Case law

Fulton County v. Colon

316 Ga. App. 883 · Court of Appeals of Georgia · Jul 13, 2012

Because Colon and Warren sought to benefit from the waiver of the County’s sovereign immunity from suit, they had the burden of establishing the waiver. Id.; Dept. of Transp. v. Dupree, 256 Ga. … The parties do not dispute that Fulton County qualifies as a “public employer” under OCGA § 45-1-4 (a) (4) because it is a “local or regional governmental entity that receives any funds from the State of Georgia or any state

People v. Onesra Enterprises

California Court of Appeal · Jan 19, 2017

Immunity—LAMC Section 45.19.6.3, Subdivision E In regard to LAMC section 45.19.6.2, the trial court determined defendants did not qualify for immunity under LAMC section 45.19.6.3 because they failed to satisfy the … Thus, the use of the disjunctive clearly expresses that the failure to obtain registration either in 2011 or 2012 will suffice to disqualify the defendant from immunity.

Brown v. Mayor of Detroit

271 Mich. App. 692 · Michigan Court of Appeals · Oct 26, 2006

Specifically, the Dudewicz Court explained: In any event, Dickson is clearly distinguishable on its facts. … Under MCL 15.361(d)(v), the FBI would qualify as a separate “public body.”

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.

Haugh v. City of Louisville

242 S.W.3d 683 · Court of Appeals of Kentucky · Dec 7, 2007

In light of the testimony of the estate’s own re- *687 tamed expert, we fail to see any possible material issue of fact defeating the arresting officers’ claim to qualified immunity. … Clearly, the officers acted within the scope of their official discretion.

City of El Paso v. W.E.B. Investments

950 S.W.2d 166 · Texas Court of Appeals, 8th District (El Paso) · Aug 13, 1997

The City claims that it established, as a matter of law, its affirmative defense of sovereign immunity and that the trial court erred in not granting its motion for directed verdict and its motion for judgment n.o.v. … Qualified Immunity Based on Discretionary Acts of Employees Next, the City argues that any negligence arose from discretionary acts of City employees deciding to demolish, and formulating the order directing demolition of

Moraccini v. City of Sterling Heights

296 Mich. App. 387 · Michigan Court of Appeals · May 1, 2012

Clearly, the curb cutout was designed to make pedestrian travel easier for all individuals, not for ease in vehicular travel. We shall, however, review a couple of cases addressing curbs in general. … A curb cutout is conducive, and is intended to be conducive, to pedestrian travel, and it qualifies as part or an extension of the sidewalk.

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.

Hogan v. Village of South Lebanon

73 Ohio App. 3d 230 · Ohio Court of Appeals · Apr 22, 1991

The district court found the resolution to be unconstitutional, but determined that the trustees were entitled to qualified immunity. … If their conduct is administrative, they are entitled to qualified immunity. If their conduct is neither judicial, legislative nor administrative, they are not entitled to any immunity.

the City of Fort Worth v. Janet Anne Lane

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 22, 2011

In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. … hold that Lane established a waiver of immunity under the Whistleblower Act, we affirm the trial court’s order.

the Gulf Coast Center v. Daniel Curry, Jr.

Texas Court of Appeals, 1st District (Houston) · Feb 6, 2020

Applicable law and standard of review Under the common law, immunity from liability and immunity from suit are discrete aspects of governmental immunity. Rusk State Hosp. v. … The TTCA provides a limited waiver of governmental immunity—either immunity from suit or immunity from liability—under specified circumstances.

Richard v. BD. OF SUPER. OF LA. STATE UNIV.

960 So. 2d 953 · Louisiana Court of Appeal · Mar 28, 2007

Richard's claims had prescribed, were moot, were barred by LSU's Eleventh Amendment immunity, were barred by Ms. Rogé's qualified immunity, and that the reason for Ms. … If the court determines that the law was clearly established at the time the action occurred, the Harlow analysis requires the public official claiming immunity to show that, because of extraordinary circumstances, "he neither

County of Maverick v. Ruiz

897 S.W.2d 843 · Texas Court of Appeals, 4th District (San Antonio) · Feb 15, 1995

Leeper is unclear as to whether the Declaratory Judgments Act waives immunity for governmental officials. … However, we do not need to reach a determination on the applica *848 bility of Leeper , because individual governmental officials enjoy a qualified common-law immunity from personal liability when performing discretionary

Gray v. St. Cecilia's School

217 N.J. Super. 492 · New Jersey Superior Court Appellate Division · May 13, 1987

. *494 It is not disputed that Gray was on the premises only to transport her son from school, that she and her son are Roman Catholic, that defendants qualify as non-profit religious and educational organizations for purposes … Cecilia's to pray on the date of the accident, or even to discuss her child's educational progress or to view a school play, her presence was clearly incident to accomplishment of a purpose of her own, to insure that her

Ramone Taylor v. Raquel Campbell

Court of Appeals of Georgia · Mar 14, 2013

The trial court denied the motion, giving rise to this appeal.3 The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit … Qualified immunity protects individual public agents from personal liability for discretionary actions taken 3 Although the order appealed from is interlocutory, we have jurisdiction under the collateral

Gallegos, Enrique L. v. Escalon, Lily G. and David Rodriguez

Texas Court of Appeals, 13th District · May 6, 1999

In determining whether the school board proceeding at which Gallegos made his statement qualifies as quasi-judicial, we consider which powers outlined in Jacobs the school board exercised. … Second, in exercising its authority to govern, the school board clearly possess the power to "hear evidence and ascertain facts," that is, to investigate, in order to guide its actions.

South Carolina Public Interest Foundation v. Courson

420 S.C. 120 · Court of Appeals of South Carolina · May 11, 2017

The legislation also changed the appointment process for board members and established criteria for board members of the newly-created board. Upon its passage, the legislation became Act 17 of 2011. … App. 2001) (noting qualifying a prosecutor’s immunity would “prevent the vigorous and fearless performance of the prosecutor’s duty that is essential to the proper functioning of the criminal justice system” (quoting Imbler

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.

Wood v. State ex rel. Department of Wildlife & Fisheries

989 So. 2d 280 · Louisiana Court of Appeal · Aug 13, 2008

Furthermore, he has never been qualified as an expert in any Louisiana court. … was not entitled to immunity under La.

Lee v. Quinn

229 So. 3d 13 · Louisiana Court of Appeal · Sep 15, 2017

R.S. 40:1231.1, et seq., and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider. … Boudreaux maintained that he was a qualified health care provider pursuant to Louisiana law and was entitled to immunities from liability and limitations of liability as a qualified healthcare provider, and that he possessed