Case law

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.

Sattler v. Northwest Tissue Center

110 Wash. App. 689 · Court of Appeals of Washington · Mar 18, 2002

The standard of good faith is objective; it affords immunity to qualified individuals and entities who demonstrate that they acted with an honest belief, without malice and without a design to defraud or to seek an unconscionable … We conclude Northwest qualifies as an “other person” and is entitled by statute to assert the defense.

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

Lubbock County Water Control and Improvement District No. 1 v. Jonathan Rodriguez and Abrisian Rodriguez, Individually and as Next Friends of E.R., R.R., and A.R., Minors

Texas Court of Appeals, 7th District (Amarillo) · Jun 11, 2024

While Rodriguez’s pursuits earlier in the day, such as swimming and picnicking at the lake, clearly qualify as “recreation,” our focus must be on his activity at the time he was injured, namely watching a fireworks display … In light of our disposition of WCID’s first issue, we need not address its second, in which it contends that Appellees failed to establish gross negligence. See TEX. R. APP.

Southeastern Pennsylvania Transportation Authority v. City of Philadelphia

20 A.3d 558 · Commonwealth Court of Pennsylvania · Apr 13, 2011

Clearly then, as an agency and instrumentality of the Commonwealth, SEPTA qualifies as an "employer" for purposes of the Act, subject to the jurisdiction of the PHRC. … Since the Commission does not have jurisdiction over SEPTA, the petition is not clearly insufficient to establish SEPTA's right to injunctive relief.

City of Treasure Island v. PROVIDENT MGMT.

738 So. 2d 357 · District Court of Appeal of Florida · Jun 11, 1999

Because there were few, if any, comparable sales of such businesses to use as a benchmark for the fair market value of the business, Provident's qualified expert relied upon total capitalized net cash flow to establish a … As Provident argues, it is difficult to square this holding with a determination that total immunity exists. We have struggled with the nature of a claim for wrongful injunction. It clearly is not a claim in contract.

Mesquite Independent School District v. Mendoza

441 S.W.3d 340 · Texas Court of Appeals, 5th District (Dallas) · Jun 3, 2013

The District argued it had not waived its immunity from suit because Mendoza could not establish a prima-facie case of sex and national-origin discrimination as she was replaced by a Hispanic … IMMUNITY FROM SUIT Governmental entities are immune from suit unless the government has clearly and unambiguously waived its immunity. See TEX. CIV. PRAC. & REM.

Brewer v. Trimble

902 S.W.2d 342 · Missouri Court of Appeals · Jun 23, 1995

right of plaintiff which was so clearly established that a reasonable police officer would understand that his conduct violated such right.” … Defendant would be immune from liability if he had not known, or should not have known, that his conduct violated a clearly established constitutional right.

Pettineo v. City of Philadelphia Law Department-Claims Division

721 A.2d 65 · Commonwealth Court of Pennsylvania · Nov 4, 1998

In its answer to Pettineo’s complaint, the City contended that it was immune from suit and raised the defense of governmental immunity under Section 8541 of the Act. … Thus, we hold it was error to grant the City’s post-trial motion for judgment n.o.v. because the jury’s verdict was not clearly incorrect as a matter of law. Accordingly, we will reverse the trial court’s decision.

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.

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

Marqueth Wilson v. Texas Workers' Compensation Commission

Texas Court of Appeals, 12th District (Tyler) · Nov 13, 2003

Wilson's third and fourth issues, as well as certain arguments in his first issue, relate to official immunity and qualified immunity. … A party can establish consent by referencing a statute or a legislative resolution clearly and unambiguously granting consent. Id. ; University of Texas Med. Branch v. York , 871 S.W.2d 175, 177 (Tex. 1994).

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

William C. Dear v. City of Irving and Benny Newman

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

"This immunity, variously known as governmental, official, quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability. … Under federal law, the defense of qualified immunity applies only if the officer's actions involved the exercise of discretionary duties. See Streetman v. Jordan , 918 F.2d 555, 556 (5th Cir. 1990).

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).

Barron v. Menard

Vermont Superior Court · Apr 7, 2017

. § 803, and that each defendant has qualified immunity.1 In opposition to summary judgment, Mr. … The State seeks leave to amend its answer to include qualified immunity among its defenses. Mr. Barron has not opposed this motion, and the court grants it. The State asks the court to strike Mr.

El Paso County v. Juana M. Avila

Texas Court of Appeals, 8th District (El Paso) · Mar 27, 2024

ANALYSIS In its sole issue, the County asserts the trial court erred in denying its plea to the jurisdiction because Avila failed to establish a valid waiver of immunity. … This Court held that “the waiver of immunity in this dispute was established before this suit was ever filed.”