Case law

Mark Dubose and Hollie Oliver v. Brandon Allen Nelson

Texas Court of Appeals, 9th District (Beaumont) · Apr 30, 2026

Appellants argued that Nelson failed to demonstrate a waiver of immunity because his pleadings establish that his proposed subdivision contains a public road, that platting is 5 … it clearly states that immunity from suit is waived for claims arising out of actions taken by governmental officials contrary to Chapter 245 of the Local Government Code.

Bayer v. Township of Union

414 N.J. Super. 238 · New Jersey Superior Court Appellate Division · Jul 7, 2010

A government official is entitled to qualified immunity from liability for civil damages under section 1983 unless his conduct violated "clearly established statutory or constitutional rights of which a reasonable person … Qualified immunity is an immunity from suit rather than a defense to liability; the benefit of the immunity is effectively lost if the case is allowed to go to trial. Mitchell v.

Tex. S. Univ. v. Mouton

541 S.W.3d 908 · Court of Appeals of Texas · Jan 11, 2018

Mouton brought several allegations relating to inadequate security: that TSU did not provide enough security, hired incompetent security personnel that were not properly qualified or trained, failed to adequately supervise … ("[N]owhere does the petition allege facts to establish a nexus between the lifeguard stations or chairs and [the] injury.

Merice v. County of Westchester

305 A.D.2d 383 · Appellate Division of the Supreme Court of the State of New York · May 5, 2003

The Supreme Court properly denied the appellant’s motion for summary judgment since the appellant failed to demonstrate that it was entitled to the qualified immunity protection afforded by Social Services Law § 149. … It is well settled that a claim of qualified immunity cannot be raised to bar inquiry into an agency’s or county’s alleged negligent supervision of children in foster care (see Barnes v County of Nassau, 108 AD2d 50 [1985

State v. Birdsong

452 So. 2d 1236 · Louisiana Court of Appeal · Jun 6, 1984

Montana, 421 So.2d 895 (La. 1982) established the rule that a qualified expert witness cannot express to the jury an expert opinion on an ultimate question of fact to be determined by the jury. … Here, Philander Birdsong is clearly a potential target of prosecution. Hence, the trial judge correctly denied defense witness immunity in this case. Therefore, we find this assignment of error to be without merit.

City of Hempstead v. Kmiec

902 S.W.2d 118 · Texas Court of Appeals, 1st District (Houston) · Jun 15, 1995

As to the Chief individually, the motion alleged the Chief was entitled to qualified immunity; as to the Chief officially, the motion alleged the Chief was entitled to summary judgment if the City was entitled to it. … Official immunity is also called qualified immunity. Travis v. City of Mesquite, 830 S.W.2d 94 , 100 n. 2 (Tex.1994) (Cornyn, J., concurring).

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).

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.

Dobson v. McClennen

236 Ariz. 203 · Court of Appeals of Arizona · Nov 4, 2014

The court must assign to each word its “usual and commonly understood meaning” unless the Legislature “clearly intended” otherwise. Bilke v. … The AMMA Provisions Do Not Provide Immunity For An A.R.S. § 28-1381(A)(3) Charge. ¶ 17 Petitioners claim the AMMA contains two “immunity provisions,” which they allege “are clear on their face.”

Keeney v. Missouri Highway & Transportation Commission

70 S.W.3d 597 · Missouri Court of Appeals · Feb 19, 2002

The petition the trial court dismissed alleged she was denied promotion to the position of construction inspector; that she was qualified for the position; that the male employee who was promoted to the position was not qualified … Section 213.020 establishes the Missouri Commission on Human Rights. Its powers and duties are prescribed by § 213.030.

Kirk v. City of Newark

212 N.J. Super. 201 · New Jersey Superior Court Appellate Division · Aug 4, 1986

Leon, 468 U.S. [897], 82 L.Ed.2d 677 , 104 S.Ct. 3405 (1984)] defines the qualified immunity accorded an officer whose request for a warrant allegedly caused an unconstitutional arrest. … The test the jury was instructed to apply lacked substantial definition and clearly could have prejudiced defendant’s right to have the benefit of the qualified immunity to which she was *209 entitled.

Northwestern Financial Group, Inc. v. County of Gaston

110 N.C. App. 531 · Court of Appeals of North Carolina · Jun 15, 1993

However, we need not address this part of defendants’ appeal because the issues of qualified immunity and absolute immunity are not properly before this Court. … In their brief, defendants expressly abandoned their qualified immunity defense, choosing to rely exclusively on absolute immunity.

Clement v. City of Plano

26 S.W.3d 544 · Texas Court of Appeals, 5th District (Dallas) · Aug 24, 2000

Nunns is entitled to qualified or official immunity from suit. B. Plaintiffs have failed to state a cause of action against Glasscock under the Texas Tort Claims Act. C. … Glasscock is entitled to qualified or official immunity from suit. D. The City is entitled to judgment as a matter of law as Nunns and Glas-scock are not personally liable to the Plaintiffs.

Costa v. Plainville Bd. of Educ.

175 Conn. App. 402 · Connecticut Appellate Court · Aug 15, 2017

‘‘The standards governing our review of a trial court’s decision to grant a motion for summary judgment are well established. … Accordingly, the student in Jahn, who was injured during an extracurricular swim meet, did not qualify as an identifiable person.

Doe v. Park Center High School

592 N.W.2d 131 · Court of Appeals of Minnesota · Apr 27, 1999

The government entity bears the burden of establishing immunity. Nusbaum, 422 N.W.2d at 722 . The supreme court’s recent decision, S.W. v. Spring Lake Park Sch. Dist. … The district court stated the policy issues as clearly as possible when it noted: Dr.

People v. Redden

290 Mich. App. 65 · Michigan Court of Appeals · Sep 14, 2010

patients in an enclosed, locked facility. • Require Department of Community Health to establish an identification card system for patients qualified to use marijuana and individuals qualified to grow marijuana. • Permit … First, the prosecution clearly did raise the issue below.

Brown v. City of Bordentown

348 N.J. Super. 143 · New Jersey Superior Court Appellate Division · Jan 16, 2002

The Law Division judge denied this motion on the ground that Lynch was entitled only to "qualified immunity subject to good faith." As noted, we affirm this denial of summary judgment as to Lynch with modification. … Lynch headed the Department of Public Safety under the distribution of powers scheme established in the City's government. N.J.S.A. 40:72-4.

Hillman v. Columbia County

164 Wis. 2d 376 · Court of Appeals of Wisconsin · Aug 29, 1991

Therefore, the defense of qualified immunity is not available to defendants. 689 F. Supp. at 877 (citations omitted). We agree. … We conclude the individual defendants are not immune from suit under the qualified immunity doctrine.

Franson v. Radich

84 Or. App. 715 · Court of Appeals of Oregon · Apr 15, 1987

They also knew, or should have known, that plaintiffs sought the advice of their doctors and other qualified professionals and that plaintiffs acted in reliance thereon as to what was the appropriate care for their infant … The federal statute provides that, in order for a state to qualify for funding, it shall “have in effect a State child abuse and neglect law which shall include provisions for immunity for persons reporting instances of child

Hines v. Yates

171 N.C. App. 150 · Court of Appeals of North Carolina · Jul 5, 2005

Defendants answered and asserted *155 defenses of sovereign immunity, qualified immunity, and that plaintiff was an “at will employee.” Defendants moved for summary judgment. … Hurley argues public official immunity and qualified immunity bar this claim. “Governmental immunity protects the governmental entity and its officers or employees sued in their ‘official capacity.’ ” Taylor v.