Case law

The Delaware Call v. Delaware State Police

Superior Court of Delaware · Sep 4, 2025

As such, he contends that Delaware Call qualifies as a plaintiff, who brought an action, who can recover fees. Mr. … (emphasis added). 99 Under Delaware jurisprudence, “it is well established that ‘a court may not engraft upon a statute language which has clearly been excluded therefrom.’” Leatherbury v.

Deschamps v. Mason County Sheriff's Office

96 P.3d 413 · Court of Appeals of Washington · Aug 17, 2004

RCW 9.41.0975 RCW 9.41.0975 provides qualified immunity for employees who prepare and issue or deny firearm licenses in good faith. … App. 614, 622-23 , 943 P.2d 298 (1997) ("It is particularly important that good faith (or its absence) in this qualified immunity situation be determined promptly ... a prompt determination is vital because qualified immunity

ASM Global, LLC D/B/A Destination El Paso and ASM Global Parent, Inc. v. Jessica Weaver, Individually and as Representative of the Estate of A.M., a Minor

Texas Court of Appeals, 8th District (El Paso) · Oct 4, 2024

In two issues, ASM contends the trial court erred in failing to recognize its entitlement to governmental immunity, either as a purported arm of city government, or as derivatively established due to its operation of certain … ASM responded with a plea to the jurisdiction asserting its entitlement to governmental immunity, and it further asserted that no immunity waiver applied.

Brown v. North Carolina Department of Environment & Natural Resources

212 N.C. App. 337 · Court of Appeals of North Carolina · Jun 7, 2011

its immunity from suit.” … The decision “whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard....” Blackmon v.

Fidelty Security Life Insurance v. State

188 Ariz. 283 · Court of Appeals of Arizona · Apr 29, 1997

Given this directive, we should construe immunity provisions narrowly, not broadly, "with a view to finding immunity only if it clearly applies." Schabel, 186 Ariz. at 189, 920 P.2d at 44. … The magnitude or importance of an agency's general responsibilities does not establish the agency's entitlement to absolute immunity.

Jarvis v. Levine

403 N.W.2d 298 · Court of Appeals of Minnesota · Jul 2, 1987

ANALYSIS It is clearly established that when reviewing an entry of summary judgment, an *304 appellate court must determine whether genuine issues of material fact exist and whether the trial court erred in applying the law … Although the court in Price held for the defendants on grounds of immunity, it established procedures to be used in future cases involving more “intrusive” therapies: (1) If the patient is incompetent to give consent or refuses

Lake Point Tower Garage Ass'n v. Property Tax Appeal Board

Appellate Court of Illinois · Feb 11, 2004

The defendant municipality argued that section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) applied: "Neither a local public entity nor a public employee is liable for an … Springfield argued that the school was immune from the suit based on section 3-106.

James v. City of Cincinnati, C-070367 (6-6-2008)

2008 Ohio 2708 · Ohio Court of Appeals · Jun 6, 2008

Breach of Duty {¶ 29} To establish negligence, James and McCabe had to prove that the City had breached its duty of care. … Immunity {¶ 32} The trial court also determined that the City, even if it was negligent, was immune from liability. We disagree.

Amato v. County of Erie

247 A.D.2d 846 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 1998

The municipalities contend that they should have been granted summary judgment because they are entitled to qualified immunity for their traffic engineering decisions and because, under the circumstances, the failure to upgrade … The County, which the record shows was solely responsible for traffic control at the intersection, failed to establish its defense of qualified immunity as a matter of law.

