Case law

Grayson v. State Ex Rel. Children's Hospital of Oklahoma

63 O.B.A.J. 3214 · Court of Civil Appeals of Oklahoma · Sep 15, 1992

insufficient to establish it. … Pollay on the ground that he was protected by immunity under the Governmental Tort Claims Act, 51 O.S.Supp.1985 § 151 et seq.

Musulin v. University of Michigan Board of Regents

214 Mich. App. 277 · Michigan Court of Appeals · Nov 14, 1995

kinds of public operations that should not qualify for immunity, and that a government agency that owns or operates a hospital will be treated like its private sector counterparts — including being subject to liability for … We do not retain jurisdiction._ 1 We are not here concerned with plaintiffs’ ability to establish *279 defendant’s liability.

Transky v. Ohio Civil Rights Commission

193 Ohio App. 3d 354 · Ohio Court of Appeals · Apr 15, 2011

If they were acting in the latter capacity, appellants claim that the officials are entitled only to qualified immunity. … , but merely qualified immunity.

Amie Villarini v. Iowa City Community School District

Court of Appeals of Iowa · Oct 30, 2024

And the school district cross-appeals the court’s denial of leave to amend its answer to assert a qualified-immunity defense. We agree that the fair-report privilege shields the school district from liability. … While the summary-judgment motion was pending, the school district moved to amend its answer to raise a new affirmative defense under the municipal qualified-immunity statute. See Iowa Code § 670.4A.

S. Hoover v. S.A. Stine, PennDOT and the Borough of Waynesboro

153 A.3d 1145 · Commonwealth Court of Pennsylvania · Nov 15, 2016

Not only has Hoover failed to establish that Waynesboro or PennDOT’s purported negligence caused her injuries, she has failed to establish that the alleged negligence fell within any exception to immunity. … In this case, the z-bricks and concrete headers clearly established the path for pedestrian egress across the highway, just as the painted crosswalk did in Glenn, thereby serving

Buhr v. State

295 A.D.2d 462 · Appellate Division of the Supreme Court of the State of New York · Jun 17, 2002

The claimant subsequently commenced this claim against the State of New York, contending that the State was not entitled to qualified immunity since its decision not to install traffic lights at the subject intersection was … It is well settled that “the State is accorded a qualified immunity from liability arising out of a highway planning decision” (Fr iedman v State of New York, 67 NY2d 271, 283 ).

BANK OF AMERICA, N.A. v. LISA S. DULBERG DE MORALES

District Court of Appeal of Florida · Dec 9, 2020

Resha, 648 So. 2d 1187, 1189 (Fla. 1994) (“[A]n order denying qualified immunity is ‘effectively unreviewable on appeal from a final judgment,’ as the public official cannot be ‘re-immunized’ if erroneously required to … Jeffrey, 178 So. 3d 460, 465 (Fla. 1st DCA 2015) (certiorari available against order denying officer’s assertion of qualified immunity but not against denial of state’s assertion of sovereign immunity, since potentially

Board of Registration for the Healing Arts v. Spinden

798 S.W.2d 472 · Missouri Court of Appeals · Oct 9, 1990

But Subdivision (b)(3) demoted work product to a qualified immunity and permitted discovery only upon a showing of need and hardship. May Dept. Stores Co. v. Ryan, 699 S.W.2d 134, 137 (Mo.App.1985). … The ruling that the sought after materials were not privileged was correct because these materials clearly did not qualify for an attorney-client privilege.

DRJ Atlantic, LLC D/B/A Hyundai of Jacksonville v. Amir Babadi,Cheryl Yeschenko, State Farm Mutual Automobile Insurance Company and Progressive American Insurance Company

District Court of Appeal of Florida · Sep 5, 2024

Regarding claims of immunity, the rule permits interlocutory review of orders that deny claims of “(i) absolute or qualified immunity in a civil rights claim arising under federal law; . . . … As our supreme court explained in the context of qualified immunity—which, like the immunity at issue in this case, is immunity from suit rather than a defense to liability—the entitlement to

Daniels v. Seattle Seahawks

92 Wash. App. 576 · Court of Appeals of Washington · Sep 17, 1998

immunity pursuant to RCW 51.24.030(1).” … Auld clearly desired, and consented to, the employment relationship. See Clerk’s Papers at 219. We recognize that despite the Seahawks’ physical control over Dr. Auld’s agreed upon functions, Dr.

