Case law

Fields v. Suburban Mobility Authority for Regional Transportation

311 Mich. App. 231 · Michigan Court of Appeals · Jun 25, 2015

Generally, governmental agencies in Michigan are statutorily immune from tort liability. … However, because the statute requires written notice, clearly a conversation over a phone call cannot satisfy the notice requirement.

Carmen v. Link

119 Ohio App. 3d 244 · Ohio Court of Appeals · Apr 23, 1997

In the present case, appellees assert that the ninth defense of their amended answer establishes the defense of immunity for injury by a fellow servant. … Clearly, the type of immunity found in the West Virginia statutes granting immunity to employers and fellow employees for the employer’s contribution to the workers’ compensation fund does not violate the Ohio Constitution

Kainrath v. Grider

426 Ill. Dec. 302 · Appellate Court of Illinois · Nov 26, 2018

The defendants argue that both absolute and qualified privileges apply to Mr. … A qualified privilege is destroyed, however, where it has been abused. Id.

Belton v. Dragoi

228 Conn. App. 510 · Connecticut Appellate Court · Oct 8, 2024

In their third special defense, they alleged that they were entitled to qualified immunity because at all relevant times they were acting in the course and scope of their employment as municipal employees … In his reply to the defendants’ qualified immunity defense, the plaintiff admitted that the defendants were acting in the scope of their employment and that their actions were governmental in nature

Gerry v. K-MART

222 Ga. App. 364 · Court of Appeals of Georgia · Jul 29, 1996

OCGA § 51-7-60 provides qualified immunity to mercantile establishments and their agents from claims of false imprisonment arising from the detention or arrest of suspected shoplifters when “it is established by competent … We have previously held that both prongs of OCGA § 51-7-60 must be proven before a defendant can claim qualified immunity.

Linda D. Tanner v. Texas Health and Human Services Commission, Julia Murray, Wendy Proctor, and Juan Rodriguez

Texas Court of Appeals, 15th District · May 29, 2025

Tanner’s claims are barred by sovereign immunity. HHSC is a state agency, and no statute clearly and unambiguously waives its immunity in this context. Ms. Tanner’s reliance on 42 U.S.C. … Sovereign immunity shields the state and its agencies from lawsuits unless the Legislature has clearly and unambiguously waived that immunity. PHI, Inc. v. Tex. Juvenile Justice Dept., 593 S.W.3d 296, 303 (Tex. 2019).

Garmback v. Cleveland

2022 Ohio 1490 · Ohio Court of Appeals · May 5, 2022

As Garmback has failed to point to evidence in the record that establishes a genuine issue of material fact that would allow her to recover under a theory of negligence, the City was entitled to immunity under R.C. 2744.02 … Regardless, “[i]t is * * * well established that political subdivisions are immune from intentional torts under R.C. 2744.02.” CR Hill, LLC v. Westlake, 8th Dist.

Yigal Bosch v. Mark S. Armstrong and Paul Bailiff and Squire, Sanders & Dempsey L.L.C.

Texas Court of Appeals, 1st District (Houston) · Jun 11, 2009

Appellees are entitled to the protection of a qualified immunity or privilege for the statements and assertions made in these documents on behalf of Scott. See Alpert , 178 S.W.3d at 405 ; Watson v. … Although we use the term "qualified immunity" to describe the appellees' affirmative defense, we note that our Court, and other courts, also refer to the defense as one of "privilege." See Watson v.

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.

Battle v. State

Court of Special Appeals of Maryland · Sep 3, 2021

In this case, the court was not clearly erroneous in concluding that the federal agent did not qualify for immunity from state charges of assault and related offenses. … That finding, which is dispositive of the claim of implied immunity, is not clearly erroneous.

Twyone Ferrell v. Brandon Young

Court of Appeals of Georgia · Jul 5, 2013

immunity from personal liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Ferrell does not assert the defense of qualified immunity. 3 on May 17, 2011, for lack of subject matter jurisdiction. 28 U.S.C. § 1447 (c).

El Paso Community College v. Antonio Lawler

Texas Court of Appeals, 8th District (El Paso) · Nov 30, 2010

Sovereign Immunity Sovereign immunity deprives a trial court of subject-matter jurisdiction of lawsuits in which the state or certain governmental units have been sued unless the state consents to suit. … EPCC established with its own evidence that an instructor could qualify to teach a credit welding course in May 2004 if he possessed a Texas Teachers Certificate.

South Texas Educational Technologies, Inc. D/B/A Horizon Montessori Public Schools v. Mahdi A. Shaheen

Texas Court of Appeals, 13th District · Jun 1, 2023

To establish a prima facie case of race or national origin discrimination, the plaintiff must show (1) he was a member of a protected class, (2) he was qualified for his employment position, (3) he was subject … We will assume without deciding that Shaheen was qualified for his position and assess the latter factor.

Harris County v. Louvier

956 S.W.2d 106 · Texas Court of Appeals, 14th District (Houston) · Sep 18, 1997

The County alleges in nine points of error that it is immune from suit, the evidence is legally and factually insufficient to establish it discriminated against Louvier or to support the damages awarded, the trial court submitted … As originally enacted, the Anti-Retaliation Law did not clearly and unambiguously waive governmental immunity. City of LaPorte v. Barfield, 898 S.W.2d 288, 293 (Tex.1995).

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.

Ethyl Corp. v. Collector of Revenue

351 So. 2d 1290 · Louisiana Court of Appeal · Jan 11, 1978

ERRORS NOS. 2 & 3 In order for Ethyl to qualify for the tax credit as provided by LSA-R.S. 47:7, it is necessary that it meet the criteria established by the legislature for the granting of this tax credit. … Vial, 193 La. 1 , 190 So. 313 (1939), and that an exemption being an exceptional privilege, it must be clearly, unequivocally and affirmatively established. Meyers v. Flournoy, 209 La. 812 , 25 So.2d 601 (1946).

Rusk State Hospital, the State of Texas and the Texas Department of State Health Services v. Dennis Black and Pam Black, Individually and as Representatives of the Estate of Travis Bonham Black

Texas Court of Appeals, 12th District (Tyler) · Jun 23, 2010

“Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction.” Id . at 339. … Van Dusen, although establishing the cause of death as asphyxiation, also fails to show how the Hospital breached the applicable standard of care.

Meinck v. City of Gastonia

263 N.C. App. 414 · Court of Appeals of North Carolina · Jan 2, 2019

(Emphasis supplied) The City contends the quoted endorsement “clearly and unambiguously retains Gastonia’s governmental immunity.” … This hypothetical clause clearly excludes coverage in two separate circumstances: first, where the purchase of liability coverage otherwise would waive sovereign immunity or governmental immunity, which are long-standing

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.

Insley v. Titan Ins. Co.

589 So. 2d 10 · Louisiana Court of Appeal · Oct 18, 1991

The Allen Parish Police Jury and its insurer do not qualify for immunity under the Recreational Use Statutes. Monteville v. … Given these unresolved and clearly disputed factual questions, the trial court was in error in granting the motions for summary judgment. See Chaney v.