Case law

Christy Leann Smith v. Leona M. Pratt, of The Estate of Stephen M. Pratt, M.D., and HCA Health Services of Tennessee, Inc. d/b/a Centennial Medical Center

Court of Appeals of Tennessee · Apr 22, 2009

The qualified immunity policy is intended to encourage frank and thorough review of a doctor’s fitness to practice medicine. … We do not reach the issue of Centennial’s qualified immunity in this case.

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.

Morris v. Harvey Cycle and Camper, Inc.

392 Ill. App. 3d 399 · Appellate Court of Illinois · Jun 12, 2009

“It is established law that a correct decision on erroneous grounds is not a basis for reversal, and is harmless error. … The plaintiff appealed, arguing such immunity “condones and even encourages malicious harassment through police investigations.” Starnes, 184 Ill. App. 3d at 203 .

Jennings v. Hon agne/al-furaji

81 Arizona Cases Digest 7 · Court of Appeals of Arizona · Oct 20, 2022

And this petition involves a question of qualified 2  JENNINGS et al. v. … Discretionary Act Immunity ¶14 In the alternative, Petitioners argue that Officer Jennings is entitled to qualified immunity and would be liable only for gross negligence. We agree.

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

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.

Bresciani v. Haragan

1998 Colo. J. C.A.R. 5390 · Colorado Court of Appeals · Oct 15, 1998

Hence, the immunity of an employee with respect to an action based upon willful and wanton conduct does not implicate any question of "sovereign immunity"; it involves the employee's "qualified immunity" only. … Noting that §XX-XX-XXX(2)(a) provides that a public employee "shall be immune from liability " (emphasis supplied), and not immunity from suit, it concluded that the qualified immunity granted to an employee under the GIA

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

Puffenberger v. Cleveland

2013 Ohio 4479 · Ohio Court of Appeals · Oct 10, 2013

However, before R.C. 2744.02(B)(2) will remove a political subdivision’s immunity, a plaintiff must first establish the elements required to sustain a negligence action and second, that the negligence arose out of a “proprietary … The city concedes that the maintenance of the manhole qualifies as a “proprietary function” under the statute and, therefore, we move on to consider whether Puffenberger has established that the city was negligent in maintaining

Lyons v. Walsh & Sons Trucking Co., Ltd.

183 Or. App. 76 · Court of Appeals of Oregon · Jul 31, 2002

Plaintiffs reasoned as follows: (1) Under ORS 656.018(1), which establishes workers’ compensation exclusivity, Rector and the State of Oregon were immune from civil liability. (2) ORS 18.470 precludes “comparison of fault … ” with immune persons unless the injury is the “sole and exclusive fault” of the immune person.

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.

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.

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.

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

People v. Brown

297 Mich. App. 670 · Michigan Court of Appeals · Aug 28, 2012

MCL 333.26424 provides a qualifying patient or a primary caregiver who meet the requirements of the MMMA *676 immunity from arrest, prosecution, or “penalty in any manner.” … Accordingly, the trial court held that the immunities provided to a qualifying patient or a primary caregiver under MCL 333.26424 removed the per se illegality of the possession of marijuana.

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

Amburgey v. Sauder

238 Mich. App. 228 · Michigan Court of Appeals · Jan 25, 2000

By providing that a class of persons is not bound or obligated with regard to an injury and by expressly disallowing claims under enumerated circumstances, the Legislature intended to grant immunity to qualifying defendants … The signs shall be placed in a clearly visible location in close proximity to the equine activity.

McNamara v. City of Rittman

125 Ohio App. 3d 33 · Ohio Court of Appeals · Jan 7, 1998

It is clear from case law and the Ohio Political Subdivision Tort Liability Act that some form of qualified municipal immunity has existed in Ohio from the mid-nineteenth century until the present day, covering the period … Barring this statutory action by immunity in another part of the Revised Code would be nonsensical and clearly contrary to the intent of the General Assembly.

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.

Sanders v. Fridd

2013 Ohio 4338 · Ohio Court of Appeals · Sep 30, 2013

Appellant's proposed interrogatories asked the jury if Fridd's negligence was a proximate cause of appellant's injury, whether Fridd established that he was entitled to immunity, and what amount the jury should award as damages … Accordingly, the evidence established that Premierfirst consented to or acquiesced in horseplay occurring at the office, rendering Fridd's horseplay within the course of his employment and entitling Fridd to immunity under