Case law

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).

University of Texas at San Antonio v. Trevino

153 S.W.3d 58 · Texas Court of Appeals, 4th District (San Antonio) · Nov 27, 2002

However, even if a waiver of immunity may be established under section 101.021, the Act sets forth certain exemptions that will maintain the governmental unit’s sovereign immunity. See Delaney v. … This court did not reach the issue of whether the ADA waived the University's sovereign immunity because the plaintiff was not qualified to assert a claim under the ADA. Id.

Precision Marketing, Inc. v. Commonwealth, Republican Caucus of the Senate of PA/AKA the Senate of PA Republican Caucus

78 A.3d 667 · Commonwealth Court of Pennsylvania · Sep 5, 2013

The doctrine of sovereign immunity, which provides that a state may not be sued without its consent, 7 clearly ap *671 plies to the state itself. … The party asserting immunity has the burden of establishing such immunity. State Public School Bldg. Authority v. Goodea Const. Co., 24 Pa.

Champaign-Urbana Public Health District v. Illinois Human Rights Comm'n

461 Ill. Dec. 878 · Appellate Court of Illinois · Apr 14, 2022

Hunt’s experience of applying for positions she was clearly qualified for and not being hired lined up with that statement. … - 51 - is clearly evident

Sanchez v. State

974 S.W.2d 307 · Texas Court of Appeals, 4th District (San Antonio) · May 20, 1998

Second, the criminal law must establish determinate guidelines for law enforcement. Long, 931 S.W.2d at 287 . … Does a wink of an eye, a simple smile, a compliment, the placing of a rose in a vase, an invitation to lunch, or a ride home qualify?

S S v. State of Michigan

Michigan Court of Appeals · Nov 6, 2014

With respect to the district defendants, then, the question is whether MCL 380.1278(8) authorizes, for the qualified students, a private cause of action and whether such an action would be subject to immunity. … These cases do not establish that a plaintiff may infer a private cause of action for damages against a governmental agency.

S S v. State of Michigan

Michigan Court of Appeals · Nov 6, 2014

With respect to the district defendants, then, the question is whether MCL 380.1278(8) authorizes, for the qualified students, a private cause of action and whether such an action would be subject to immunity. … These cases do not establish that a plaintiff may infer a private cause of action for damages against a governmental agency.

Burch v. Birdsong

181 So. 3d 343 · Court of Civil Appeals of Alabama · Apr 24, 2015

Furthermore, Birdsong and the school-board members, “as the parties] asserting the defense of [§ 14] immunity, bore the burden of demonstrating that [Burch] can prove no set of facts establishing one of the exceptions to … In- conclusion, Burch’s 'complaint clearly states claims for relief. However, because Birdsong, as superintendent, is incapable of granting ,to.

LaPage v. Dennehy

27 Mass. L. Rptr. 357 · Massachusetts Superior Court · Sep 9, 2010

Claims against the individual defendants in their personal capacities/Qualified immunity. … The individual defendants in their individual capacities enjoy qualified immunity for their conduct such that only violations of “clearly established” rights are actionable. O’Malley, 414 Mass. at 142.

Brooks v. Powers

165 Conn. App. 44 · Connecticut Appellate Court · Apr 26, 2016

as to the facts establishing that, as a matter of law, their actions were discretionary rather than ministerial, thus triggering discretionary act immunity; and (2) there was no genuine issue as to the facts establishing … The imminent harm, identifiable victim exception qualifies the town's discretionary act immunity under § 52-557n just as it qualifies the officer's common-law discretionary act immunity. Grady v.

