Case law

Bullock v. CRA, Inc.

603 S.W.2d 303 · Court of Appeals of Texas · Jul 17, 1980

In the supporting summary judgment proof it was established that CRA was a cooperative association organized under the laws of the State of Kansas. … Simply stated, the burden of proof is on the claimant to clearly show that it comes within the statutory exemption.”

Curtis R. Francis, TDCJ-ID 564414 v. TDCJ-CID

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 31, 2007

and for Ford and Horton on their respective affirmative defenses of qualified immunity. … First, she asserted the affirmative defense of qualified immunity.

Powers v. Doll

460 Ill. Dec. 960 · Appellate Court of Illinois · Mar 17, 2022

have qualified immunity, “except for willful and wanton misconduct.” 745 ILCS 19/5 (West 2020). … The court’s order implies that it found defendants absolutely immune “as state actors[,]” but as the motion to dismiss noted, defendants, as public defenders, have only qualified immunity, “except for willful and wanton

Sangster v. Kentucky Board of Medical Licensure

454 S.W.3d 854 · Court of Appeals of Kentucky · Jun 20, 2014

these circumstances,” and “qualified immunity under KRS 311.603 is not available to the concerned KBML members.” … The party claiming absolute immunity bears the burden of establishing a justification for that immunity. Antoine v. Byers & Anderson, Inc., 508 U.S. 429, 432 , 113 S.Ct. 2167 , 124 L.Ed.2d 391 (1993); Burns v.

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.

Steffan v. Smyzer

540 S.W.3d 387 · Court of Appeals of Kentucky · Jan 12, 2018

to immunity under the Teacher Protection Act; and (4) Appellee failed to establish the prima facie elements of his negligence and intentional infliction of emotional distress claims. … Therein, the trial court found that the Board was entitled to governmental immunity and that Hargens and Hudson were both entitled to qualified immunity *390 for their discretionary acts.

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.

Texas Department of Transportation v. Crockett

257 S.W.3d 412 · Texas Court of Appeals, 13th District · Jun 5, 2008

STANDARD OF REVIEW Sovereign immunity, encompassing both immunity from suit and immunity from liability, protects political subdivisions of this state from lawsuits for money damages; sovereign immunity from suit deprives … The Texas Transportation Code authorizes TxDOT to “establish procedures for the informal resolution of a claim arising out of a contract described by ... Chapter 223.” Tex. TRAnsp.

Yakowicz v. McDermott

120 Pa. Commw. 479 · Commonwealth Court of Pennsylvania · Oct 18, 1988

“Absolute privilege” is clearly a defense made available to Commonwealth officials by 42 Pa. C. S. §8542. … Commonwealth, 481 Pa. 540 , 393 A.2d 293 (1978), held that official immunity is not absolute but qualified and its availability depends on the circumstances of each case.

Hays County v. Hays County Water Planning Partnership

69 S.W.3d 253 · Texas Court of Appeals, 3rd District (Austin) · Jan 17, 2002

Hays County failed to raise a claim of qualified immunity in its appeal of the denial of its summary judgment motion. … Therefore, even assuming that Hays County had properly raised legislative immunity in its appeal of the denial of summary judgment and that legislative immunity may be asserted as a type of qualified immunity under section

Bender v. Suburban Hospital, Inc.

134 Md. App. 7 · Court of Special Appeals of Maryland · Sep 7, 2000

Bender failed to establish a genuine issue of material fact as to whether Suburban failed to meet the second prong of the test to qualify for HCQIA immunity. B Dr. … Bender failed to establish a genuine issue of material fact as to whether Suburban failed to meet the fourth prong of the test to qualify for HCQIA immunity. IV Finally, Dr.

Losen v. Allina Health System

767 N.W.2d 703 · Court of Appeals of Minnesota · Jul 7, 2009

Family verbalized an understanding that the patient was not thinking clearly (i.e., psychotic) and that he was exhibiting impaired judgment. … The language of the immunity provision is not ambiguous — it clearly grants immunity to any person acting in good faith pursuant to any provision of the CTA.

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

Hoeper v. AIR WISCONSIN AIRLINES CORP.

232 P.3d 230 · Colorado Court of Appeals · Nov 12, 2009

Air carriers are perhaps the most obvious source of useful threat information for TSA.” 5 ATSA provides qualified immunity: (a) In general. … On the other hand, it is like the CGIA qualified immunity provision for government employees, under which the jury decides immunity where, as here, material factual disputes exist.

City of Savannah v. Valencia Gray

Court of Appeals of Georgia · Sep 23, 2019

Sovereign Immunity. … Here, nothing in the record establishes that CAT has a legally recognizable interest in, possessory rights in, or control over the dock.

DAVID PARR v. COOK COUNTY SCHOOL DISTRICT

Court of Appeals of Georgia · Jun 30, 2021

“We review de novo a trial court’s grant of a motion to dismiss on sovereign immunity grounds, bearing in mind that the party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish … Official immunity is also known as qualified immunity. McDowell v. Smith, 285 Ga. 592, 593 (678 SE2d 922) (2009).

Jubilee Academies, Inc. v. Brenda McKinnon

Texas Court of Appeals, 13th District · May 1, 2025

is clearly and unambiguously waived by the Legislature. … To establish a claim of sex discrimination under the TCHRA, a plaintiff must show: (1) she is a member of the class protected by the statute (i.e., female); (2) she is qualified for her employment position; (3) she suffered

State v. Henderson

660 S.W.2d 373 · Missouri Court of Appeals · Oct 11, 1983

not entitled to the immunity under any circumstances. … When in another county upon official business, which originates in the county of his election or appointment, a sheriff or his deputy clearly is entitled to the immunity of Section 564.610.

Defend v. Lascelles

149 Ill. App. 3d 630 · Appellate Court of Illinois · Nov 7, 1986

On the other hand, where only a qualified privilege is granted based upon a lesser concern for the freedom of the speaker, the person making the statement is immune from liability unless the privilege is abused or some element … The law thus clearly allows for an absolute privilege where there exists a significant interest in protecting the type of speech involved.