Case law

Terry L. McIlvoy v. James Sharp

485 S.W.3d 367 · Missouri Court of Appeals · Feb 9, 2016

Roderick, Miller, and Hess asserted that they were entitled to sovereign immunity, were not "persons" under § 1983 because they were sued in their official rather than personal capacity, and were entitled to qualified immunity … Sharp further claimed to be entitled to qualified immunity.

Evans v. Stranger

307 A.D.2d 439 · Appellate Division of the Supreme Court of the State of New York · Jul 3, 2003

Municipalities are granted qualified immunity from liability for roadway planning decisions unless the plan was “evolved without adequate study or lacked reasonable basis” (Weiss v Fote, 7 NY2d 579, 589 [1960]; see Affleck … Qualified immunity applies where the municipality has considered and made a reasoned determination on the same issue presented to the jury (see Ernest v Red Cr. Cent. School Dist., 93 NY2d 664, 673 [1999]).

Galati v. Lake Havasu City

186 Ariz. 131 · Court of Appeals of Arizona · Feb 8, 1996

doctrines that conferred absolute and qualified immunity on various public entities and employees.” … Carroll, 178 Ariz. at 456-58 , 874 P.2d at 1013-15 (state and its employees entitled to qualified immunity for discretionary decision to revoke day care license). In Bird v.

Aberant v. Wilkes-Barre Area School District

89 Pa. Commw. 516 · Commonwealth Court of Pennsylvania · May 29, 1985

The petitioner School District claims that it is immune from liability under Section 8541 of the Judicial Code, that none of the eight exceptions in Section 8542(b) applies, and that one of the two qualifying conditions enumerated … Exceptions to governmental immunity (b) Acts which may impose liability.

Kostroski v. County of Marathon

158 Wis. 2d 201 · Court of Appeals of Wisconsin · Sep 18, 1990

We conclude that attendance at a picnic and as a spectator at a ball game in the park qualifies as recreational activity as well. … The Bystery court reconciled the apparent conflict between the recreational immunity statute and the highway liability statute by establishing this rule: " [U]nder sec. 895.52, Stats., a municipality is immune from liability

Wellsboro Area School District v. Tioga County Board for Assessment & Revision of Taxes

651 A.2d 592 · Commonwealth Court of Pennsylvania · Dec 6, 1994

This appeal raises the question of what, if anything, a School District was required to prove, so as to qualify for an exemption under this statute, once it established that the subject land is annexed to a schoolhouse. … taxation or assessments unless a statute clearly and unequivocally expresses the legislative will that such property shall not be immune: Robb v.

DAKOTA J. LACKEY v. IBERIA R-V SCHOOL DISTRICT, and JASON MORRIS

487 S.W.3d 57 · Missouri Court of Appeals · Mar 2, 2016

We reverse as to Morris because the summary judgment record fails to establish his Coverdell immunity. … if the summary judgment record – those “separately numbered paragraphs” and responses per Rule 74.04(c) – establishes every element of Coverdell immunity.

Schauer v. Morgan

175 S.W.3d 397 · Texas Court of Appeals, 1st District (Houston) · Sep 7, 2005

The usual limits of the qualified immunity accorded governmental employees does not apply. … the employee in his official capacity—not as barring liability claims made against him in his individual capacity, unless he establishes a qualified official immunity defense.

Newton v. Yates

170 Ind. App. 486 · Indiana Court of Appeals · Aug 31, 1976

These, items were not gathered in preparation of litigation, and clearly are not a part of the work-product immunity, and are relevant. … A showing of “good cause” by the moving party will necessitate an overriding of the qualified immunity and necessitate production of the documents. Newton claims that she had met the requirements of showing good cause.

Board of School Commissioners v. Pettigrew

851 N.E.2d 326 · Indiana Court of Appeals · Jul 25, 2006

Because we hold that the Board, Grubb and Torzewski are immune under the doctrine of qualified immunity, we need not reach whether the statements of Grubb and Torzewski were defamatory. … Defamation The Board maintains that even if the statements of Grubb and Torzewski were determined to be defamatory, it is immune to Pettigrew's claim of defamation under the doctrine of qualified privilege.

