Case law

Kramer v. Town of Derby

Vermont Superior Court · Sep 23, 2024

, it may only assert the more limited qualified municipal employee immunity defenses? … The Limits of the Present Action In its reply brief, the Town outlines at substantial length the long and well-established history of municipal sovereign immunity and immunity for the work of maintaining town highways

Brown v. Delaware Valley Transplant Program

420 Pa. Super. 84 · Superior Court of Pennsylvania · Nov 13, 1992

We find that there is no dispute as to any material fact, that the undisputed evidence of record establishes the good faith of appellees, and that appellees are, as a matter of law, entitled to the qualified immunity provided … The qualified immunity provided by Section 8607(c) of the Act requires a “good faith” attempt to comply with all of the statutory requirements for organ donation.

Christensen v. Epley

36 Or. App. 535 · Court of Appeals of Oregon · Oct 16, 1978

Therefore, we hold that plaintiff has alleged facts which establish the requisite legal duty. B. … not qualified for such an assignment.

Frady v. Student Loan Servicing Center

313 S.C. 561 · Court of Appeals of South Carolina · Apr 18, 1994

We agree that Frady may be able to establish a basis for injunctive relief and we accordingly reverse the trial court’s order as to summary judgment on the injunction cause of action. … to qualified and limited liability).

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.

Commonwealth of Kentucky v. Benjamin E. Shroyer

Court of Appeals of Kentucky · May 2, 2025

provide immunity at the relevant times. … See Supreme Court Rule (“SCR”) 1.030(8)(a) (“The Court of Appeals is bound by and shall follow applicable precedents established in the opinions of the Supreme Court and its predecessor court.”).

Carpenter v. Pleasant

759 A.2d 411 · Commonwealth Court of Pennsylvania · Aug 7, 2000

Trial Court’s denial of the Motion was appealed. 3 The subject matter of this appeal is limited to the City of Chester’s liability under the traffic light exception to governmental immunity under the Political Subdivision … Since Conrad clearly has specialized skill, training, knowledge and experience in the area of Conflict Monitors and since such testimony would help educate the jury as to whether or not the implementation of such a device

Alfano v. Lafayette City-Parish Consolidated Government

9 La.App. 3 Cir. 1428 · Louisiana Court of Appeal · Jun 30, 2010

Finding that exercise of discretion entitled Officer Menard and LCG to qualified immunity, the trial court granted the motion for summary judgment. … The court in White held the investigating officer had complied with La.R.S. 32:398(D) because he conducted his investigation and obtained the information from the parties actually involved in the accident, and it was clearly

Citation Insurance Company v. City of Chicopee

Massachusetts Appeals Court · Apr 9, 2025

County: Hampden Keywords: Governmental Immunity. Municipal Corporations, Governmental immunity, Liability for tort. Negligence, Municipality, Governmental immunity. Massachusetts Tort Claims Act. … governmental immunity that G.

Reaves v. City of Corpus Christi

518 S.W.3d 594 · Court of Appeals of Texas · Apr 13, 2017

The petition further alleged that their negligence claims qualified for a waiver of sovereign immunity through Texas Civil Practice and Remedies Code section 101.021(1) because: Officer Fernandez acted within the course and … Cases in this branch have made clear that an immunity claim does not erase the established rules which apply to motions for summary judgment.

Larry C. Beverage, Individually and as Personal Representative of the Estate of Charles E. Beverage, Linda K. Anderson, and Bonnie K. Valentine v. Alcoa, Inc. a Pennsylvania Corporation, and Iowa-Illinois Taylor Insulation, Inc., successor-in-interest to Iowa Illinois Thermal Insulation, Inc., an Iowa Corporation

Court of Appeals of Iowa · Mar 17, 2021

Qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. … “Bare metal defense” Beverage next argues that “while not directly stated in the statute, the meaning and purpose of [s]ection 686B.7(5) is quite clearly the establishment of the ‘bare metal defense.’”

Dobrowolska Ex Rel. Dobrowolska v. Wall

138 N.C. App. 1 · Court of Appeals of North Carolina · May 16, 2000

“The party moving for summary judgment has the burden of clearly establishing the lack of any triable issue of material fact by the record properly before the court.” Johnson v. … In making this determination, it is necessary to assess whether the right allegedly implicated was clearly established at the time of the events in question. County of Sacramento v.

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.

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.

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

Lostumbo v. Board of Education

36 Conn. Super. Ct. 293 · Connecticut Superior Court · Apr 17, 1980

The doctrine of sovereign immunity, therefore, would not apply here and the board’s motion to strike is denied. The question then is whether the board enjoys immunity from liability as a municipal body. … A municipal corporation enjoys qualified immunity in the performance of a governmental function; Fraser v.

K.G. Sheehan Vello v. D. DeMarco

Commonwealth Court of Pennsylvania · Jul 10, 2025

Because we conclude the facts averred do not establish with certainty that immunity applies, we affirm Common Pleas’ decision. … Without further factual development establishing the nature and purpose of the Board’s meeting, we agree with Common Pleas that DeMarco is not entitled to quasi-judicial immunity.

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.