Zieber v. Heffelfinger, 08ca0042 (3-17-2009)

2009 Ohio 1227 · Ohio Court of Appeals · Mar 17, 2009

It is a qualified immunity, in the sense that it will attach so long as one of the exceptions does not *Page 13 apply. Lutz , supra. … City of Cleveland (1972), 30 Ohio St.2d 196 , 197 , 283 N.E.2d 175 . {¶ 56} We find Appellant has presented evidence tending to show a material issue of fact as to an exception to qualified immunity under R.C. 2744.03 (A)

Drake v. County of Herkimer

15 A.D.3d 834 · Appellate Division of the Supreme Court of the State of New York · Feb 4, 2005

Thus, in the field of traffic design engineering, the municipality is accorded a qualified immunity from liability arising out of a highway planning decision (see Friedman, 67 NY2d at 283 ; Alexander v Eldred, 63 NY2d 460 … Pursuant to that doctrine of qualified immunity, “liability for injury arising out of the operation of a duly executed highway safety plan may only be predicated on proof that the plan either was evolved without adequate

D.M. v. State

Nebraska Court of Appeals · Jul 14, 2015

Immunity. Qualified immunity is an affirmative defense which must be affirmatively pleaded. 34. Appeal and Error. … , this court should nev- ertheless affirm the district court’s dismissal because Houston is shielded by qualified immunity.

Hernandez v. State of California

11 Cal. App. 3d 895 · California Court of Appeal · Oct 1, 1970

First, the act of keeping records and determining what facts should be recorded in the care, treatment, testing, examination, and diagnosis of mental patients does not qualify as an exact science but rather involves elements … In our view the purported causes of action for negligent prescription and for negligent diagnosis are clearly barred by the specific immunity provisions of Government Code section 855.8, subdivision (a): “Neither a public

ROBIN LANG v. JOHN BARRY, M.D.

Massachusetts Superior Court · Mar 24, 2025

This statute grants members of staff committees immunity against civil suits for their activities taken in conjunction with their role on peer review committees. … Clearly, the Supreme Court’s pronouncement of judicial restraint in Nixon militates against this court’s embracing a peer review committee privilege.

ESM Development Corp. v. Dawson

Appellate Court of Illinois · Aug 6, 2003

If not, and if the claims are therefore actually legal in nature, then the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … This hotel was developed under the understanding that it, and thus the plaintiffs, qualified for enterprise zone benefits.

Naleway v. Agnich

386 Ill. App. 3d 635 · Appellate Court of Illinois · Oct 31, 2008

The defendant has a qualified privilege to make the statements regarding the plaintiff [stc] and she did not abuse her privilege; and b. the defendant is immune from liability for making the statements regarding the plaintiff … The plaintiffs] assert[ ] that the defendant abused her qualified privilege and that she is not entitled to immunity under the Abused and Neglected Child Reporting Act.

Alice Jones McDaniel, Independent of the Estate of Jan Lynn Jones v. Crowley Independent School District; And Omni Financial Group, Inc., D/B/A U.S. Omni

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 20, 2025

Hence, it was incumbent on Executor to affirmatively plead facts that established a waiver of governmental immunity. … Waiver of governmental immunity exists only if the legislature has clearly and unambiguously waived the immunity by statute. Rattray v.

Paul G. Kinnard, M.D. v. United Regional Health Care System and Sumi King, M.D.

Texas Court of Appeals, 2nd District (Fort Worth) · May 11, 2006

Kinnard has alleged valid claims for defamation and tortious business interference against appellees, [7] the claims are barred by qualified immunity. … To support their qualified immunity defense, appellees submitted affidavits from members of United Regional = s Board of Directors, the peer review committee, and the appellate review committee.

SHANTIQUA ROBERTS v. BRIDGETTE BLOWE

Court of Appeals of Georgia · Mar 7, 2024

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption

Sabree v. Conley

62 Mass. App. Ct. 901 · Massachusetts Appeals Court · Sep 27, 2004

. § 1983 (2000), the defense of qualified immunity invokes a three-part inquiry: “first, whether a constitutional violation has been alleged if plaintifffs] allegations are established as true; second, whether the law was … clearly established at the time of the alleged violation; and last, whether a reasonable official, similarly situated would understand that the challenged conduct violated a constitutional norm.”