Case law

Gabris v. Blake

5 Ohio App. 2d 57 · Ohio Court of Appeals · Jan 25, 1966

The comments in Standard Fire as to nuisance are also clearly dicta. … Perhaps it was an ‘ ‘ absolute ’ ’ nuisance and not merely a ‘ ‘ qualified ’ ’ one.

Tesson v. Commissioner, Massachusetts Department of Public Welfare

6 Mass. L. Rptr. 623 · Massachusetts Superior Court · Apr 25, 1997

The Court (Fremont-Smith, J.) denied Tesson’s motion on the ground that a government official, such as the Commissioner, enj oys a qualified immunity from suit for civil damages when he or she is performing a discretionary … function and when, “at the time of the challenged action, the statutory or constitutional right allegedly violated was not ‘clearly established.’ ” Breault v.

Klassette Ex Rel. Klassette v. Mecklenburg County Area Mental Health, Mental Retardation & Substance Abuse Authority

88 N.C. App. 495 · Court of Appeals of North Carolina · Feb 2, 1988

of its governmental immunity. … The Center was established pursuant to the general provisions of N.C.G.S. Sec. 122C et seq. (1986).

McVay v. Rich

18 Kan. App. 2d 746 · Court of Appeals of Kansas · Sep 3, 1993

K.S.A. 1992 Supp. 40-3403 establishes the Health Care Stabilization Fund. … This would also allow the plaintiff to circumvent K.S.A. 65-4922(e), which establishes that a health care provider is not liable for failing to establish and maintain an internal risk management program.

Lilli M. Heinrich/Michael v. Calderazzo, Mark Austin, Stanley Hays, Tyler Grossman, Ralph Johnson, Jerry Villanueva, William F. Studer, Terri Garcia, Dr. Robert D. Tollen, John Davis III v. Michael v. Calderazzo, Mark Austin, Stanley Hays, Tyler Grossman, Ralph Johnson, Jerry Villanueva, William F. Studer, Terri Garcia, Dr. Robert D. Tollen, John Davis III/Lilli M. Heinrich

569 S.W.3d 247 · Texas Court of Appeals, 8th District (El Paso) · Nov 28, 2018

“An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion.” Anderson v. … But if both a qualified spouse and a qualified child survived the member, the spouse would receive a two-thirds pension payment and the qualified child or children would receive a one-third pension, totaling 100 percent

Service Employment Redevelopment v. Fort Worth Independent School District

163 S.W.3d 142 · Court of Appeals of Texas · May 12, 2005

provides the “requisite clarity to establish a waiver of immunity from suit”). 8 . … waiver of immunity from suit, but recognizing that "sue and be sued” language provides the "requisite clarity to establish a waiver of immunity from suit”); Goerlitz, 101 S.W.3d at 577 (holding immunity from suit waived

Cosme v. Town of Islip

102 A.D.2d 717 · Appellate Division of the Supreme Court of the State of New York · Jun 12, 1984

Such a privilege confers absolute immunity from suit. … Clearly, the responses were within Cohalan’s competence and in the performance of his official duties as an elected official.

Kramer v. Town of Derby

Vermont Superior Court · Sep 23, 2024

, it may only assert the more limited qualified municipal employee immunity defenses? … The Limits of the Present Action In its reply brief, the Town outlines at substantial length the long and well-established history of municipal sovereign immunity and immunity for the work of maintaining town highways

Sobol v. Marsh

212 Ariz. 301 · Court of Appeals of Arizona · Apr 5, 2006

ACJA does not afford any immunity, absolute or qualified, to complainants. 7 This has no bearing upon our analysis. … Section 7~208(H)(l)(g) simply supplants the second part of Rule 80(a)(6) by providing qualified immunity only to those performing official duties as staff members, Board members, or Board advisors.

