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.

Lindsay v. Cave Creek Outfitters, L.L.C.

207 Ariz. 487 · Court of Appeals of Arizona · Oct 2, 2003

Section 12-553 immunizes an equine owner from an ordinary negligence claim by a person riding the equine if the following four conditions are established: 1. … The foregoing language found in the document signed by Linda clearly establishes that she was promising not to sue Cave Creek. ¶ 19 The Lindsays argue that Cave Creek does not qualify for immunity under § 12-553 because the

Dykeman v. State

39 Or. App. 629 · Court of Appeals of Oregon · Apr 23, 1979

Ward is the duly appointed, qualified and acting inspector of buildings for the State of Oregon in the City of Coos Bay. "in "That by provision of the Building Code of the State of Oregon, said James E. … "V "That on presentation of said application and plans to the said inspector of buildings of said state, at its regular established office, Plaintiff delivered *632 $99.00 which was the amount of the fee required for the

Pecue v. Collins

204 A.D. 142 · Appellate Division of the Supreme Court of the State of New York · Jan 10, 1923

For some reason which does not clearly appear, on the 22d day of October, 1918, she wrote another letter, destination the same, in which she charged the plaintiff as follows: “ Chas. … Such holding is based upon the assumption that having written to the league, or an officer thereof, she was relieved from any responsibility therefor, and immune from censure or claim for damage.

Will v. Department of Civil Service

145 Mich. App. 214 · Michigan Court of Appeals · Jul 9, 1985

away the immunity of the States”. … Moreover, in a § 1983 action for money damages, public officials have qualified immunity *225 if they acted in good faith. Baker v Detroit, 458 F Supp 379, 383 (ED Mich, 1978).

Banks v. Bordeaux Long Term Care

465 S.W.3d 141 · Court of Appeals of Tennessee · Dec 4, 2014

This construction comports with notions of fundamental fairness and justice, and also with the Supreme Court’s often-repeated “established view that disfavors the doctrine of sovereign immunity as applied to local governments … Discretionary function immunity was not raised in this appeal; thus, it has not been addressed. .

Hill v. StubHub, Inc.

219 N.C. App. 227 · Court of Appeals of North Carolina · Mar 6, 2012

“The language of § 230 sets forth three criteria to qualify for the immunity provided. First, immunity is available only to a ‘provider or user of an interactive computer service.’ 47 U.S.C.A. § 230 (c)(1). … Given that the record clearly establishes that Defendant operates an “interactive computer service” and that Plaintiffs claim is predicated on the theory that Defendant should be held responsible for content, in the form

Snyder v. North Allegheny School District

722 A.2d 239 · Commonwealth Court of Pennsylvania · Dec 24, 1998

Tort Immunity Act. … In effect, the School District is arguing that Barbara Yankasky was not qualified as an expert witness to render such a diagnosis.

Pierson v. Houston Independent School District

698 S.W.2d 377 · Court of Appeals of Texas · Aug 15, 1985

As an agency of the state, HISD is immune from liability for the alleged negligence of its agents or employees except to the extent the immunity is waived by the Texas Tort Claims Act, Tex.Rev.Civ. … These motions were granted based upon the professional immunity provision found in § 21.912 of the Texas Education Code, which grants a qualified immunity to professional school employees for acts done within the scope of

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.

Robert W. Holzwarth v. Belinda Beek

Texas Court of Appeals, 14th District (Houston) · Oct 17, 2006

Appellant contends Beek is limited to the defense of qualified immunity. … The Supreme Court, however, specifically rejected that argument, finding the threat of civil rights suits would A undermine performance of his duties @ if a prosecutor had qualified immunity. Id. at 425 .

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

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]).

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

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.

Lamere v. the Superior Court

31 Cal. Rptr. 3d 880 · California Court of Appeal · Aug 8, 2005

ultra vires and thus lost any immunity. … The point may be most clearly made by the example of litigation concerning the outcome of an election.

Berkman v. City of Keene

311 S.W.3d 523 · Texas Court of Appeals, 10th District (Waco) · Nov 4, 2009

The Supreme Court in Ben Bolt held that an insurance contract between a school district and a self-insurance fund qualified as a written contract for the provision of goods and services under the statute. … immunity under the *526 statute].”

Pitts v. Newark Bd. of Educ.

337 N.J. Super. 331 · New Jersey Superior Court Appellate Division · Feb 23, 2001

In addition, defendant is entitled to relief from the judgment because the judge failed to charge the jury on the qualified immunity under N.J.S.A. 59:3-8. … The trial judge declined defendant's request to charge the jury on this qualified immunity, apparently concluding that the immunity did not apply. [5] Instead, the judge determined it was sufficient to simply instruct the

Bottomlee v. State

248 Ariz. 231 · Court of Appeals of Arizona · Jan 28, 2020

Instead, the latter class of decisions is afforded only qualified immunity under A.R.S. § 12-820.02 (2020). Doe, 200 Ariz. at 177, ¶ 9. … "If, however, the State erred in its processing of a particular teaching application and issued a certificate to someone convicted of one of the listed offenses, only qualified immunity would apply."

Boyd v. Trent

262 A.D.2d 260 · Appellate Division of the Supreme Court of the State of New York · Jun 1, 1999

Furthermore, the Town failed to sustain its initial burden of establishing that it is entitled to summary judgment based on the doctrine of qualified immunity because it submitted no evidence that its decision to refrain … from placing a speed reduction sign at the approach to the curve “was the product of a deliberative decision-making process of the type afforded immunity from judicial interference” (Appelbaum v County of Sullivan, 222 AD2d