Case law

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.

Broadmoor Apartments, Inc. v. Collector of Revenue

336 So. 2d 332 · Louisiana Court of Appeal · Jun 30, 1976

The tax involved herein is assessable upon a corporation’s qualifying to do business or actually doing business in the state. … The record establishes conclusively that Appellants were in fact acting as Owners’ agents in the transactions involved herein.

Stephen Kudzia v. Avasi Services Inc

Michigan Court of Appeals · Oct 23, 2014

and preemption provisions.5 As noted above, the MMMA’s immunity clause provides in relevant part as follows: A qualifying patient who has been issued and possesses a registry identification … The disqualification clearly amounted to a penalty imposed upon claimants for their medical use of marijuana that ran afoul of the MMMA’s immunity clause.

Rozsavolgyi v. City of Aurora

2016 IL App (2d) 150493 · Appellate Court of Illinois · Sep 14, 2016

Therefore, the City clearly cannot assert immunity with respect to plaintiff’s request for back pay, front pay, lost benefits, or reinstatement. See, e.g., Hertzberg v. … We agree with the City that the Tort Immunity Act clearly encompasses constitutional claims, including those brought under the Human Rights Act.15 ¶ 114 In Birkett, we quoted this passage from section 1-204,

Texas Department of Family and Protective Services v. Carlotta Howard

429 S.W.3d 782 · Texas Court of Appeals, 5th District (Dallas) · Apr 15, 2014

Governmental entities are immune from suit unless the government has clearly and unambiguously waived its immunity. See TEX. GOV’T CODE ANN. 311.034 (West 2013); Tex. … Disability Discrimination To establish a prima facie case of disability discrimination under chapter 21, a plaintiff must show (1) he has a “disability,” (2) he is “qualified” for the job, and (3) he suffered

Mick v. American Dental Assn.

49 N.J. Super. 262 · New Jersey Superior Court Appellate Division · Mar 13, 1958

Unlike absolute privilege, which affords complete protection, qualified privilege affords immunity only if there is no ill motive or malice in fact, and can be lost by abuse on the part of the defendant. … Fluoridation of drinking water, which affects the health of citizens in a community, is clearly a subject of wide public interest.

Sims v. Barnes

689 N.E.2d 734 · Indiana Court of Appeals · Dec 16, 1997

Were a prosecutor granted only a qualified immunity, the threat of lawsuits against him would undermine the effectiveness of his office and would prevent the vigorous and fearless performance of his duty that is essential … In a defamation action, a prosecutor whose statement does not so inform will be entitled only to qualified immunity, for such a statement will have been made outside the scope of the prosecutor’s authority. 4 .

Thomas v. PSC Metals, Inc.

2018 Ohio 1630 · Ohio Court of Appeals · Apr 26, 2018

Id. at syllabus. {¶19} The Ohio Supreme Court’s language is clearly applicable to this case and establishes that Thomas was a PSC employee for purposes of workers’ compensation. … A customer of a staffing agency may pay the workers’ compensation premiums either directly or indirectly to qualify for immunity under R.C. 4123.74. Foran v.

S.W., as Next Friend of A.W. v. Arlington Independent School District and Lindsey Foster

435 S.W.3d 414 · Texas Court of Appeals, 2nd District (Fort Worth) · Jun 12, 2014

(“We decline to establish a waiver- by-conduct exception to sovereign immunity for any cause of action, whether based on a breach of contract or not.”). 11 Thus, we conclude that AISD did not waive its governmental immunity … 15 not cite authority, however, establishing that AISD lacks authority to settle claims against it.

Graber v. Richard Stockton College

313 N.J. Super. 476 · New Jersey Superior Court Appellate Division · Apr 24, 1998

A qualifying organization does not lose its statutory immunity merely because it charges money for its services, Rupp v. … Cramer, 133 N.J. 347 , 627 A. 2d 1090 (1993)(stating that public entities are entitled to immunity both under the Tort Claims Act and as established at common law).

Blackston v. George County

102 So. 3d 1182 · Court of Appeals of Mississippi · May 15, 2012

In addition, they also argue that George County was not immune from liability. ¶ 17. … Blackston and Stapleton filed on August 30, 2007, which was clearly within the time allotted by statute. ¶ 32. Recently in Delta Regional Medical Center v.

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.

Dane v. Royer

Vermont Superior Court · Sep 23, 2024

immunity. … Qualified Immunity Defendant Royer’s final argument seeks to revive his claim to qualified immunity. This argument fails as a matter of law based on the ministerial nature of Defendant’s work.

White v. The City of Chicago

Appellate Court of Illinois · Dec 29, 2006

Hawes, whom the police first interviewed in October 1997, was clearly a known witness. … Litscher, 267 F.3d 648 (7th Cir. 2001), the court addressed qualified, not absolute, immunity. -19- 1-06-1537 Furthermore, in Forsyth v.

Tamm v. Burns

25 Conn. App. 468 · Connecticut Appellate Court · Aug 13, 1991

All construction activity was performed on state property and therefore the doctrine of sovereign immunity bars this action unless it qualifies under one of three exceptions to the doctrine. … The plaintiff can benefit from this exception only if the complaint clearly alleges facts showing that the exception is applicable. Barde v. Board of Trustees, 207 Conn. 59 , 539 A.2d 1000 (1988).

State Ex Rel. J.E. Dunn Construction Co. v. Sprinkle

650 S.W.2d 707 · Missouri Court of Appeals · Apr 19, 1983

(The respondent’s brief does not assert the “work product immunity for the City’s file but only for Great American’s.) “Work product” is a qualified immunity under Rule 56.01(b)(3). … The qualified work product immunity would have applied in litigation between the City and Great American, but it does not go the additional remove to apply between the City and Dunn.

Linton v. Airbus Industrie

934 S.W.2d 754 · Texas Court of Appeals, 14th District (Houston) · Dec 5, 1996

Therefore, appellants contend, DA’s 49.25% sovereign ownership may not be “tiered” through the company and “pooled” with the sovereign ownership interests of France and Spain to qualify for FSIA immunity. … Appellees urge the application of an ultimate ownership test, arguing that Congress placed in the FSIA no requirement that a foreign government arrange its corporate structures in a particular manner to qualify for immunity

Langenhahn v. W. Bend Mut. Ins. Co.

386 Wis. 2d 243 · Court of Appeals of Wisconsin · Feb 12, 2019

The summary judgment methodology is well established. Id. , ¶41. … In any event, prior cases establish that an event organizer receives the benefit of recreational immunity even if the event takes place on public lands. See Lee v.

Rosen & Bardunias v. County of Westchester

158 A.D.2d 679 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 1990

With regard to these claims, the defendants were acting only in an investigatorial capacity, and thus were correctly held to enjoy only a qualified immunity from civil liability (see, Bacon v County of Westchester, 149 AD2d … In the case at bar, the plaintiffs have alleged that the defendant Willcox committed intentional and malicious acts during the investigatory phase of the plaintiffs’ prosecution which are clearly beyond the scope of his authority