Case law

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.

Duffy v. Kipers

26 A.D.2d 127 · Appellate Division of the Supreme Court of the State of New York · Jun 30, 1966

The Trial Justice charged the doctrine of qualified privilege, but made no reference to absolute privilege. Neither party took any exception nor made any request to charge. … Or as Professor Prosser put it: “privilege and truth—are complete defenses, avoiding all liability when they are established.” (Prosser, Torts [3d ed.], § 109, p. 795.)

Su Inn Ho v. University of Texas at Arlington

984 S.W.2d 672 · Texas Court of Appeals, 7th District (Amarillo) · Nov 4, 1998

By stating that it is “the Legislature’s sole province to waive or abrogate sovereign immunity,” the majority opinion in Federal Sign clearly reaffirmed a long line of cases standing for that general principle. … To establish the good faith element, a state employee must show that a reasonable person in the same position would have believed that his conduct was lawful according to clearly established law and according to the information

Bowles v. Yeganeh

84 S.W.3d 252 · Texas Court of Appeals, 5th District (Dallas) · Mar 14, 2002

Because Sheriff Bowles established his immunity by establishing the good faith of his deputies in conducting the sheriffs sale, we conclude the summary judgment evidence establishes Sheriff Bowles is entitled to *253 official … Deputy Hicks stated in his affidavit that he is a duly qualified and appointed deputy sheriff for the Dallas Sheriffs Department.

BROWARD COUNTY v. JOSE P. FONT

District Court of Appeal of Florida · Jan 22, 2020

It did not qualify as a residence under the terms of the ILA. … The zoning map may have set out the area over which the ILA applied, but it did not establish the basis for reimbursement.

Toney v. State of California

54 Cal. App. 3d 779 · California Court of Appeal · Jan 23, 1976

Unless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by willful or negligent acts must prevail.” In Johnson v. … It is established that the privilege is lost upon a showing of “actual malice” on the part of the person publishing the alleged defamatory material. (Kapellas v.

William T. Kelly v. Corinth Public Utilities Commission

200 So. 3d 1107 · Court of Appeals of Mississippi · Jan 19, 2016

In BLMA, a community hospital, which is a political subdivision, established a family medical clinic with two physicians. … The Supreme Court concluded that "[s]uch control clearly qualifie[d the clinic] as an intermediary or agent through which certain functions [of the hospital were] accomplished.” Id. at 1232 (¶ 28).

Board of Trustees of Community College District No. 502 v. Department of Professional Regulation

363 Ill. App. 3d 190 · Appellate Court of Illinois · Jan 31, 2006

There, the defendant, an employee of a community college, sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (111. Rev. … that might defeat such clearly expressed legislative intent.

Rebecca Goch v. the Edison Institute

Michigan Court of Appeals · Oct 17, 2025

wanton” misconduct that would fall outside the EALA’s immunity provisions, and (3) the principle of res ipsa loquitur failed to establish an independent cause of action. … Thus, plaintiff has failed to establish that the trial court erred in granting the defendant summary disposition based on the immunity provisions provided under the EALA. Affirmed.

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.

Boryla-Lett v. Psychiatric Solutions of North Carolina, Inc.

200 N.C. App. 529 · Court of Appeals of North Carolina · Nov 3, 2009

The party moving for summary judgment ultimately has the burden of establishing the lack of any triable issue of fact. … Qualified immunity, if applicable, is sufficient to grant a defendant’s motion for summary judgment. See Bio-Medical Application of North Carolina, Inc. v. N.C. Dep’t of Health & Human Servs., 179 N.C.

County of San Bernardino v. Super. Ct.

California Court of Appeal · Apr 27, 2022

Moreover, under subdivision (b) of section 815, the immunity provisions of the California Tort Claims Act will generally prevail over any liabilities established by statute. [Citations.] … We conclude the SAC and numerous documents attached to the SAC establish, as a matter of law, that the County is immune from liability under Government Code sections 818.8 and 822.2.

Lynch v. Roxbury Comprehensive Cmty. Health Ctr., Inc.

94 Mass. App. Ct. 528 · Massachusetts Appeals Court · Nov 30, 2018

use statute in Marcus provides only qualified immunity; *534 land owners are immunized from liability for injuries arising out of their ordinary negligence, but not for "wilfull, wanton or reckless conduct." … The Court long ago recognized that qualified immunity provides defendants protection "from the burdens of trial as well as a defense to liability." Johnson v.

MARY M. CAMERON, PH.D v. NICOLE A. JASTREMSKI, PH.D

246 So. 3d 385 · District Court of Appeal of Florida · Apr 25, 2018

We do not reach the issues of whether the complaint sufficiently states a claim for defamation or whether qualified immunity may apply. -2- Fifth District in Alfino v. … -6- appellee failed to establish a basis for dismissal on a motion to dismiss. Id.

Del Tufo v. Township of Old Bridge

278 N.J. Super. 312 · New Jersey Superior Court Appellate Division · Jan 4, 1995

The jury's verdict in the present case establishes that when the police arrested Mr. … For this qualified immunity to apply — qualified because it may be overcome by a finding that the employee's determination was "palpably unreasonable" — there are two prerequisites.

Holder v. Jacob

2024 NY Slip Op 03864 · Appellate Division of the Supreme Court of the State of New York · Jul 18, 2024

, defendants' failure to conclusively establish the immunity statute's applicability, as written, that compels our conclusion. … None, however, has found that a defendant established its entitlement to immunity for the acts or omissions of a medical provider under the Executive Order, where it had not established entitlement to such immunity under

Navaretta v. Duong

Superior Court of Delaware · Nov 6, 2025

against the State of Delaware. 22 21F In lieu of an Answer, on February 14, 2025, the State filed its motion to dismiss or, alternatively, for summary judgment asserting sovereign and qualified … by a legislative Act that clearly evidences the General Assembly’s intent to waive immunity. 39 Title 18, Section 6511 of the 38F Delaware Code does just that, and

Yong Shao Ma v. City & County of San Francisco

115 Cal. Rptr. 2d 544 · California Court of Appeal · Jan 23, 2002

To that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services. … That came in 1989 when an unsuccessful Senate bill sought to change the qualified immunity to absolute immunity. (See Sen. Bill No. 762, introduced Mar. 1, 1989 (Legis. Counsel’s Dig., Sen. Bill No. 762 (1989-1990 Reg.

Johnson v. Department of Public Safety

627 So. 2d 732 · Louisiana Court of Appeal · Dec 1, 1993

IMMUNITY FROM LIABILITY Even assuming arguendo that DPS is liable for its failure to inquire into the current health of all renewal applicants, we find that DPS is immune from tort liability under *740 the provisions of LSA-R.S … If the employee or agency had no discretion or choice as to the appropriate conduct, there is no immunity.

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.