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  • Horenian v. Washington

    128 Conn. App. 91 · Connecticut Appellate Court · Apr 19, 2011

    The trial court determined that common law and statutory qualified and governmental immunity under § 52-557n shielded the defendants from liability with respect to those claims. … First, the defendants alleged that common law and statutory qualified immunity under § 52-557n barred the plaintiffs claims in counts two and three of the revised complaint, which alleged negligent infliction of emotional

    Cited 9 timesPublished
  • City of Baytown v. Peoples

    9 S.W.3d 391 · Texas Court of Appeals, 14th District (Houston) · Dec 9, 1999

    Thus, under section 101.060, liability clearly is based on premises defects. … The terms "official immunity” and "qualified immunity”, refer to the same type of immunity, and, therefore, are used interchangeably.

    Cited 8 timesPublished
  • Uvalde Consolidated Independent School District and Uvalde County v. Texas Tribune, ABC News, the Associated Press, CBS News, Cable News Network, Inc., Dow Jones & Co., the E.W. Scripps Company, Gannett Co. Inc., Graham Media Group, Houston, Graham Media Group, San Antonio, Hearst Newspaper, LLC, NBC News, the New York Times Co., Pro Publica, Inc., Sinclair Broadcast Group, Inc., Tegna Inc., TelevisaUnivision, the Washington Post

    Texas Court of Appeals, 4th District (San Antonio) · Jul 16, 2025

    We review rulings on governmental immunity de novo. Miranda, 133 S.W.3d at 228. There is “a presumption against any waiver until the plaintiff establishes otherwise.” Rattray v. … Waiver can be established “only by showing that the statute ‘clearly and affirmatively waive[s] immunity’ and by also ‘negating any provisions that create exceptions to, and thus withdraw, that waiver.’”

    Cited 0 timesPublished
  • Skrobacz v. Sweeney

    49 Conn. Supp. 15 · Connecticut Superior Court · Oct 1, 2003

    The defense of qualified immunity shields government officials from civil liability if the official’s conduct did not violate constitutional rights that were clearly established at the pertinent time or if it was objectively … As a general rule, police officers are entitled to qualified immunity if (1) their conduct does not violate clearly established constitutional rights, or (2) it was objectively reasonable for them to believe their acts did

    Cited 0 timesPublished
  • Kachlon v. Markowitz

    168 Cal. App. 4th 316 · California Court of Appeal · Nov 17, 2008

    Established law is to the contrary. … Moreover, we are unable to conclude that providing qualified immunity to beneficiaries who act as trustees results in an absurdity. (Unzueta v.

    Cited 124 timesPublished
  • Kathryn M Jasionowski v. Town of Whitestown

    Indiana Court of Appeals · Aug 21, 2025

    “Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … Whether an official is entitled to qualified immunity is a legal question for the court to resolve. Fort Wayne Cmty. Schs. v. Haney, 94 N.E.3d 325, 331 (Ind. Ct. App. 2018).

    Cited 0 timesPublished
  • Hutchinson v. Miller

    548 So. 2d 883 · District Court of Appeal of Florida · Sep 14, 1989

    In the light of this holding, it is unnecessary to discuss the question of qualified immunity of the individual officers. … Instead, plaintiffs sue on allegations of negligence in performance of established duties, and for failure to follow the policies already established.

    Cited 12 timesPublished
  • Jerolamon v. Fairleigh Dickinson University

    199 N.J. Super. 179 · New Jersey Superior Court Appellate Division · Mar 4, 1985

    The charitable immunity statute was passed as a legislative response to the 1958 Supreme Court rejection of the charitable immunity doctrine which had been the law of this State. See Dalton v. St. … Likewise, the nineteenth count alleges an extended course of conduct by University security guards and personnel against the plaintiffs and seeks to establish liability on the basis of negligent hiring of such guards.

    Cited 6 timesPublished
  • Brenham Housing Authority v. Davies

    158 S.W.3d 53 · Texas Court of Appeals, 14th District (Houston) · Mar 24, 2005

    Had the legislature intended to qualify Section 101.022(a) to a payment for use of temporary duration, it could have done so. … Accordingly, we sustain BHA’s first issue, and find that Davies’s pleadings fail to establish that BHA’s immunity is waived with respect to Davies’s premises defect claim. 4 C.

    Disapproved on other grounds by Rusk State Hospital v. Black, 55 Tex. Sup. Ct. J. 1320 (2012)Cited 73 timesPublished
  • Coit v. Nappi

    248 Md. App. 44 · Court of Special Appeals of Maryland · Oct 1, 2020

    The court’s extensive and thorough Decision and Order clearly, and in detail, considered the relevant facts. … (2) A local government may not assert governmental or sovereign immunity to avoid the duty to defend or indemnify an employee established in this subsection.

