Case law

McKinney v. Hartley, 2007ca-00072 (1-20-2009)

2009 Ohio 274 · Ohio Court of Appeals · Jan 20, 2009

available at common law or established by the Revised Code." {¶ 10} As to appellee Landefeld, R.C. 2744.03 (A)(7) clearly applies, due to his status as the county prosecuting attorney. … However, absolute immunity does not extend to a prosecutor engaged in essentially investigative or administrative functions. Willitzer . For these functions, the prosecutor has qualified immunity. Id.

Turner v. FLORIDA STATE FAIR AUTHORITY

974 So. 2d 470 · District Court of Appeal of Florida · Jan 25, 2008

The Authority is organized and established under the provisions of sections 616.251 through 616.265, Florida Statutes (2003 & 2004). … In addition, section 616.260 suggests that lands leased by the Authority are exempt from ad valorem taxation only if the leased lands qualify for an exemption under section 196.199.

Sylvia Morrison and Rick Morrison v. Nancy Asamoa, M.D. John McKenna, M.D. Satish Mocherla, M.D. Hayan Orfaly, M.D. Permian Premier Health Services, Inc. Asif Ali Khan Ansari, M.D. Rachna Bharti, M.D. And Texas Tech Health Sciences Center at Odessa

Texas Court of Appeals, 11th District (Eastland) · May 12, 2022

TTUHSC contends that the trial court lacks subject-matter jurisdiction because Appellants’ pleadings fail to establish that TTUHSC, as a governmental unit, waived its sovereign immunity under the TTCA. See CIV. … Appellants do not defend the adequacy of their pleadings to establish a waiver of sovereign immunity under the TTCA.

Barbetta Agency, Inc. v. Evening News Pub. Co.

135 N.J. Super. 214 · New Jersey Superior Court Appellate Division · Jun 27, 1975

We have long recognized the existence of a qualified privilege that confers immunity upon a public official for defamation uttered in relation to matters committed by law to his control or supervision. Coleman v. … Thus, we find no genuine issue of fact established to defeat Megaro's defense of qualified privilege. Accordingly, the summary judgment as to defendants News and Megaro is affirmed.

Towery v. State of California

California Court of Appeal · Aug 14, 2017

Civil Code section 52.1 does not address the immunity established by Government Code section 844.6. … under 42 United States Code section 1983 unless the officer has violated a ‗clearly established‘ constitutional right.‖ (Venegas II, supra, 153 Cal.App.4th at pp. 1241–1242, quoting Saucier v.

Barnes v. Chicago Housing Authority

326 Ill. App. 3d 710 · Appellate Court of Illinois · Dec 3, 2001

Specifically, section 1437r of the Housing Act provides: “A resident management corporation that qualifies under this section *** shall enter into a contract with the public housing agency establishing the respective management … “The party who challenges a statute’s constitutionality bears the heavy burden of clearly establishing the violation alleged.” Rose v. Pucinski, 321 Ill. App. 3d 92, 96 (2001).

Houston v. Safeway Stores, Inc.

109 Md. App. 177 · Court of Special Appeals of Maryland · Apr 1, 1996

In toto, that section, as codified, now reads: [Immunity]—Customer use of employee toilet facility in retail establishment. 1 ^ (a) Definition. … We note' that House Bill 162 was captioned: Retail Establishments—Toilet Facilities—Immunity from Civil Liability.

Johnson v. Arkansas Steel Erectors

2009 Ark. App. 755 · Court of Appeals of Arkansas · Nov 11, 2009

, we stated that Sierra was a “persona” of Gardner and therefore also immune. … “Personas” cannot be employed independently in order to establish immunity from third-party actions. Rather, the existence of a “persona” relationship must be analyzed in the context of an employment relationship.

Georgia Department of Transportation v. Wyche

332 Ga. App. 596 · Court of Appeals of Georgia · Jul 8, 2015

Moreover, “the party seeking to benefit from the waiver of sovereign immunity has the burden of proof to establish waiver.” … Here, Wyche’s claims that the DOT was negligent in “approving construction plans and inspecting the physical property” clearly fall within this inspection exception.

Drimer v. Zionist Org. of Am.

