Case law

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.

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)

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.

O'BRIEN v. Township of Ralpho

166 Pa. Commw. 337 · Commonwealth Court of Pennsylvania · Jul 29, 1994

as an adjudication and that the incident report in this case qualifies as such. … , immunities, duties, liabilities, or obligations.

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.

McQuade v. Mayfield Clinic, Inc.

186 N.E.3d 278 · Ohio Court of Appeals · Mar 16, 2022

McQuade emphasizes that Mayfield does not qualify as one of the enumerated medical providers in R.C. 2305.113(E)(3)(2). According to Mr. … Tobler does so qualify (which Mr. McQuade does not dispute).

Makanui v. Department of Education

6 Haw. App. 397 · Hawaii Intermediate Court of Appeals · Jul 14, 1986

Such state officials, not acting in a judicial or quasi-judicial capacity, are entitled to qualified immunity from damage awards for violation of the constitutional rights of students. Wood v. … In the specific context of school discipline, a local official acts in bad faith and is not immune from liability for damages under § 1983 (1) if the constitutional right allegedly infringed by them was clearly established

Belle v. Carr

169 Ohio App. 3d 286 · Ohio Court of Appeals · Oct 18, 2006

The probate court erred in failing to dismiss a case which seeks to remove an elected public official from office for appointing a fully qualified elector to a vacant position, a discretionary act to which immunity applies … is procedural in nature, the Civil Rules should apply unless they are ‘clearly inapplicable.’”

Mockbee v. Humphrey Manlift Company

2012 IL App (1st) 93189 · Appellate Court of Illinois · May 18, 2012

While the plaintiffs challenge that each defendant qualifies for immunity under section 5(a), the plaintiffs do not assert that the statutory immunity claim is not properly before this court. See Murphy v. … The plaintiffs contend, “Section 5(a)’s construction requires particular showings in order to gain immunity, and Harris clearly has not met this burden.”

Razink v. Krutzig

746 N.W.2d 644 · Court of Appeals of Minnesota · Apr 1, 2008

to immunity from trespasser actions under section 604A.25. … Did the district court err in concluding that the Krutzigs qualified as landowners under Minn.Stat. § 604A.21 (2002) and were therefore entitled to immunity from the Razinks’ action under section 604A.25? 4.

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.”

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.

Poole v. Inlow

80 Ohio App. 3d 379 · Ohio Court of Appeals · Jul 27, 1992

R.C. 307.05 specifically refers to counties, townships and municipal corporations, all of which clearly qualify as political subdivisions. See R.C. 2744.01(F). … An EMT employed by a nonprofit corporation not owned or operated by a political subdivision is protected by the immunity provided in R.C. 3303.21(D) and is immune only while operating an ambulance.

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.

Whitehouse v. State

Vermont Superior Court · Nov 20, 2024

Under these facts, it cannot be said that the officers acted outside of the scope of their discretionary authority or that they acted in violation of clearly established law. … On that basis, they are also entitled to qualified immunity. See, e.g, Jones v. Treubig, 963 F.3d 214, 224 (2d Cir. 2020) (discussing immunity standard).

Southwest Guaranty Trust Co v. Providence Trust Co.

970 S.W.2d 777 · Texas Court of Appeals, 3rd District (Austin) · Jul 2, 1998

Exercising this discretion, the record indicates that Providence purchased what is commonly referred to as non-qualified “retirement annuities.” … established.

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.

Gerber v. Neveaux

578 N.W.2d 399 · Court of Appeals of Minnesota · Jun 2, 1998

Badgerow, 511 N.W.2d 747, 751-52 (Minn.App.1994) (discussing heightened evidentiary standard that attaches once an official raises the issue of qualified immunity) review denied (Minn. Apr. 19, 1994). … In Elwood , the Minnesota Supreme Court found that deputy sheriffs who entered a home without a warrant during a domestic dispute were entitled to qualified immunity from a Section 1983 claim. 423 N.W.2d at 676 .

Tommie J. Denson v. T.D.C.J.-I.D.

Texas Court of Appeals, 12th District (Tyler) · May 30, 2003

Qualified Immunity While in the past some courts used the terms "qualified immunity" and "official immunity" interchangeably, recent cases refer to the federal defense as "qualified immunity" and the state defense as "official … Qualified or "good faith" immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

STATE OF FLORIDA v. PETER PERAZA

226 So. 3d 937 · District Court of Appeal of Florida · Aug 30, 2017

Additionally, because the question of whether qualified immunity pursuant to [section] 776.05[(1)] applies[] is for the jury not the judge, the order granting immunity must be reversed and this case remanded … Caamano moved to dismiss the charge, initially alleging immunity pursuant to section 776.05(1), Florida Statutes (2010), which the Second District stated “provides qualified immunity for a law enforcement officer’s use of