Case law

Bouchon v. Citizen Care, Inc.

176 A.3d 244 · Superior Court of Pennsylvania · Dec 6, 2017

Plaintiffs’ Complaint fails to allege facts necessary to support a finding of gross negligence, as required in light of the qualified immunity under the Mental Health and Mental Retardation Act … facts that could establish gross negligence on the part of Robinson EMS.

T.H. and C.C. v. University of Kansas Hosp. Auth.

53 Kan. App. 2d 332 · Court of Appeals of Kansas · Jan 6, 2017

K.S.A. 2015 Supp. 38-2223(f) does not qualify or limit the grant of immunity to situations in which reports of abuse are substantiated. … Nungesser, 283 Kan. at 559. 8  But here, the one exception to immunity that is clearly found in K.S.A. 2015 Supp. 38-2223(f) is when a report of abuse is made maliciously

Texas Association of School Boards Risk Management Fund // Southwest Texas Junior College v. Southwest Texas Junior College // Cross-Appellee, Texas Association of School Boards Risk Management Fund

Texas Court of Appeals, 15th District · Sep 30, 2025

Zachry only disagreed with City of Mesquite to the extent it and other cases allowed damages not waived under the statute; not that a trial court must parse the pleadings even where immunity has clearly … Finally, the College’s defenses are also clearly encompassed within the Act’s waiver of immunity as explicitly stated in Section 271.155.

Jones v. Peterman

743 A.2d 537 · Commonwealth Court of Pennsylvania · Dec 23, 1999

These defendants have no statewide policymaking functions, so do not qualify as officers of the Commonwealth for purposes of the Commonwealth Court’s original jurisdiction. … Jones seeks monetary damages for an alleged civil conspiracy to deprive him of his rights, which places his cause of action clearly within the definition of “action in trespass.”

Bernard v. Cincinnati

2019 Ohio 1517 · Ohio Court of Appeals · Apr 24, 2019

This broad immunity, however, is not without limits. … Moreover, just because a pipe fails or does not perform optimally does not establish negligence in the immunity context. 2. {¶26} The Bernards also turn exclusively

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.

Hammond v. Saini

229 N.C. App. 359 · Court of Appeals of North Carolina · Sep 3, 2013

However, where a party asserts a privilege or immunity that directly relates to the matter to be disclosed pursuant to the interlocutory discovery order and the assertion of the privilege or immunity is not frivolous or insubstantial … If so, plaintiff contends, the notes would not qualify for work product immunity under Rule 26(b)(3) because they would have been prepared pursuant to hospital policy as a matter of course following incidents of this nature

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

Humana Insurance Company v. Dolores Mueller

Texas Court of Appeals, 4th District (San Antonio) · Apr 28, 2015

Brown & Gay’s reliance on Filarsky’s qualified-immunity analysis is misplaced. … The federal doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

COURTNEY ENTERS. INC. v. Publix Super Markets, Inc.

788 So. 2d 1045 · District Court of Appeal of Florida · Apr 18, 2001

From 1978 until 1996 Publix leased space in the shopping center to Kissinger, who operated a dry-cleaning establishment next to Courtney's property. … program; and second, that it was also entitled to immunity under section 376.3078(11), Florida Statutes (Supp.1998), because it had conducted a voluntary clean-up before qualifying for the program.

Brown v. Labor Ready Northwest, Inc.

54 P.3d 166 · Court of Appeals of Washington · Sep 16, 2002

Henson told Stevens he was qualified to operate heavy machinery. Stevens considered Henson a good worker. He asked Labor Ready about Henson's qualifications, and was advised Henson was qualified to operate a forklift. … its employer status and consequently its immunity under industrial insurance statutes.

Parker v. St. Lawrence County Public Health Department

102 A.D.3d 140 · Appellate Division of the Supreme Court of the State of New York · Nov 21, 2012

In response, then Governor Paterson issued an executive order declaring a disaster emergency with respect to the influenza outbreak, which authorized state and local health departments to establish immunization programs in … We are unpersuaded by plaintiffs assertion that immunity pursuant to the PREP Act does not extend to qualified persons who administer a covered countermeasure to an individual without consent.

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.

Raulerson v. State of Florida

District Court of Appeal of Florida · Apr 30, 2025

On these facts, Raulerson has failed to show clearly and conclusively that he is immune from prosecution and that the trial court is acting beyond its jurisdiction. … Goodrich Co., 192 So. at 177. 6 The question for us is whether, when applying the law to those facts, the petitioner is clearly immune. Cf. Smith v.

Hoffman v. Warden

184 Mich. App. 328 · Michigan Court of Appeals · Jun 19, 1990

Third, plaintiff errs in asserting that defendants in fact made the decision that he qualified as requiring treatment under § 401. … Defendants argue that Ross held that anyone responsible for establishing a policy was immune from tort liability and that allegations against defendants Ray Adams and John P.

Ahmed Zidan v. Alexander Zidan F/K/A Mohammed Zidan

Texas Court of Appeals, 5th District (Dallas) · Nov 30, 2022

Communications in such proceedings are entitled to absolute immunity notwithstanding the actor’s motivation. … To the extent the majority has determined that the TREC communications constitute an unsolicited report to law enforcement or to a public officer that is only entitled to qualified immunity where motivation and malice

Dees v. Coaker

51 So. 3d 323 · Court of Civil Appeals of Alabama · Jul 17, 2009

In its September 12, 2008, order, the trial court did not clearly articulate its basis for granting the plaintiffs’ summary-judgment motion and for denying the defendants’ summary-judgment motion. … This Court has qualified those ‘exceptions,’ noting that ‘ “[a]n action is one against the [S]tate when a favorable result for the plaintiff would directly affect a contract or property right of the State, or would result

Petta v. Rivera

923 S.W.2d 678 · Texas Court of Appeals, 13th District · Jun 6, 1996

The court derived this test from federal immunity law and stated [W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed … The allegations and evidence thus presented clearly establish a cause of action separate and apart from a simple negligent infliction of emotional distress.

Collins v. City of Ferndale

234 Mich. App. 625 · Michigan Court of Appeals · Jun 29, 1999

The Supreme Court has repeatedly stressed that the governmental immunity act is a “broad grant of immunity.” … No action may be maintained under the highway exception unless it is clearly within the scope and meaning of the statute. Scheurman v Dep’t of Trans *629 portation, 434 Mich 619, 630 ; 456 NW2d 66 (1990).

Duncan v. Hampton County School District 2

335 S.C. 535 · Court of Appeals of South Carolina · May 10, 1999

If such evidence exists, then the District is not entitled to immunity under the SCTCA. … The District contends Duncan failed to establish the' foreseeability of her injuries and thus failed to establish legal cause. We disagree. A plaintiff proves legal cause by establishing foreseeability.