150 N.Y.S.3d 48 · Appellate Division of the Supreme Court of the State of New York · May 27, 2021

Therefore, the negligence claim is barred by the qualified immunity conferred upon uncompensated board members under N-PCL 720-a. … immunity, since that conclusion related to a different claim that was based on the specific allegations detailing the alleged unlawful retaliation.

Johnson v. Baldrick, Ca2007-01-013 (4-14-2008)

2008 Ohio 1794 · Ohio Court of Appeals · Apr 14, 2008

Appellees and the trial court conflate the distinct concepts of duty and immunity. Immunity does not extinguish a duty. Immunity serves to remove liability if the duty is violated. … faith can show that the official acted in willful, reckless or wanton disregard of rights established under law."

Howcroft v. City of Peabody

51 Mass. App. Ct. 573 · Massachusetts Appeals Court · May 17, 2001

Qualified Immunity. The defendants argue that each one is entitled to the defense of qualified immunity from both the § 1983 and MCRA claims. … discretionary act, the constitutional or statutory right allegedly infringed was not ‘clearly established.’ ” Laubinger v.

City of Garden Grove v. Superior Court

68 Cal. Rptr. 3d 656 · California Court of Appeal · Nov 28, 2007

[f] California courts do not enforce the federal marijuana possession laws when defendants prosecuted for marijuana possession have a qualified immunity under [the CUA]. … But Kha is clearly not a criminal defendant with respect to the subject marijuana.

Towery v. State of California

California Court of Appeal · Aug 10, 2017

Civil Code section 52.1 does not address the immunity established by Government Code section 844.6. … 42 United States Code section 1983 unless the officer has violated a ‗clearly established‘ constitutional right.‖ (Venegas II, supra, 153 Cal.App.4th at pp. 1241–1242, quoting Saucier v.

Clardy v. Gangitano

Court of Appeals of Oregon · Aug 7, 2024

His declaration clearly establishes his actions as alleged in plaintiff’s Third Amended Complaint were not outside the scope of his employment. … Gangitano stated that plaintiff’s property qualified as “abandoned” under the rule and was disposed of for that reason on May 1, 2020.

Sandra Greene// City of Austin v. City of Austin// Cross-Appellee, Sandra Greene

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2025

By cross-appeal, the City asserted that Greene’s retaliation claim was barred by sovereign immunity because she failed to establish that she suffered a materially adverse employment action, an element of a retaliation claim … Because we conclude that Greene failed to establish an element of her retaliation claim, and therefore, the City’s sovereign immunity was not waived by the TCHRA, we reverse the trial court’s judgment and dismiss Greene

Michael Graham v. Rosban Construction, Inc. and Jack R. Bandy

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2009

Summary judgment based on an affirmative defense, such as qualified immunity, is proper if the movant establishes all of the elements of the defense as a matter of law. Montgomery v. … When a defendant seeks summary judgment based on qualified privilege, it is the defendant's burden to conclusively establish that his allegedly defamatory statement was made with an absence of actual malice.

State v. Jones

2023 Ohio 4829 · Ohio Court of Appeals · Dec 29, 2023

Even if the record established that Mr. Jones could be considered a “qualifying adult[,]” the record is also devoid of any evidence indicating that Mr. … Jones’s burden to establish error on appeal, and he has failed to do so. State v. Grether, 9th Dist. Summit No. 28977, 2019-Ohio- 4243, ¶ 16, quoting State v. Patel, 9th Dist.

Kilroy v. State

14 Cal. Rptr. 3d 109 · California Court of Appeal · Jun 2, 2004

On the motion for summary judgment, the court concluded that Paulus is entitled to qualified immunity on the title 42 United States Code section 1983 claim and both defendants are entitled to immunity in connection with the … The issue decided in the federal proceeding (whether evidence must be suppressed because of deliberate and material omissions) is not identical to the issue to be decided here (whether Paulus is entitled to qualified immunity

Texas Animal Health Commission v. Garza

27 S.W.3d 54 · Texas Court of Appeals, 4th District (San Antonio) · Aug 14, 2000

immunity. … With respect to the waiver of governmental immunity, waiver or the consent to sue must be given clearly and unambiguously. Id. at 742 ; City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995). In Fernandez v.