Case law

Sisk v. General Builders Corp. of Fort Lauderdale

438 So. 2d 65 · District Court of Appeal of Florida · Aug 31, 1983

If adequately established, this would cause General Builders to be classified as an “owner-builder” rather than a general contractor and, thus, it would be unable to qualify for tort immunity under the statutes in question … He claimed that if this were established at trial, General Builders would not be entitled to the tort immunity conferred on contractors by sections 440.10 and 440.11, Florida Statutes (1981).

State Dept. of State Hospitals v. Super. Ct.

California Court of Appeal · Nov 2, 2022

It is trumped by the specific immunity provision of section 854.8. … “The plain language of . . . section 855 clearly states that not all statutory or regulatory violations will provide a basis for liability, only those that prescribe minimum standards. . . .

People of Michigan v. Dana Lynn Cook

323 Mich. App. 435 · Michigan Court of Appeals · Mar 22, 2018

Section 4 provides qualifying patients who hold registry cards “broad immunity from criminal prosecution, civil penalties, and disciplinary actions[.]” Kolanek, 491 Mich at 394-395. … That is precisely what is accomplished by Section 4 of the MMMA, as it provides absolute immunity from prosecution to those individuals that can establish the required elements of the statute.

UNIV. OF FLA. BD. OF TRUSTEES v. Morris

975 So. 2d 493 · District Court of Appeal of Florida · Jul 27, 2007

The statute clearly provides that any `substantial' presence will qualify."). … The fact that the statute includes the exception at issue here establishes that other counties may be an appropriate venue, depending on the circumstances.

Betts v. Town of Mount Morris

78 A.D.3d 1597 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 2010

With respect to its defense of qualified immunity, we conclude that the Town failed to meet its initial burden of demonstrating that its decisions regarding design, maintenance and signage were “the product of a deliberative … The Town also failed to establish as a matter of law that its alleged negligence was not a proximate cause of the accident (see Appelbaum, 222 AD2d at. 989-990; cf. Howard v Tylutki, 305 AD2d 907, 908 [2003]).

Christie Deruiter v. Township of Byron

325 Mich. App. 275 · Michigan Court of Appeals · Jul 17, 2018

The MMMA provides immunity from arrest, prosecution, and penalty in any manner, and prohibits the denial of any right or privilege to qualifying medical marijuana patients and registered primary caregivers. … MCL 333.26424(b)(2)’s immunity grants caregivers the right to possess 2.5 ounces of usable marijuana for each qualifying patient and cultivate and keep 12 marijuana plants for each qualifying patient in an enclosed, locked

Snyder v. Specialty Glass Products, Inc.

441 Pa. Super. 613 · Superior Court of Pennsylvania · Apr 27, 1995

These acts *630 clearly are ones which an employee such as Snyder would expect to occur at the workplace. … Therefore, under the test enunciated in McGinn, Snyder’s allegation of IIED does not qualify under the co-employee immunity provision in section 205 of the WCA.

Alcorn v. Vaksman

877 S.W.2d 390 · Texas Court of Appeals, 1st District (Houston) · May 12, 1994

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … are entitled to the protection of qualified immunity.

Grimes v. Stringer

957 S.W.2d 865 · Texas Court of Appeals, 12th District (Tyler) · Dec 31, 1997

though the plaintiff may *868 abandon his cause of action or fail to establish it. … We hold that GSISD’s “counterclaim” merely restated its defenses and did not qualify as a claim for affirmative relief independent of Grimes’ claims.

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

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).

Brittain v. State Ex Rel. Utah Department of Employment Security

248 Utah Adv. Rep. 15 · Court of Appeals of Utah · Sep 15, 1994

Therefore, we can only conclude that Risk Management had a legitimate interest in plaintiffs claim and, by definition, qualified as an “agency concerned.” B. … See also Utah Ádmin.Code R37-1-1 to -5 (1994) (administrative rules establishing policies and procedures of Risk Management).

White v. Rapides Parish School Bd.

3 La.App. 3 Cir. 1172 · Louisiana Court of Appeal · Mar 3, 2004

Clearly, the Rapides Parish School Board qualifies as a political subdivision of the State. … In brief, the School Board argues that the actions of the Board's employees at the South Alexandria Sixth Grade Center clearly fall within the purview of Berkovitz .

Peverall v. County of Alamance

154 N.C. App. 426 · Court of Appeals of North Carolina · Dec 3, 2002

It is well established that sovereign immunity does not protect the state or its counties against claims brought against them directly under the North Carolina Constitution. … Although neither Simpson nor Bailey directly addressed the question of sovereign immunity, the doctrine clearly did not shield the State from suit in those cases.

Lowry v. Henry Mayo Newhall Memorial Hospital

185 Cal. App. 3d 188 · California Court of Appeal · Sep 5, 1986

The above language of section 1317 clearly discloses that the Legislature intended to grant the designated members of a hospital emergency team immunity pursuant to the terms of the statute. … [because] [e]ven if the physician does not remotely qualify as a ‘medical volunteer,’ he is still provided with immunity from civil liability.”

Atlanta Metro Leasing, Inc v. City of Atlanta

Court of Appeals of Georgia · Feb 20, 2020

However, it is well established that, in the context of a contract action, sovereign immunity is waived only as to actions based on written contracts; an implied contract will not support a waiver of sovereign immunity … The Appellants, as the parties seeking to benefit from the waiver of sovereign immunity, possessed the burden of establishing the existence of a valid written contract with the City and any resulting waiver of immunity.

Two Thirty Nine Joint Venture v. Joe

60 S.W.3d 896 · Texas Court of Appeals, 5th District (Dallas) · Nov 20, 2001

In this case, Joe's defense of immunity inures to the benefit of J & G as well. [21] To take advantage of Joe's immunity, J & G must have established that each act of which 239 JV complains falls within either his qualified … judgment. [5] Joe's motion does not clearly identify absolute legislative immunity as a ground of his motion.

Beach v. Regional School District Number 13

42 Conn. App. 542 · Connecticut Appellate Court · Aug 13, 1996

Board of Education, 228 Conn. 640, 645 , 638 A.2d 1 (1994). “ ‘[A] municipal employee . . . has a qualified immunity in the performance of a governmental duty, but he may be liable if he misperforms a ministerial act, as … It is the plaintiffs contention that the record clearly shows that Baker had established an “automatic and mandatory” procedure that if freezing rain or precipitation fell before a school day, Baker would call in the head

Barge v. Ransom

30 S.W.3d 889 · Missouri Court of Appeals · Oct 5, 2000

functions are established or mandated pursuant to law. … An absolute privilege would cloak unsupported and malicious statements of any kind with immunity, without providing recourse to the person defamed.

GRAVITT Et Al. v. OLENS

333 Ga. App. 484 · Court of Appeals of Georgia · Jul 23, 2015

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Id. at 125 (applying official or qualified immunity to city employees under the same standards applied to county employees); see Ga. Const, of 1983, Art. I, Sec. II, Par. IX (d) (applicable to counties).