Horne v. SCHOOL BD. OF MIAMI-DADE COUNTY

901 So. 2d 238 · District Court of Appeal of Florida · Apr 18, 2005

The court determined that if the " Morgan immunity" is to have any meaning, the protection the immunity affords must continue when the official departs from public service. Id. … former officials to depositions without satisfying the necessary requirements be unduly burdensome for the officials, it could very well, as the court in Wal-Mart Stores, Inc. explained, serve as a significant deterrent to qualified

Bibler v. Stevenson

2015 Ohio 3717 · Ohio Court of Appeals · Sep 14, 2015

. {¶16} Here, the Biblers do not dispute that the City is a political subdivision and qualifies for general immunity. … has been established by the political subdivision, the burden lies with the plaintiff to show that one of the recognized exceptions applies.

Segaline v. STATE, DEPT. OF L&I

182 P.3d 480 · Court of Appeals of Washington · Apr 29, 2008

Segaline then had to show by clear and convincing evidence that L & I abused its qualified immunity, i.e., that L & I knew or recklessly disregarded the falsity of its communications. … Croft did not learn of Segaline's arrest until after it had occurred. [11] Because of this holding, we do not need to decide whether Croft had qualified immunity.

St. Bernard's Community Hospital Corporation D/B/A Crossridge Community Hospital v. Terry Cheney, in His Capacity as Special Administrator of the Estate of Sandra Cheney, Deceased; Charles King Bibby, M.D.; Wynne Medical Clinic, P.A.; James Donald Cathey, M.D.; Zachary Lloyd Stevenson, M.D.; And Elizabeth A. Ramsey, R.N.

625 S.W.3d 398 · Court of Appeals of Arkansas · May 12, 2021

CrossRidge argues on appeal that it established entitlement to summary judgment on the basis of charitable immunity. … Clearly, summary judgment is even less appropriate when there are disputed issues of material fact.

Passman v. Torkan

34 Cal. App. 4th 607 · California Court of Appeal · Apr 26, 1995

immunity. … immunity.”

Bobby and Joyce Seguin v. Bexar Appraisal District and Appraisal Review Board and Michael Amezquita, Individually

373 S.W.3d 699 · Texas Court of Appeals, 4th District (San Antonio) · May 16, 2012

Amezquita also filed a motion for summary judgment on the ground that he is not a required party, is not a proper party in his individual capacity, and is entitled to official and qualified immunity. … NON-TAX CODE CLAIMS The Seguins argue that governmental immunity does not apply because “the sole purpose of the Seguins’ claim is not to obtain money damages, but to establish that Chief Appraiser Amezquita

Stancel v. Schultz

226 So. 2d 456 · District Court of Appeal of Florida · Sep 19, 1969

V, § 6(6) of the Constitution, F.S.A., rather clearly limit his duties and authority to the judicial circuit wherein he has been duly elected and qualified. F.S. § 27.01 et seq., F.S.A. … Clearly, the relator does not have statutory immunity [1] which would bar prosecution. [2] Our immunity statute, supra, deals only with investigations or proceedings in the courts and does not include investigations or hearings

Aragon v. Clover Club Foods Co.

217 Utah Adv. Rep. 22 · Court of Appeals of Utah · Jul 9, 1993

As a result, any attempt to establish new guidelines for identifying “common law employers” is misdirected. … Such efforts could be justified. 8 A parent corporation clearly is not a stranger to a subsidiary employee’s employment.

Doutre v. Box Elder County

548 P.3d 914 · Court of Appeals of Utah · Apr 18, 2024

Governmental entities “retain immunity from suit unless that immunity has been expressly waived” by the UGIA. Id. § 63G-7-101(3). … Commission clearly has the lawful authority and duty to make the decision.

Duarte v. City of San Jose

100 Cal. App. 3d 648 · California Court of Appeal · Jan 2, 1980

We note that Government Code section 815, subdivision (b) provides that the liability “established by this part (commencing with Section 814) is subject to any immunity of the public entity provided by statute, including … No similarly explicit language declares that the liabilities imposed outside the Tort Claims Act are subject to any immunity established by the act.

Sinclair v. State, Louisiana Department of Public Safety and Corrections

769 So. 2d 1270 · Louisiana Court of Appeal · Nov 3, 2000

But the alternative of qualifying a prosecutor's immunity would disserve the broader public interest. … The court stated clearly that it felt that Mr. Brooks was acting as an "advocate of the state" at all times and in all actions he undertook in regard to Mr. Sinclair's case.