Case law

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.

Cassanova Gabriel v. State of Florida

District Court of Appeal of Florida · Oct 16, 2024

Thus, the words, “immune from . . . civil action for the use or threatened use of such force by the person, personal representative, or heirs of the person against whom the force was used or threatened” clearly means that … In other words, “by the person, personal representative, or heirs” clearly and unambiguously apply to the status of a plaintiff in civil actions alone, thereby limiting immunity to the use of force against another person,

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.

People v. Urgitano

2026 NY Slip Op 02884 · Appellate Division of the Supreme Court of the State of New York · May 7, 2026

The supervising doctor was properly called to testify about the nature and extent of the victim's injuries and, given his experience in trauma care, was qualified to render an opinion about the victim's likely prognosis. … An immunity determination is subject to abuse of discretion review ( see CPL 50.20; 50.30), and there is no indication in the record that the witness at issue ever sought immunity for her alleged role in the incident as a

City of Jackson, Tennessee, ex rel. v. State of Tennessee, ex rel.

Court of Appeals of Tennessee · May 27, 2008

The Tennessee Supreme Court has consistently held that a waiver of sovereign immunity will not be found “unless there is a statute clearly and unmistakably disclosing an intent upon the part of the Legislature to permit such … As stated before, it is clearly and expressly the city’s intent, as evidenced by the allegations in its complaint, to recover reimbursement of its demolition expenses which is clearly “a view to reach the state, its treasury

Unarco Material Handling, Inc. v. Liberato

317 S.W.3d 227 · Court of Appeals of Tennessee · Mar 2, 2010

As a consequence, the battleground has shifted from deciding whether to adopt the litigation privilege to establishing the parameters of its application. Id. at 24. … "Thus, an absolute privilege is, in effect, a complete immunity.” Id.

Heins v. Vanbourgondien

180 A.D.3d 1019 · Appellate Division of the Supreme Court of the State of New York · Feb 26, 2020

Thus, in the field of traffic design engineering, the [governmental body] is accorded a qualified immunity from liability arising out of a highway planning decision'" ( Tyberg v City of New York , 173 AD3d at 1240, quoting … "To establish its entitlement to qualified immunity, the governmental body must demonstrate that the relevant discretionary determination by the governmental body was the result of a deliberate decision-making process'" (

Gersten v. Sun Pain Management, P.L.L.C.

242 Ariz. 301 · Court of Appeals of Arizona · Apr 18, 2017

The Act allows registered qualifying patients (“qualifying patients”) to claim immunity from state prosecution for using medical marijuana consistent with the Act. Dobson v. … , that his or her actions fall within the range of immune action.”)

Brannon v. Austinburg Rehabilitation & Nursing Center

190 Ohio App. 3d 662 · Ohio Court of Appeals · Nov 5, 2010

Brannon’s qualified expert and then awarding ARNC summary judgment, we reverse that judgment and remand the cause as to Ms. … Sovereign Immunity of ACDJFS {¶ 34} Lastly, Ms. Brannon contends that the trial court erred in awarding summary judgment to ACDJFS, finding it to be immune as a political subdivision from Ms.

Bowden v. Iona Grammar School

284 A.D.2d 357 · Appellate Division of the Supreme Court of the State of New York · Jun 11, 2001

The plaintiffs established a likeli *359 hood of success on the merits. … Notably, the New Rochelle City School District informed the plaintiffs that the infant plaintiff would in all likelihood qualify for a religious exemption if he attended public school.

Bundy v. Five Rivers Metroparks

152 Ohio App. 3d 426 · Ohio Court of Appeals · Apr 4, 2003

To overcome this presumption, the challenger must establish that a statute is “clearly unconstitutional beyond a reasonable doubt.” Id.; State v. … (Emphasis added.) 92 Ohio St.3d at 372 [ 750 N.E.2d 554 ], ‘Evolved’ is the key qualifier here.

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.

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.

Aventis Pharmaceutical Inc, V Wa State Department Of Revenue

428 P.3d 389 · Court of Appeals of Washington · Oct 16, 2018

The statute at issue required that for Stroh to qualify for the exemption, neither Stroh’s representative “‘[n]or any other person’” sell Stroh’s products in a permanent retail establishment. Stroh Brewery, 104 Wn. … 13 50641-6-II sold in any retail establishment.

Apthorp v. Detzner

162 So. 3d 236 · District Court of Appeal of Florida · Feb 23, 2015

Apthorp’s case arises under Chapter 86, the Declaratory Judgment Act, which authorizes trial courts to render declaratory judgments on the existence, or non-existence, of any immunity, power, privilege, or right. § 86.011 … within a qualified blind trust.

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.