Case law

Jerry Scarbrough, Denise Steele, and Melissa Victoria Deaton v. Helen Purser, Sue E. Purser A/K/A Sue E. Van Zanten, Gary W. Purser, Jr., Joann M. Purser, and Elizabeth H. Tipton

Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2015

Scarbrough’s proffered qualified-immunity instruction was improper; the trial court’s refusal to submit it was neither error nor harmful. … Chimene, whether the proffered instruction was consistent with Cantey Hanger2, which allows qualified immunity from liability but not immunity from suit. Chief Justice Rose inquired of Ms.

Glick Mgt., L.L.C. v. Cincinnati

2025 Ohio 2572 · Ohio Court of Appeals · Jul 23, 2025

So long as a complaint (1) states a claim in a manner sufficient to place the defendant on notice of the conduct at issue and (2) does not obviously or conclusively establish that the subdivision would be immune, it should … do not “obviously or conclusively establish” the city would be immune under R.C. 2744.02.

Sobol v. Marsh

212 Ariz. 301 · Court of Appeals of Arizona · Apr 5, 2006

ACJA does not afford any immunity, absolute or qualified, to complainants. 7 This has no bearing upon our analysis. … Section 7~208(H)(l)(g) simply supplants the second part of Rule 80(a)(6) by providing qualified immunity only to those performing official duties as staff members, Board members, or Board advisors.

Ex Parte the City of Irving Texas v. the State of Texas

Texas Court of Appeals, 15th District · Feb 7, 2025

In its petition, the City alleged that the agreed final judgment “conclusively establishes” that all businesses in the “Project Area” qualify for rebates under Section 351.102. … Consequently, suits brought under the EDJA do not implicate immunity. Id.

Schapers v. West Lawrence Care Ctr., LLC

2025 NY Slip Op 04928 · Appellate Division of the Supreme Court of the State of New York · Sep 10, 2025

To qualify for immunity, a health care facility is required to demonstrate that it met three requirements: that (1) the services were arranged for or provided pursuant to a COVID-19 emergency rule or otherwise in accordance … Nevertheless, the defendant's submissions to the Supreme Court did not conclusively establish that the three requirements for immunity under the EDTPA were satisfied so as to show that the plaintiff had no cause of action

Grodjesk v. Faghani

198 N.J. Super. 449 · New Jersey Superior Court Appellate Division · Jan 31, 1985

That protection, in effect, is the very same qualified immunity which, under N.J.S.A. 2A:47A-1, subjects a complainant to civil liability for complaints which are false, malicious and without probable cause. … If the complainant is sued, he is protected by a qualified immunity if he has acted reasonably and in good faith.

J. MATTHEW COLEMAN v. GLYNN COUNTY, GEORGIA

809 S.E.2d 383 · Court of Appeals of Georgia · Jan 22, 2018

Accordingly, the trial court erred in establishing 2010 as the cut-off point for the class members’ claims. … It will not lie to compel the undoing of acts already done[,] and this is so even though the action taken was clearly illegal.” (Citation omitted.) Atlanta Independent School System v.

Michelle Dalen v. St. John Medical Center

436 P.3d 877 · Court of Appeals of Washington · Mar 19, 2019

However, three actions in the ED clearly fall into this category: the blood draw, the catheterization, and the administering of medication. … Kranz’s alleged inflammatory response. 9 Even if the experts were qualified, their testimony also failed to establish the relevant standard of care, breach, and causation.

Jackson Ex Rel. Essien v. Unified School District 259

26 Kan. App. 2d 111 · Court of Appeals of Kansas · Apr 30, 1999

The statutory language does not require that a facility must be open to the public 100 percent of the time to qualify as public property. … A school or a school employee exercising a discretionary function within the scope of the employee’s employment is immune from liability for ordinary negligence if a student is injured and there is no clearly defined mandatory

S.W. v. Spring Lake Park School District No. 16

592 N.W.2d 870 · Court of Appeals of Minnesota · May 4, 1999

The extension of official immunity is qualified by the requirement that the discretion is exercised on at least the operational level and requires something more than the mere performance of “ministerial” duties. … Then-reactions were clearly non-ministerial acts. All three employees reacted to Little’s presence: Camp and Brama actually spoke with him, and Bruggenthies left her desk to further investigate his presence.

Kimberly Somer, Cody Janssen, and Alline Henderson v. Oakbend Medical Center and Oakbend Medical Group

Texas Court of Appeals, 1st District (Houston) · Aug 26, 2025

(concluding that OakBend Medical Center qualifies as “governmental unit” under Tort Claims Act because its evidence established “that it is owned by a hospital authority created by the City of Richmond”); Richmond, Tex. … This contract established that U.T.

Yedidag v. Roswell Clinic Corp.

2013 NMCA 96 · New Mexico Court of Appeals · Jul 3, 2013

qualified immunity) … Yedidag has absolute immunity from such adverse employment action (which, hereafter, for simplicity, I refer to as “discipline”), but only qualified immunity from suit by the target.

Stuart Thomas Gerstacker v. Kimberly Ann Gerstacker

Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2011

This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v. … See 197 S.W.3d at 346 (“[T]he Tookes do not claim damages within [the] limitations [established by section 271.153].

Doe ex rel. Doe v. Yunits

15 Mass. L. Rptr. 278 · Massachusetts Superior Court · Feb 26, 2001

Massachusetts law does recognize qualified immunity patterned after the federal qualified immunity under 42 U.S.C. §1983 , but that immunity applies only to discretionary functions, not ministerial acts. Duarte v. … immunity.

Mayer v. Willing

196 Cal. App. 2d 379 · California Court of Appeal · Oct 18, 1961

It is not alleged that either Horace or Minnie was qualified as guardian in this state. … Solely with respect to the disability of foreign representatives to bring an action, certain exceptions, none of which is applicable here, have been established.

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.

Mulligan v. Rioux

38 Conn. App. 546 · Connecticut Appellate Court · Jul 25, 1995

The trial court concluded that the defendants were entitled to qualified immunity, set aside the verdict of the jury, and rendered judgment for the defendants on all counts of the plaintiff’s complaint. … Our Supreme Court reversed the judgment of the trial court, finding that the trial court applied the incorrect standard of qualified immunity to the plaintiff’s common law claims and had improperly substituted its judgment

Combs v. City of Webster

311 S.W.3d 85 · Texas Court of Appeals, 3rd District (Austin) · Apr 16, 2010

This portion of the definition is not qualified or conditional in any way on the portion of the definition referring to a retailer’s “purpose” for the location. … Appellees contend that the Room-Store warehouse does not qualify under the Comptroller’s own guidelines.

Bank of America Corp. v. Valladares

141 So. 3d 714 · District Court of Appeal of Florida · Jul 2, 2014

These judicial decisions dovetail with many statutes that balance the competing interests by affording individuals qualified immunity for good faith 6 mistakes when reporting … The Legislature has enacted a similar qualified immunity for mistaken reports to numerous enforcement agencies.2 We found only one authority that cuts against the trend of recognizing a qualified privilege for reporting

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