Leseberg v. O'GRADY

115 Conn. App. 18 · Connecticut Appellate Court · Jun 9, 2009

Absolute immunity, however, is strong medicine .... The presumption is that qualified rather than absolute *22 immunity is sufficient to protect government officials in the exercise of their duties. . . . … These actions are clearly within the scope of judicial functions of a judge of the Probate Court. See General Statutes §§ 45a-650, 45a-654 and 45a-661. In Phelps v.

Clayton v. Branson

170 N.C. App. 438 · Court of Appeals of North Carolina · Jun 7, 2005

Thus, “unlike various government officials, municipalities do not enjoy immunity from suit — either absolute or qualified — under § 1983. … We conclude that each of these factors, standing alone or considered collectively, clearly bear a rational relationship to legitimate governmental goals.

Atlantic Coast Conference v. University of Maryland

230 N.C. App. 429 · Court of Appeals of North Carolina · Nov 19, 2013

Qualified Personnel, Inc., 294 N.C. 200, 208 , 240 S.E.2d 338, 343 (1978). … App. 378, 380 , 451 S.E.2d 309, 311 (1994) for the proposition that “when [a] motion is made on the grounds of sovereign and qualified immunity, ... a denial is immediately appeal-able, because to force a defendant to proceed

Munoz v. City of New York

2025 NY Slip Op 02291 · Appellate Division of the Supreme Court of the State of New York · Apr 22, 2025

In their answer to plaintiff's complaint for negligence, defendants asserted four affirmative defenses: culpable conduct, assumption of risk, qualified immunity, and emergency doctrine. … Defendants failed to raise issues of fact as to the emergency doctrine or governmental immunity.

Val/Del, Inc. v. Superior Court

145 Ariz. 558 · Court of Appeals of Arizona · Jan 2, 1985

The procedures established in those regulations, which petitioner alleges must be met before a tribe will be accorded federal recognition and therefore enjoy immunity from suit, include: “(a) [T]he petitioner [tribe] has … Spicer’s books show that the tribe has not attempted to revive any system of government their predecessors may have established in Mexico, they would not qualify for federal recognition under 25 C.F.R. § 83.7 .

Lopez v. US Sprint Communications Co.

973 So. 2d 819 · Louisiana Court of Appeal · Dec 5, 2007

The plaintiffs also aver that the district court misapplied the theory of immunity from tort liability. … In the matter sub judice, Sprint has shown an absence of factual support for the plaintiffs' claim of tort liability and has established immunity pursuant to the statutory employer defense.

In Re Train Collision at Gray, Ind.

654 N.E.2d 1137 · Indiana Court of Appeals · Aug 15, 1995

Further, it is the challenger's burden to show that the alleged constitutional defects are clearly apparent. Matter of Tina T. (1991), Ind., 579 N.E.2d 48, 56-57 (citation omitted). … permit other units to eventually qualify.

McGowan v. State

41 A.D.3d 670 · Appellate Division of the Supreme Court of the State of New York · Jun 19, 2007

On appeal, the claimants contend, and the defendant concedes, that the Court of Claims erred “in finding . . . qualified immunity [for] a governmental function,” and agreed that in this case the defendant’s snow removal operations … Here, because the Court of Claims incorrectly determined that the defendant was immune, it dismissed the claim on the basis of the immunity defense.

Balderree v. Beeman

837 S.W.2d 309 · Missouri Court of Appeals · Aug 3, 1992

LOCLG’s bylaws establish the duties of Executive Director as follows: Section 6.1 ... … Beeman’s effort to assert qualified privilege is thwarted by the same principle that barred her from relying on official immunity. She swore to the jury that she did not make the allegedly defamatory statements.

Shope v. Portsmouth

2012 Ohio 1605 · Ohio Court of Appeals · Apr 4, 2012

. {¶13} Once immunity is generally established, “the second tier of analysis is whether any of the five exceptions to immunity in subsection (B) apply.” Id. at ¶ 12. … In other words, regardless of whether obstruction-related traffic control devices qualify as public roads, Scioto App.