    Cited 3 timesPublished
  • Rivello v. Cooper City

    322 So. 2d 602 · District Court of Appeal of Florida · Nov 21, 1975

    The crucial point in this appeal involves the question of whether Judge Harrington is immune from suit under the long established doctrine of judicial immunity. … Further, without judicial immunity, there would certainly be a chilling effect upon the independent decision making role of the judiciary and upon the willingness of qualified individuals to serve in judicial positions.

    Cited 16 timesPublished
  • Goldfarb v. Cuyahoga Cty. Dept. of Pub. Works

    2025 Ohio 3283 · Ohio Court of Appeals · Sep 11, 2025

    There is no dispute that the County qualifies as a political subdivision. There is, however, a dispute as to whether the County was engaged in a governmental or proprietary function. … Because Goldfarb cannot establish a negligence claim, none of the exceptions to immunity under R.C. 2744.02(B) apply and the court should have determined that the County was entitled to political-subdivision immunity.

    Cited 1 timesPublished
  • McKinney v. Chapman

    103 Conn. App. 446 · Connecticut Appellate Court · Aug 28, 2007

    Moreover, [t]o establish the existence of a material fact, it is not enough for the party opposing summary judgment merely to assert the existence of a disputed issue. . . . … “The judicial proceeding to which the immunity attaches has not been defined very exactly.

    Cited 8 timesPublished
  • Piro v. Franklin Township

    102 Ohio App. 3d 130 · Ohio Court of Appeals · May 24, 1995

    Piro has not established by clear and convincing evidence his character and fitness for admission to the practice of law.” … Because Piro’s claim is precluded by immunity, we need not discuss whether his allegations establish a claim of negligent infliction of emotional distress. C.

    Cited 59 timesPublished
  • Richards v. Williamstown Sch. Bd.

    Vermont Superior Court · May 25, 2005

    Qualified Immunity The Defendants argue that the individual school board members are entitled to qualified immunity. The Plaintiffs respond that the officials did not act in good faith. … As discussed above, these areas of law are not clearly established.

    Cited 0 timesPublished
  • Bristol ex rel. Child v. Gonzales Police Dep't ex rel. Child

    240 So. 3d 232 · Louisiana Court of Appeal · Dec 21, 2017

    The purpose of this statute is to provide a qualified statutory immunity from liability to drivers of emergency vehicles, under very specific circumstances. See Rabalais v. … The supreme court went on to examine each section of the statute, and outlined the circumstances in which the driver of an emergency vehicle is granted particular driving privileges, also known as a qualified immunity.

    Cited 3 timesPublished
  • Allen v. San Diego Convention Center Corp., Inc.

    California Court of Appeal · Dec 19, 2022

    Supreme Court’s antitrust jurisprudence, nonstate actors are entitled to immunity where the challenged restraint is one “clearly articulated and affirmatively expressed as state policy” and “actively supervised by the State … were subject to oversight by the immune public districts.

    Cited 0 timesPublished
  • Rita Roberson v. McIntosh County School District

    Court of Appeals of Georgia · Mar 14, 2014

    Under Georgia law, official or qualified immunity is an entitlement not to stand trial rather than a mere defense to liability. … The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.

    Cited 0 timesPublished
  • Colon v. Board of Education

    60 Conn. App. 178 · Connecticut Appellate Court · Oct 3, 2000

    ‘[A] municipal employee [however,] has a qualified immunity in the performance of a governmental duty, but he may be hable if he misperforms a ministerial act, as opposed to a discretionary act. . . . Wright v. … Andrews, 211 Conn. 501, 505 , 559 A.2d 1131 (1989). “[ T]he ultimate determination of whether qualified immunity applies is ordinarily a question of law for the court . . .

    Cited 64 timesPublished
  • Brum v. Town of Dartmouth

    44 Mass. App. Ct. 318 · Massachusetts Appeals Court · Feb 25, 1998

    Pla, 748 F. *328 Supp. 56, 59-61 (D.P.R. 1990) (involving a claim by a parent whose son was shot to death by another student during class); and (d) the defendants would be entitled to qualified immunity from § 1983 liability … in light of the existing state of the law as it applied to school situations, since it did not clearly establish a student’ s constitutional right to be free from attack by private parties during the school day.

    Reversed on other grounds by Brum v. Town of Dartmouth, 428 Mass. 684 (1999)Cited 53 timesPublished

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