Case law

Young v. Blytheville School District

2013 Ark. App. 50 · Court of Appeals of Arkansas · Jan 30, 2013

This immunity is qualified; section 21-9-301 does not provide immunity for the intentional torts of school districts and their employees, only their negligent acts. Deitsch v. … Generally, an isolated incident is insufficient to establish such a policy or custom. Repking, supra.

Bradford v. State of California

36 Cal. App. 3d 16 · California Court of Appeal · Dec 13, 1973

Code, § 820 et seq.).3 * 5 Section 815 states that there is no entity liability, unless it is established by statute. … It then points to the entity immunity for misrepresentation stated in section 818.8. Out of the many possible answers to this suggestion we mention only two: 1. The allegation is clearly surplusage.

Nevin v. Palm Beach County School Bd.

958 So. 2d 1003 · District Court of Appeal of Florida · May 25, 2007

Salazar's findings and opinions are covered by work-product immunity. … This is clearly a categorical claim of privilege, and the category referenced is undeniably protected by work-product immunity.

Farris v. Mississippi Transportation Commission

63 So. 3d 1241 · Court of Appeals of Mississippi · Mar 22, 2011

Second, and more to the point, even though the provision contains obligatory language, it is qualified by a number of exceptions, which clearly require the use of judgment and discretion with regard to trees located within … In Knight , this Court explained that “where any of the immunities enumerated in section 11-49-9(1) apply, the government is completely immune from the claims arising from the act or omission complained of.”

Leverett v. State

61 Ohio App. 2d 35 · Ohio Court of Appeals · Oct 26, 1978

The issue before that court was whether the suit met the qualifying factors for a cause of action under Section 1983, Title 42, U. S. Code. … The addition of the words “or discharge” in the liability section clearly indicates that the General Assembly intended for doctors practicing in mental hospitals to be free from liability for the discharge of patients if

Helton v. Kettering Medical Ctr.

2026 Ohio 1476 · Ohio Court of Appeals · Apr 24, 2026

Because Helton had the burden to establish the elements of R.C. 2305.51(B), KHBMC’s amended answer adding an immunity defense was unnecessary and irrelevant. … The trial court permitted the late amendment adding the immunity defense and then sua sponte vacated the trial date, reopened discovery related to the immunity defense, and established a briefing schedule for a second motion

Sande v. City of Portland

185 Or. App. 262 · Court of Appeals of Oregon · Dec 11, 2002

Hawaii T & S Enterprises, Inc., 179 Or App 416, 419 , 39 P3d 931 (2002), there are “three criteria that a government function or duty must meet in order to qualify for discretionary immunity. … As noted, summary judgment in the city’s favor on discretionary immunity grounds was proper only if it established all of the elements of discretionary immunity.

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.

People v. Housman

163 Cal. App. Supp. 3d 43 · Appellate Division of the Superior Court of California · Nov 27, 1984

Not more than three (3) permits shall be issued for each qualified dwelling unit to any qualified applicant. … Clearly the cultural and educational rewards of international travel (Kent v.

Johnson v. Sandel

920 S.W.2d 751 · Court of Appeals of Texas · Feb 9, 1996

The trial court’s order protects the defendants from answering discovery “pending the resolution of the threshold issue of the defendants’ qualified immunity.” … The trial court clearly abused its discretion when it denied discovery on immunity, the dispositive issue, and the relator has no remedy by appeal. COHEN and WILSON, JJ., also participating.

Ovation Condominium Association, Inc. v. Alys W. Cox

Court of Appeals of Georgia · Mar 10, 2025

Springer is qualified to offer testimony as to Cox’s symptoms and treatment. … specific causation, Marks’ own testimony and affidavit clearly belie this contention.

Buras v. United Gas Pipeline Co.

598 So. 2d 397 · Louisiana Court of Appeal · Mar 31, 1992

Appellant argues that the property in the instant case is remote, undeveloped and non-residential so as to qualify for the statutory immunity. … At trial, plaintiff introduced the testimony of Sonny Starns who was qualified by the court in the field of pipeline construction, maintenance and safety.

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.

Kuelbs v. Williams

609 N.W.2d 10 · Court of Appeals of Minnesota · Apr 11, 2000

Are respondents protected from defamation liability by qualified privilege? 3. … The district court did not reach the issue of privilege because it concluded respondents were entitled to official immunity and vicarious official immunity.

Kevin M. Pritts v. City of Round Rock, Round Rock Police Department, and Jeffrey Floyd

Texas Court of Appeals, 3rd District (Austin) · Mar 25, 2004

An officer is shielded by immunity if a reasonable officer could have believed the act was lawful, in light of clearly established law and the information the officer possessed. Id. at 641; see Hunter v. … As discussed above, Floyd established his right to qualified immunity.

Liang v. Rosedale Group Home

19 A.D.3d 654 · Appellate Division of the Supreme Court of the State of New York · Jun 27, 2005

We reject the child care agency’s contention that it was entitled to the qualified immunity protection afforded by Social Services Law § 419. … “It is well settled that a claim of qualified immunity cannot be raised to bar inquiry into an agency’s or county’s alleged negligent supervision of children in foster care” (Merice v County of Westchester, 305 AD2d 383,

Brooks v. Ohio State University

111 Ohio App. 3d 342 · Ohio Court of Appeals · May 14, 1996

Appellant asserts that R.C. 2305.25 provides a qualified immunity for a member of a quality assurance committee; however, that immunity can be negated if the member acts outside the scope of the committee’s functions or if … In addition, appellant asserts that R.C. 2305.24 establishes immunity for a physician who furnishes information about a patient that he treated, but does not establish immunity for everything the physician might have done

Bricker v. Warch

152 Md. App. 119 · Court of Special Appeals of Maryland · May 1, 2003

The court found that “summary judgment on the malicious prosecution case is required because of the provisions of Section 27-802 of the Insurance Article,” which affords a qualified civil immunity to those who make a good … It continues to be qualified to do business in Maryland.

Sickles v. Jackson County Highway Department

196 Ohio App. 3d 703 · Ohio Court of Appeals · Nov 17, 2011

The parties agree that the engineer’s and the commissioners’ offices qualify for the general grant of immunity under the Political Subdivision Tort Liability Act. … Id. {¶ 20} The Sickleses do not dispute appellants’ contention that claims against the Jackson County commissioners and Jackson County engineer generally qualify for the broad grant of immunity under R.C. 2744.02

Audrey West v. Department of Natural Resources

Michigan Court of Appeals · Aug 6, 2020

“It is well established that governmental immunity is not an affirmative defense, but is instead a characteristic of government.” … It is a plaintiff’s burden to plead and prove facts establishing an exception to governmental immunity. Fairley, 497 Mich at 298, 300; Mack, 467 Mich at 198.