Case law

Gilberg v. Goffi

21 A.D.2d 517 · Appellate Division of the Supreme Court of the State of New York · Jul 9, 1964

This appeal turns upon the extent of immunity to be accorded to the campaign utterances, oral and written, of a candidate for public office. … If by reason of such utterances a defendant is immune from liability, he does not lose his immunity when the utterances are passed on to the press for publication in the same text as previously delivered (Barr v.

City of Atlanta v. Harry Shavers

Court of Appeals of Georgia · Mar 11, 2014

(b) Officer Henderson argues that the trial court erred by denying his motion for summary judgment based on qualified immunity. … Public agents are immune from liability for their discretionary acts unless they are done with malice or intent to injure: The doctrine of official immunity, also known as qualified immunity, protects individual

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

Central Virginia Obstetrics & Gynecology Associates, P.C. v. Whitfield

42 Va. App. 264 · Court of Appeals of Virginia · Jan 13, 2004

First, it is a non sequitur to assert that a disability — as that term is specifically defined and qualified in the statute— always precedes death or is subsumed by it. … It includes multiple provisions defining its terms, describing its scope, and qualifying its reach.

South Texas College v. Daniel Fuentes

Texas Court of Appeals, 13th District · Jan 15, 2026

STC then alleged that Fuentes could not establish a prima facie case for any of his claims because there was no evidence of the following: • That Fuentes was qualified for his position. … Governmental entities are generally immune from suits for money damages unless the Legislature has expressly waived immunity for the type of claim asserted. Mission Consol. Indep. Sch. Dist. v.

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.

City of Dallas v. Evelyn McKeller

Texas Court of Appeals, 5th District (Dallas) · Mar 7, 2024

Second, the City argued McKeller could not establish a waiver of immunity for her negligence claim. … Cities retain immunity unless the Legislature clearly and unambiguously waives it. Id.

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.

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.

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.

Sheedy v. Vista Properties, Inc.

410 So. 2d 561 · District Court of Appeal of Florida · Feb 10, 1982

Jones establishes that in order for there to be a subletting so as to create a contractor-subcontractor relationship the contractor must be obligated to construct the improvement under a contract with a third person. … Not being liable under the statute, Vista was not immune. As the court stated in Jones : It is the liability to secure compensation which gives the employer immunity from suit as a third party tort-feasor.

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

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.

Austin v. Weld County

702 P.2d 293 · Colorado Court of Appeals · May 16, 1985

The sole issue before us is whether plaintiff’s claim was timely filed so as to qualify under an exception, as required by the Colorado Governmental Immunity Act (CGIA), § 24-10-101, et seq., C.R.S. … The court stated: “[s]ueh an anomaly was clearly not within the contemplation of the legislature in enacting the Immunity Act.” Antonopoulos, supra. The same principle applies and is controlling here.

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