal of Florida · Jul 31, 2007

On appeal, Appellees established that the university’s presence in Columbia County meets the statutory requirements; therefore, venue is proper. We affirm. … The statute clearly provides that any “substantial” presence will qualify.

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.

Fox v. Wills

151 Md. App. 31 · Court of Special Appeals of Maryland · May 6, 2003

, that the complaint against them was for negligence, and therefore the court did not need to determine if they were entitled to absolute judicial immunity because, qualified immunity was sufficient to protect them). … We need not address whether the guardian ad litem in this case enjoys absolute judicial immunity because his qualified immunity is clear.

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

Eichhorn v. Lamphere School District

166 Mich. App. 527 · Michigan Court of Appeals · Feb 17, 1988

Accordingly, defendant City of Madison Heights Police Department, in accordance with the rule established in Smith v Dep’t of Public Health, supra, regarding intentional torts and governmental immunity, and defendant Bryan … See Ross, supra, pp 593-594 . 7 See n 5, supra. 8 The Smith Court qualified its holding that there exists no "intentional tort” exception to 0overnmental immunity by noting that "the intentional use or misuse of a badge of

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

Smith v. Ohio State University Hospitals

110 Ohio App. 3d 412 · Ohio Court of Appeals · Apr 16, 1996

Clearly, University Hospitals entered into a contractual obligation with the Department of Rehabilitation and Correction (“DRC”) to provide medical services to the inmates at the Orient Correctional Institution. … Clearly a surgeon’s skills, knowledge, experience and expertise are unique and cannot be duplicated by others not similarly qualified.

Brace v. City of Lakewood

899 P.2d 301 · Colorado Court of Appeals · Jul 31, 1995

In addition, the individual defendants asserted that they had acted in good faith and were entitled to qualified immunity with respect to the constitutional claims and the alleged violations of § 1983. … Relying on various decisions from the federal courts, defendants also contend that we must reverse the denial of summary judgment on their assertions of qualified immunity from plaintiffs' federal claims.

Deana Pollard Sacks v. Thomas Hall and Gregory R. Travis

Texas Court of Appeals, 1st District (Houston) · Nov 20, 2014

The attorney’s qualified immunity generally applies even if conduct is wrongful in the context of the underlying lawsuit. Alpert, 178 S.W.3d at 405. … employment guides); Bradt, 892 S.W.2d at 72 (citing, as an example of behavior not protected by qualified immunity, an attorney’s assault of his opposing counsel during trial).

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.

Maxwell v. Washington Metropolitan Area Transit Authority

98 Md. App. 502 · Court of Special Appeals of Maryland · Dec 7, 1993

The garage shall be clearly marked as property of the County. Section 5.04. WMATA shall have a permanent right to approve all signs erected by the County.... Section 5.06. … The County will operate the garage facility within parameters established by the WMATA Board in compliance with the WMATA Compact requirements.

Mitchell v. Board of Indus. Ins. Appeals

34 P.3d 267 · Court of Appeals of Washington · Nov 13, 2001

A statute affords qualifying veterans a preference in public employment in recognition of service rendered to their country. … Mitchell argues that this statute establishes an absolute preference for veterans who have the physical capacity to do a job.

Kittler v. Eckberg, Lammers, Briggs, Wolff & Vierling

535 N.W.2d 653 · Court of Appeals of Minnesota · Oct 25, 1995

a qualified, judicial action privilege. … The court also noted that “the letter was clearly a solicitation for additional clients.”

Rubin v. Glaser

166 N.J. Super. 258 · New Jersey Superior Court Appellate Division · Feb 1, 1979

Clearly, under this provision appellants, as residents of Pennsylvania whose New Jersey home is used only for a few weeks of each year for vacation purposes, do not qualify for the rebate. They do not contend otherwise. … This purpose was clearly evidenced by use of the term "homestead," a word particularly associated with an owner's principal residence.

Dickerson Carolina, Inc. v. Harrelson

114 N.C. App. 693 · Court of Appeals of North Carolina · May 17, 1994

Public officials cannot be liable for damages in a civil rights action based on federal law unless clearly established statutory or constitutional rights of which a reasonable person would have known have been violated. … Ed. 2d 411, 426 (1985) (Public officials are immune unless “the law clearly proscribed the actions [they] took.”).

Hehre v. DeMarco

421 N.J. Super. 501 · New Jersey Superior Court Appellate Division · Aug 18, 2011

"A qualifying organization does not lose its statutory immunity merely because it charges money for its services, unless it makes a profit or collects fees for services totally unrelated to its organizational pursuits." … Having established the applicability of immunity conferred by N.J.S.A. 2A:53A-7(a), we must determine whether N.J.S.A. 2A:53A-7(c)(2) in any way erodes or vitiates this immunity.

Hawkins v. Walvoord

25 S.W.3d 882 · Texas Court of Appeals, 8th District (El Paso) · Aug 3, 2000

Judge Fitz-Gerald held a hearing, found that Hawkins was qualified, competent, and fully capable of representing Sundy, and denied the motion. … Spark-man: 14 absolute immunity extends to all judicial acts unless such acts fall clearly outside the judge’s subject-matter jurisdiction. 15 In determining whether absolute judicial immunity applies, we face a two-part

Stoll v. Gardner

182 Ohio App. 3d 214 · Ohio Court of Appeals · Apr 22, 2009

We address the issues of governmental and qualified immunity separately- Stone and Alexander — Governmental Immunity {¶ 13} R.C. 2744 et seq. provides governmental immunity to political subdivisions and their employees. … Gardner — Qualified Immunity {¶ 37} Private citizens are afforded qualified immunity when they provide governmental authorities with information to assist in the prevention or detection of a crime. Leitner v.