Case law

RASHAWNDA SMALL v. CHATHAM COUNTY

Court of Appeals of Georgia · Jul 1, 2021

in their discretion, made the legal custodians and distributors of all moneys up to $15,000.00 due and owing to any minor or incapacitated adult who is in need of a conservator but who has no legal and qualified … And, “[i]n order for a third party to have standing to enforce a contract, it must clearly appear from the contract that it was intended for his benefit.

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.”

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.

Stone v. Northmont City Schools

187 N.E.3d 54 · Ohio Court of Appeals · Apr 1, 2022

and established that employee negligence caused Bruce’s injuries, the Stones could not also establish that the physical defect exception applies here, and political subdivision immunity should apply. … “To qualify for recreational-user immunity, property need not be completely natural, but its essential character should fit within the intent of the statute.” Id.

Nancy Doty, Inc. v. Wildcat Haven, Inc.

297 Or. App. 95 · Court of Appeals of Oregon · Apr 17, 2019

qualifies the person for exemption under this section ." … qualifies the person for exemption under this section."

Zakee Kaleem Abdullah v. State

Texas Court of Appeals, 6th District (Texarkana) · Mar 14, 2008

The trial court in this case dismissed Abdullah's current suit on the basis of judicial and qualified immunity. Abdullah appeals that dismissal. … But our opinion in our prior case has already established that. Abdullah is not entitled to another judgment on that point.

Zakee Kaleem Abdullah v. State

Texas Court of Appeals, 6th District (Texarkana) · Mar 14, 2008

The trial court in this case dismissed Abdullah's current suit on the basis of judicial and qualified immunity. Abdullah appeals that dismissal. … But our opinion in our prior case has already established that. Abdullah is not entitled to another judgment on that point.

Teran v. Valdez

929 S.W.2d 37 · Texas Court of Appeals, 13th District · Jul 11, 1996

The procedure for invoking the defense of official immunity for government employees renders the official immune from suit, not just immune from liability, based on considerations such as: the importance of avoiding distraction … Forsyth, 472 U.S. 511, 525-26 , 105 S.Ct. 2806, 2814-15 , 86 L.Ed.2d 411 (1985) (addressing right to interlocutory appeals from denial of summary judgment based on qualified immunity to section 1983 claims).

Nicholas v. North Colorado Medical Center, Inc.

1999 Colo. J. C.A.R. 6603 · Colorado Court of Appeals · Dec 9, 1999

However, as if the statutory immunity were insufficient, the CPRA also tries to qualify the peer review process as "state action" exempt from liability under the Sherman Act. … To the contrary, we conclude as a matter of law that NCMC's procedure violated Nicholas' due process right to a fair and impartial determination by the Board, a clearly established right. See deKoevend v.

UTELCOM, Inc. v. Bridges

2010 La.App. 1 Cir. 0654 · Louisiana Court of Appeal · Sep 12, 2011

Clearly, as someone involved in the daily operation of the companies, Mr. … Pearson’s affidavit does not qualify him as an expert, and the trial court | ncertainly did not accept him as one. Nothing in his affidavit demonstrates that he is qualified to render a legal opinion.

McCord v. City of New York

298 A.D.2d 438 · Appellate Division of the Supreme Court of the State of New York · Oct 15, 2002

The Supreme Court granted the respondents’ motion for summary judgment, concluding, among other things, that the decision to lock the doors was protected by the doctrine of qualified immunity. … Consequently, the doctrine of qualified immunity is applicable and the Supreme Court properly granted the respondents’ motion. Altman, J.P., Smith, H. Miller and Adams, JJ., concur.

R. L. (Butch) Conway, in His Official Capacity as Sheriff of Gwinnett County v. Janise Latrell Jones

Court of Appeals of Georgia · Oct 25, 2019

On appeal, Jones again cites no case law or authority to establish a waiver of sovereign immunity. … an official policy or custom of Gwinnett County that led to her injuries, and he is entitled to qualified immunity in his individual capacity.

Stramka v. Salt River Recreation, Inc.

179 Ariz. 283 · Court of Appeals of Arizona · Jul 21, 1994

We conclude that SRR does not qualify for the immunity granted by the recreational use statute because it is not an “occupant” of the premises in question. … Whether SRR qualifies for statutory immunity requires consideration of the purposes of the statute and of SRR’s purposes for being on the land.

Murray-Obertein v. Georgia Government Transparency and Campaign Finance Commission.

812 S.E.2d 28 · Court of Appeals of Georgia · Feb 23, 2018

In moving for summary judgment, the Commission asserted that even though the WBA waives sovereign immunity, see Colon v. … In construing the provisions of the WBA, we have held that to establish a claim under the statute, a public employee must demonstrate that (1) she was employed by a public employer; (2) she made a protected disclosure or

White v. State ex rel. Harris

122 P.3d 484 · Court of Civil Appeals of Oklahoma · Jun 17, 2005

waive any of the immunities afforded by the Eleventh Amendment, state sovereign immunity, or any absolute or qualified immunity held by directors, officers, employees, or members of insured state agencies. … Investigative acts that fall outside the scope of absolute immunity are accorded qualified immunity. (Citations omitted). .

State v. Youde

174 Wash. App. 873 · Court of Appeals of Washington · May 20, 2013

Youde handed the undercover officer six grams of marijuana in exchange for *877 $90, without making any effort to verify that he was qualified as a medical user. … It is well established that a waiver of sovereign immunity must be unequivocally expressed; it cannot be implied. E.g., United States v. Testan, 424 U.S. 392, 399 , 96 S. Ct. 948 , 47 L.

Franklin v. Consolidated Government of Columbus

236 Ga. App. 468 · Court of Appeals of Georgia · Feb 15, 1999

Under this statute, “Government officials performing discretionary functions are granted a qualified immunity shielding them from imposition of personal liability pursuant to 42 USC § 1983 insofar as their conduct does not … violate clearly established statutory or constitutional rights of which a reasonable person would have known.

MARZIALE v. BROWN

Court of Appeals of Arkansas · Oct 8, 2025

This is known as statutory immunity. To determine whether a state actor is entitled to statutory immunity, “the court has traditionally been guided by the federal standard for qualified immunity.” Koontz v. … Therefore, Brown “is entitled to qualified immunity unless (1) [appellants have] alleged facts that demonstrate the deprivation of an actual constitutional right, and (2) the right was clearly established at the time of

Vaquera v. Salas

810 S.W.2d 456 · Court of Appeals of Texas · May 31, 1991

; qualified immunity of Salas. … under the doctrine of qualified immunity; Salas and the City were entitled to sovereign immunity; and, since Salas was not liable, the City could not be liable under the doctrine of respondeat superior.

The City of Lytle, Texas, Ruben Gonzalez, Miguel Aguirre, Ruben Gonzalez, Michael Rodriguez, and Matthew Martinez v. Lytle MHC Real Estate, LLC

Texas Court of Appeals, 4th District (San Antonio) · Apr 29, 2026

Accordingly, to demonstrate subject matter jurisdiction, LRE must allege facts sufficient to establish a waiver of governmental immunity. … While this provision provides a waiver of governmental immunity, by its own terms, that waiver is still limited to circumstances in which the plat at issue qualifies for approval.