Case law

Raymondville Independent School District v. Ruben Ruiz

Texas Court of Appeals, 13th District · Mar 4, 2021

PLEA TO THE JURISDICTION By its sole issue, Raymondville ISD alleges the trial court erred in denying its plea to the jurisdiction because Ruiz did not establish a waiver of Raymondville ISD’s immunity. … Here, there was enough evidence to establish Ruiz acted under a good faith belief and there was evidence presented to the trial court that showed a genuine issue of material fact.

Clarence Whitesell v. Nellie Newsome, as Next Friend of Jane Doe, a Minor Child

Texas Court of Appeals, 14th District (Houston) · Mar 2, 2004

Whitesell said, A I, therefore, saw no reason to terminate his employment with [BISD] in light of his otherwise very good job performance. @ Whitesell further testified that he provided Durham with a list of employees who were qualified … In this case, Whitesell does not controvert that he violated section 22.084(b) of the Education Code, a provision which clearly delineates the duties of a professional employee of a school with respect to obtaining approval

People v. Safiedine

152 Mich. App. 208 · Michigan Court of Appeals · Jun 2, 1986

In particular, defendant argues that the prosecutor failed *216 to establish an adequate foundation for the records. … Rullo was thus a "qualified witness” within the rule’s meaning.

Moseley Groc. v. State Dept. of Pub. Health

928 So. 2d 304 · Court of Civil Appeals of Alabama · Nov 4, 2005

immunity. … A plaintiff can establish this lack of good faith by demonstrating that the defendant public official's actions "`"`"violated clearly established constitutional law."'"'" Id. (quoting Couch v.

Mission Consolidated School District v. Gloria Garcia

Texas Court of Appeals, 13th District · May 27, 2010

Age Discrimination To establish a prima facie case of age discrimination, a plaintiff must show: (1) that she was discharged; (2) that she was qualified for the position; (3) that she was in the protected class at the time … Notwithstanding the lack of briefing or argument, the supreme court considered the waiver issue (9) and concluded that the "TCHRA clearly and unambiguously waives immunity." Garcia , 253 S.W.3d at 660 .

Brown Group Retail, Inc. v. Franchise Tax Board

44 Cal. App. 4th 823 · California Court of Appeal · Apr 22, 1996

Minn, and the determination not to hear the other two cases apparently created confusion regarding what sales activities in a state qualified for immunity. … First, it is clear from the majority opinion in Wrigley that only request-related activity qualifies for immunity. That is not the situation presented here.

Dallas Area Rapid Transit v. Oncor Electric Delivery Co.

331 S.W.3d 91 · Texas Court of Appeals, 5th District (Dallas) · Dec 22, 2010

In contrast, immunity from suit bars an action against the state unless the state expressly waives immunity or consents to the suit. Id. The party bringing suit must establish the state’s consent or waiver. Id. … The source of the PUC’s power is clearly stated in the Public Utility Regulatory Act (“PURA”), which states in part, “The purpose of this subtitle is to establish a comprehensive and adequate regulatory system for electric

AAIS Corp. v. Department of Administrative Services

93 Conn. App. 327 · Connecticut Appellate Court · Jan 24, 2006

The party seeking the exercise of the court’s jurisdiction bears the burden of alleging facts that clearly demonstrate that it is the proper party to invoke judicial resolution of the dispute. . . . … The defendants filed a motion to dismiss, claiming that the plaintiff had not alleged facts sufficient to have standing to pursue its exclusion as a bidder or to establish waiver of sovereign immunity.

Sun v. City of Oakland

166 Cal. App. 4th 1177 · California Court of Appeal · Sep 15, 2008

They also asserted that City did not qualify for the immunities of Government Code sections 830.4 and 830.8 due to its failure to comply with Vehicle Code section 21950.5. D. … Nor does [the statute] clearly demonstrate a legislative intent to withdraw or qualify the immunity provided by Government Code [sections] 830.4 and 830.8. ...

State v. Delacruz

52 Kan. App. 2d 153 · Court of Appeals of Kansas · Dec 11, 2015

In this case, Delacruz was clearly granted immunity from the State. In addition to that immunity, Delacruz also received a letter from United States Attorney Barry R. … Moreover, while the letter was not a formal grant of immunity from federal prosecution, it clearly stated that no federal prosecution would be forthcoming.