Hadley v. Department of Corrections

362 Ill. App. 3d 680 · Appellate Court of Illinois · Dec 13, 2005

Thus, sovereign immunity bars lawsuits by a private citizen against the State in state court unless the legislature has waived the immunity. People ex rel. Manning v. … App. 3d 675, 682-83 , 695 N.E.2d 566, 571 (1998)), we ask whether plaintiff has pleaded facts establishing that he has a certain and clearly ascertainable right needing protection (see Local 1894 v. Holsapple, 201 Ill.

Kincaid v. Cardwell

300 Mich. App. 513 · Michigan Court of Appeals · Apr 18, 2013

However, if the parties present evidence that establishes a question of fact concerning whether the defendant is entitled to immunity as a matter of law, summary disposition is inappropriate. Id. … to treat her and failed to refer her to someone who was qualified: No later than April 23 [sic], 2008, Dr.

Gregor v. Argenot Great Central Ins. Co.

817 So. 2d 152 · Louisiana Court of Appeal · Jun 21, 2002

If the employee has a choice as to appropriate conduct, there is no immunity. … This argument is a veiled attempt to apply the qualified immunity adopted in LSA-R.S. 9:2798.1. [3] DHH has attached a copy of this article from the university's web site.

University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

Texas Court of Appeals, 4th District (San Antonio) · May 7, 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

Batt v. Globe Engineering Co.

13 Kan. App. 2d 500 · Court of Appeals of Kansas · May 19, 1989

In Smith , the New Mexico Supreme Court held that a New Mexico statute making medical peer review records immune from discovery did not create an evidentiary privilege and, therefore, did not conflict with the court’s rules … The statute clearly and unambiguously provides that such transcripts are inadmissible at any proceeding, except those specifically set forth in K.S.A. 1988 Supp. 44-714.

Jahn v. Board of Education

Connecticut Appellate Court · Sep 9, 2014

In the early twentieth century, our courts extended qualified immunity to municipal employees as well. . . . … Whether the doctrine of qualified immunity in the performance of a discre- tionary governmental act also applies to Harkins is not an issue in this appeal.

Deringer v. Rossi

260 A.D.2d 305 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 1999

There is a principle of qualified immunity that prevents a trier of facts from second-guessing the planning decisions of governmental bodies regarding such operations as traffic control and regulation (Weiss v Fote, 7 NY2d … Once a municipality determines to remedy a potentially dangerous traffic condition, any delay in doing so can expose the municipality to liability, notwithstanding the qualified governmental immunity (Pizzi v City of New

Ackerman v. OHSU MEDICAL GROUP

233 Or. App. 511 · Court of Appeals of Oregon · Feb 10, 2010

Regarding the legislature’s limitation of the individual employees’ liability, however, the court concluded that, because the employees would not have qualified for sovereign immunity at common law, the plaintiffs remedy … Plaintiff’s remedy against West West, as an employee of OHSU and Medical Group, clearly falls within the scope of the substitution and cap statutes.

N.M. State Land Off. v. Siddens & Dodson, LLP

New Mexico Court of Appeals · Jun 12, 2025

“A movant establishes a prima facie case 15 when the motion is supported by such evidence as is sufficient in law to raise a 16 presumption of fact or establish the fact in question unless rebutted.” Id. … The State of New Mexico has had prior knowledge of this 2 potential and did nothing about it. 3 Siddens agreed as well with the SLO’s description of the tort claim notice as having 4 communicated a “clearly stated

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