Case law

Osborn v. City of Waterbury

181 Conn. App. 239 · Connecticut Appellate Court · Apr 17, 2018

immunity for the performance of discretionary duties; (2) the city is entitled to governmental immunity pursuant to General Statutes § 52-557n (a) (2) (B); and (3) members of municipal boards who are not compensated for … such membership are entitled to immunity for any error or omission made in the exercise of such person’s policy or decision- making responsibilities pursuant to § 52-557n (c). 5 The court found no evidence to establish

Wallace v. Estate of Davies Ex Rel. Davies

676 N.E.2d 422 · Indiana Court of Appeals · Feb 27, 1997

Qualified Immunity The defendants also claim that Hartman is entitled to qualified immunity under § 1983 because his conduct in shooting Davies “was not such that reasonably competent police officers would have concluded … Whether Hartman is entitled to qualified immunity because his use of force did not violate a clearly established constitutional right of Davies. 4.

Hyland v. State

509 N.W.2d 561 · Court of Appeals of Minnesota · Dec 14, 1993

On February 17, 1993, MnDOT moved for summary judgment based on qualified official immunity and absolute immunity. … Official immunity, however, does not protect an employee who willfully violates a clearly established statutory or constitutional right of which a reasonable *565 person would have known. Johnson v.

State in Interest of AL

271 N.J. Super. 192 · New Jersey Superior Court Appellate Division · Feb 28, 1994

A state legislature is free to restrict or qualify that right, so long as it does not create an arbitrary or discriminatory classification scheme. Woodard v. … Clearly, N.J.S.A. 2A:4A-29 does not mention "derivative use" 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

Brown v. Labor Ready Northwest, Inc.

113 Wash. App. 643 · Court of Appeals of Washington · Sep 16, 2002

Henson told Stevens he was qualified to operate heavy machinery. Stevens considered Henson a good worker. He asked Labor Ready about Henson’s qualifications and was advised Henson was qualified to operate a forklift. … Early Construction Co. 19 But exclusive control for all purposes is not required, as the facts of Nyman clearly demonstrate.

Rhoda M. Marchant, Timothy E. Marchant, and Timothy S. Marchant v. Preston County Office of Emergency Management/E911 and Preston County Commission

Intermediate Court of Appeals of West Virginia · Jun 6, 2025

We believe, in cases of qualified or statutory immunity, court ordered replies and motions for a more definite statement under Rule 12(e) can speed the judicial process. … Next, the court may, on its own discretion, insist that the plaintiff file a reply tailored to an answer pleading the defense of statutory or qualified immunity.

Satler v. Larsen

131 A.D.2d 125 · Appellate Division of the Supreme Court of the State of New York · Oct 29, 1987

Clearly, Ms. McHatten understood that the basis for the BCW report was not some undisclosed set of impliedly scandalous facts, but the opinion held by Dr. … It is well established that expressions of opinion are constitutionally protected and hence, nonactionable.

Jonah Water Special Utility District v. Aaron Keith White and Lance White

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

Jonah argues that because its immunity has not been clearly and unambiguously waived for contract claims like the one at issue, the trial court lacked subject matter jurisdiction over the Whites’ contract claim. … Univ., 951 S.W.2d 401, 408 n.1 (Tex. 1997), but more recent cases have found contract disputes not to qualify.

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

McNair v. City and County of San Francisco

5 Cal. App. 5th 1154 · California Court of Appeal · Nov 22, 2016

Next, we determine whether the moving party has established facts justifying judgment in its favor. … Immunizing Dr. Kim from potential liability in this case for disclosing her public safety concerns to the DMV clearly advances this policy.

Conant v. Stroup

183 Or. App. 270 · Court of Appeals of Oregon · Aug 14, 2002

The phrasing of the statute clearly suggests that the legislature contemplated that the sort of permission that triggers statutory immunity is permission to the public to use private land for recreational purposes. … The purpose of the Oregon statute is clearly stated.

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.

v. Colorado Department of Public Health and Environment

2020 COA 50 · Colorado Court of Appeals · Mar 31, 2020

Under this broad definition, a county could qualify as an “association of persons.” … Specifically, La Plata argues that, because the district court held the CGIA defense qualified for interlocutory appeal, the SWA defense should have qualified as well.

REYNOLDS v. STATE

2022 OK CR 14 · Court of Criminal Appeals of Oklahoma · Aug 4, 2022

Here, the State has established with reasonable particularity that Reynolds's DVR system was password protected thereby establishing the existence of the password, and that Reynolds was the owner and sole operator of the … system thereby establishing his possession of the password and its authenticity.

Nathan Kariniemi v. City of Rockford

863 N.W.2d 430 · Court of Appeals of Minnesota · May 18, 2015

Rather, they argue that, as a contractor, Bonestroo does not qualify as “a public official” eligible for the protections of official immunity. … tight budget constraints, and generally had neither the need nor the ability to maintain an established bureaucracy staffed by professionals.”

Rogozinski v. Airstream by Angell

152 N.J. Super. 133 · New Jersey Superior Court Appellate Division · Jul 18, 1977

The court concluded that, under the circumstances before it, wherein allegations, if proven, "would most convincingly establish clearly, specifically and definitely that it was the intent of the parties to enter into long-term … 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.

Hinkal, M. v. Pardoe, G.

2016 Pa. Super. 11 · Superior Court of Pennsylvania · Jan 22, 2016

In remanding the case, this Court reasoned that the contract at issue “clearly concerned health and safety” and identified a public interest in “assuring that those claiming to be qualified to follow a doctor’s orders are … the intent of the parties; 3) the language of the contract must be construed, in cases of ambiguity, against the pgrty seeking immunity from liability; and 4) the burden of establishing the immunity is upon the party invoking

Elmer Rivera, Kassandra Morales Rodriguez and Isreal Morales v. City of Houston and Veronica Romero

Texas Court of Appeals, 1st District (Houston) · Jun 16, 2022

Good faith If the officer’s driving qualifies as the performance of a discretionary act, the officer still must act in good faith to qualify for official immunity. See Clark, 38 S.W.3d at 580. … Whether the City established immunity as matter of law based on emergency exception to immunity waiver The City contends that, even if the trial court erred in granting it summary judgment on official immunity

Am. Indian Health & Servs. Corp. v. Kent

234 Cal. Rptr. 3d 583 · California Court of Appeal, 5th District · Jun 19, 2018

The states' immunity from suit is sometimes referred to as "Eleventh Amendment immunity." … An important limit on the sovereign immunity principle was established in Ex parte Young (1908) 209 U.S. 123 , 28 S.Ct. 441 , [ 52 L.Ed. 714 ] ( Young ). *783 That case involved a challenge to a Minnesota law reducing the