Donna Sturkin and Vicky Patrick v. Mississippi Association of Supervisors, Inc.

Court of Appeals of Mississippi · Nov 24, 2020

But acting within the scope of one’s employment is also irrelevant to establishing the defense of qualified immunity in civil rights cases. … A government official enjoys qualified immunity if his conduct does not violate a clearly establish statutory or constitutional right that a reasonable person would have known. Pearson v.

Browne v. Commonwealth, Department of Transportation

843 A.2d 429 · Commonwealth Court of Pennsylvania · Mar 1, 2004

Browne states therein that she presented sufficient *435 evidence to overcome the township’s governmental immunity claim, and that its actions fell within the real estate and utility service exceptions to the grant of immunity … The investigating officer is not qualified to interpret the report supplied by Cpl. Mauger.”

People v. Akhmedov

297 Mich. App. 745 · Michigan Court of Appeals · Jul 26, 2012

The court mistakenly reasoned that defendant’s conviction would not qualify as a felony under federal law if defendant were sentenced to less than one year in prison for his crimes. … ’s finding that Moe was not an agent of the police for the second and third transactions was not clearly erroneous.

L.K.I. Holdings, Inc. v. Tyner

658 N.E.2d 111 · Indiana Court of Appeals · Nov 29, 1995

The governmental entity seeking to establish immunity bears the onus of proving that the challenged act or omission was a policy decision made by consciously balancing risks and benefits. Peavler, supra. … We must keep in mind that the purpose and policy underlying governmental immunity is the cornerstone for evaluating any claim of governmental immunity. Id.

the Gulf Coast Center v. Daniel Curry, Jr.

Texas Court of Appeals, 1st District (Houston) · Sep 10, 2020

Applicable law and standard of review Under the common law, immunity from liability and immunity from suit are discrete aspects of governmental immunity. Rusk State Hosp. v. … The TTCA provides a limited waiver of governmental immunity—either immunity from suit or immunity from liability—under specified circumstances.

In Re China Oil and Gas Pipeline Bureau

94 S.W.3d 50 · Texas Court of Appeals, 14th District (Houston) · Aug 22, 2002

When considered in their entirety, the letters establish that China Oil consistently asserted its immunity from suit. … Though the court’s decision in Haven was based, in part, on its determination that the letter did not constitute a responsive pleading under rule 7 of the Federal Rules of Civil Procedure, the court’s reasoning clearly establishes

Dawoodi v. City of New York

2025 NY Slip Op 05498 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2025

In addition, Detective Varghese's actions were privileged under the doctrine of qualified immunity, as they were objectively reasonable ( see Boyd v City of New York , 149 AD3d 683, 686; Davila v City of New York , 139 AD3d … 890, 893), and his conduct did not violate clearly established statutory or constitutional rights of which a reasonable person would have known ( see Davila v City of New York , 139 AD3d at 893).

HARTFORD STEAM BOILER INSP. & INS. CO. v. White

775 N.E.2d 1128 · Indiana Court of Appeals · Sep 25, 2002

He saw no difference in conducting a qualified safety inspection in any of the states he was licensed in, because the National Board of Inspection Code establishes guidelines and procedures for the safe inspection of boilers … Our review of the evidence as a whole shows that Nasatka clearly performed an inspection for state certification purposes and that a copy of his report was made available to Hartford's underwriting department.

Tabrizi v. City of Austin

551 S.W.3d 290 · Court of Appeals of Texas · Apr 25, 2018

Accordingly, the DJA "is not a general waiver of sovereign immunity" but only waives "immunity for certain claims." Texas Parks & Wildlife Dep't v. … Under the common dictionary definition, a street gutter that redirects water would not intuitively qualify as a utility service provided to the property.

Elias v. Akron

2019 Ohio 4657 · Ohio Court of Appeals · Nov 13, 2019

General Immunity and the R.C. 2744.02(B) Exceptions {¶10} There is no dispute that the City qualified, at the first tier of the analysis, for a general grant of immunity under R.C. 2744.02(A). … . 2744.02(B)(3) exception applies, the City retains immunity pursuant to R.C. 2744.03(A).” {¶20} If an R.C. 2744.02(B) exception to immunity applies, the political subdivision may still establish nonliability through