Case law

Wayne Hawkins v. State

Texas Court of Appeals, 10th District (Waco) · Jun 9, 2004

TDCJ filed a motion for summary judgment on the basis of sovereign immunity. TDCJ asserted, among other things, that because the officers’ qualified immunity inured to TDCJ’s benefit, it is immune from liability. … As a consequence, we cannot say that TDCJ has failed to establish the “good faith” element of official immunity.

Kinder v. Doe

540 N.E.2d 111 · Indiana Court of Appeals · Jun 28, 1989

In this case the records are clearly necessary for the resolution of an issue pending before the court-whether the reporter is not immune from civil lability because the report was made maliciously or in bad faith. … In order to encourage such reports the legislature had provided for limited confidentiality and qualified immunity for reporters.

Campbell v. Colley

113 Ohio App. 3d 14 · Ohio Court of Appeals · Jul 25, 1996

There was no eyewitness testimony at trial establishing the speed at which the ambulance was traveling. … to immunity pursuant to the statute.

University of Texas Health Science Center at Houston v. Patricia Marie Carroll

Texas Court of Appeals, 1st District (Houston) · Jul 16, 2024

Lesser qualified candidates, who are not black or older, received promotions. … To establish a prima facie case of discrimination based on the employer’s failure to promote, the employee must show that (1) she is a member of a protected class; (2) she sought and was qualified for an available employment

DaimlerChrysler Corp. v. Hurst

949 So. 2d 279 · District Court of Appeal of Florida · Feb 7, 2007

However, "[a] district court should exercise its discretion to grant certiorari review only when there has been a violation of a clearly established principle of law resulting in a miscarriage of justice." … DCC contends that the trial court violated clearly established law by finding that the retroactive application of the Act is violative of the plaintiff's due process rights. We agree.

People v. Greenberg

50 A.D.3d 195 · Appellate Division of the Supreme Court of the State of New York · Feb 19, 2008

The proponent of the privilege bears the burden of establishing that the information sought is immune from disclosure (Spectrum Sys. Intl. Corp. v Chemical Bank, 78 NY2d 371, 377 [1991]). … As noted above, defendants have clearly made such a showing.

Schettino v. Alter

140 A.D.2d 600 · Appellate Division of the Supreme Court of the State of New York · May 23, 1988

The Clients’ Security Fund (hereinafter the Fund) was established by legislation enacted in 1981 "to promote public confidence in the administration of justice and integrity of the legal profession by reimbursing losses caused … licensing real estate brokers]; Jafar v Blue Cross Blue Shield, 129 Misc 2d 584 , affd 125 AD2d 1015 [statements made at Medicare overcharge hearing]; but cf., Toker v Pollak, supra [complaint to District Attorney subject to qualified

People v. Singleton

182 Cal. App. 4th 1 · California Court of Appeal · Feb 22, 2010

On this matter, the high court held that once the defendant establishes that he has testified under a grant of immunity, the prosecuting authorities “ ‘have the burden of showing that their evidence is not tainted.’ ” (Kastigar … This court may find error only if the witness ‘ “clearly lacks qualification as an expert.” ’ [Citation.]

Austin v. Abney Mills, Inc.

785 So. 2d 177 · Louisiana Court of Appeal · Apr 4, 2001

R.S. 23:1032 (the worker's compensation immunity provisions). … R.S. 23:1032 to extend the employer's tort immunity to executive officers.

Price v. Department of Transportation

182 Ga. App. 353 · Court of Appeals of Georgia · Mar 12, 1987

The state constitution provides a qualified sovereign immunity: “Sovereign immunity extends to the state and all of its departments and agencies. … A 1974 constitutional amendment was ratified authorizing the establishment of a State Court of Claims. Code Ann. § 2-3401. By that amendment, the doctrine of state sovereign immunity gained constitutional status.

Baker v. Story

621 S.W.2d 639 · Court of Appeals of Texas · Jun 3, 1981

The testimony of the defendant doctor is clearly sufficient to establish the applicable medical standard of care. Wilson v. Scott, 412 S.W.2d 299 (Tex.1967). In this case the testimony of Dr. … We do no more than hold that, under the evidence in this case, it was not conclusively established that Dr. Story was entitled to immunity as an employee of the State of Texas.

Murray v. Georgia Department of Transportation

284 Ga. App. 263 · Court of Appeals of Georgia · Mar 19, 2007

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … Qualified immunity protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority, and done without wilfulness, malice, or corruption.

Honhorst v. University of North Texas

983 S.W.2d 872 · Court of Appeals of Texas · Dec 28, 1998

It is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language. See Federal Sign, 951 S.W.2d at 405 . … After an extensive *875 discussion of the labor code, the supreme court’s holding in Barfield , and other Texas statutes where the Legislature clearly and unambiguously waived the sovereign immunity of the State, the court

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.

Village of Lake Barrington v. Hogan

208 Ill. Dec. 705 · Appellate Court of Illinois · May 2, 1995

Third-party defendants Bateman and Smith contend that they enjoyed qualified immunity from suit as public officials. … This is not to say that an official action is protected by qualified immunity unless the very action in question has previously been held unlawful, but it is to say that in light of preexisting law the unlawfulness must be

Commonwealth v. Sexton

566 S.W.3d 185 · Missouri Court of Appeals · Sep 27, 2018

Fields "that the scope of appellate review of an interlocutory appeal of the trial court's determination of the application of qualified official immunity is limited to the specific issue of whether the immunity was properly … denied and nothing more." 4 Although the case before us today involves a circuit court's ruling on an issue of sovereign-immunity, not qualified official immunity, the principle is the same-the scope of appellate review

Jane Doe, Individually and as Next Friend of John Doe, a Minor v. Hurst-Euless-Bedford Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Jan 21, 2021

Doe responded that Section 22.052 clearly and directly waives a school district’s immunity when a student is injured by medication administration and that she pleaded facts falling under this waiver. … Doe contends that the Legislature, by enacting Section 22.052, clearly waived the District’s immunity regarding her gross- negligence claims and thereby provided a remedy against a school district for those injured by

Rossi v. Blue Cross & Blue Shield

140 A.D.2d 198 · Appellate Division of the Supreme Court of the State of New York · May 12, 1988

The memorandum is clearly an internal, confidential document. Nothing indicates that anyone outside the defendant company had access to it. In the document Mr. Blaney makes evaluations and offers legal advice. … The second reason for finding against disclosure is that the document, which contains the attorney’s legal analysis and conclusions, is immune from discovery as an attorney’s work product pursuant to CPLR 3101 (c).

Morris v. Ontario County

152 A.D.3d 1185 · Appellate Division of the Supreme Court of the State of New York · Jul 7, 2017

We conclude that the County failed to meet its initial burden of establishing its entitlement to summary judgment based on qualified immunity (see Betts v Town of Mount Morris, 78 AD3d 1597, 1598 [2010]). … afforded immunity from judicial interference” (id., citing Appelbaum v County of Sullivan, 222 AD2d 987, 989 [1995]).

Baker v. Angus

281 Utah Adv. Rep. 36 · Court of Appeals of Utah · Jan 11, 1996

“Once plaintiffs have pointed to a substantive provision of rights, privileges, or immunities, the defendants bear the burden of establishing that ‘Congress intended to preclude reliance on section 1983 as a remedy for the … immunity.