Alford v. Utah League of Cities & Towns

131 Utah Adv. Rep. 34 · Court of Appeals of Utah · Mar 23, 1990

[sic] Not only, therefore, is the report unresponsive to my prior letter, it does not give the Board adequate information upon which to base its decision regarding a further hearing_ These letters clearly show that Alford … Furthermore, voluminous affidavits filed in support of the League’s motion for summary judgment establish that the employee statements were provided to the Board only so its members would have the information relating to

Rodriguez v. Kraus

275 Ga. App. 118 · Court of Appeals of Georgia · Aug 15, 2005

Clark 20 establish that where the defendants in a false imprisonment case are law enforcement officers who mistakenly arrested the plaintiff because he bore the same name as the person specified in the warrant, the arresting … Farrell, 280 F3d 1341 (11th Cir. 2002) (in a § 1983 action police officers who arrest the wrong person because his name is the same as that listed in a warrant are entitled to qualified immunity if the mistake was reasonable

Woodward v. Gray

241 Ga. App. 847 · Court of Appeals of Georgia · Jul 13, 2000

(c) Under official immunity, however, Officer Gray has immunity from suit for the discretionary act of arresting the plaintiff for disorderly conduct for arguing with her and failing to obey her command. 3 Actual malice toward … Finally, no 42 USC § 1983 action for damages can lie against either defendant, because the doctrine of qualified immunity applies where the “conduct does not violate clearly established statutory or constitutional rights

Belfand v. Petosa

2021 NY Slip Op 03522 · Appellate Division of the Supreme Court of the State of New York · Jun 3, 2021

Only the sovereign's own consent could qualify the absolute character of that immunity" ( Nevada v Hall , 440 US 410, 414 [1979]). … State sovereign immunity . . . is constitutionally protected. And in the context of federal sovereign immunity . . . it is well established that waivers are not implied.

People v. Johnson

302 Mich. App. 450 · Michigan Court of Appeals · Sep 10, 2013

We likewise rejected the defendants’ argument that they were entitled to immunity under § 4(i), MCL 333.26424(i), because they were assisting registered qualifying patients with “using or administering” marijuana. … In defense of these charges, defendants have alleged that they are entitled to immunity as provided under § 4 of the MMMA.

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.

Los Fresnos Volunteer Fire Department, Inc. (Incorrectly Named by Los Fresnos Emergency Medical Services), Dr. Carlos Chavez, M.D., Joseph Hernandez, Gene Daniels, and L. Arevalo v. Angie Jeanette Davalos, Individually, and on Behalf of the Estate of Juan Luis Gonzalez, and on Behalf of the Beneficiaries of the Estate of Juan Luis Gonzalez

Texas Court of Appeals, 13th District · Apr 27, 2006

Sovereign Immunity A governmental unit is immune from tort liability for its own acts or the acts of its agents unless the Texas Tort Claims Act waives immunity from suit. [1] See Guillen v. … The record establishes the following relevant facts: the Fire Department received its articles of incorporation on July 3, 1974.

Ryan v. Village of Lindenhurst, Inc.

151 A.D.3d 898 · Appellate Division of the Supreme Court of the State of New York · Jun 14, 2017

The defendants also asserted qualified immunity as a defense. … The Village moved for leave to reargue on the ground that the Supreme Court misapprehended the existence of meritorious defenses, including improper service of process, qualified immunity, and consent.

Hendricks ex rel. Martens v. Weld County School District No. 6

19 Brief Times Rptr. 86 · Colorado Court of Appeals · Jan 26, 1995

Defendant challenges the applicability of this exception to the CGIA on the basis that, in its view, the unpadded wall cannot qualify as a “dangerous condition.” … Defendant also claims that it is entitled to a new trial because the trial court should have included instructions that inadequate design alone is insufficient to establish liability and that the physical condition of the

Crouch v. Trinque

262 S.W.3d 417 · Texas Court of Appeals, 11th District (Eastland) · Jul 17, 2008

Thus, Floyd established the affirmative defense of official immunity as a matter of law, and summary judgment in Floyd's favor was proper. … Because Trinque did not as a matter of law establish a qualified privilege or defense or disprove an element of defamation, she was not entitled to summary judgment on the cause of action for defamation.