Case law

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.

Brown v. Gatti

195 Or. App. 695 · Court of Appeals of Oregon · Oct 13, 2004

Although we are unwilling to say categorically that an attorneys statements to the press can never qualify for absolute immunity, we can say with no hesitation that the statements here do not; they were not only made to the … can have no bearing on whether a clearly stated exception should be expanded beyond its text.

Kelly v. Hochberg

231 Or. App. 155 · Court of Appeals of Oregon · Sep 30, 2009

immunity under that statute. … According to defendant, the statute affords immunity to “recreational” uses, defined by reference to, among other things, hiking, which is a form of clearly recreational travel.

Boyd v. City of New York

149 A.D.3d 683 · Appellate Division of the Supreme Court of the State of New York · Apr 5, 2017

Further, the appellants established that Gomez’s actions were privileged under the doctrine of qualified immunity, as they were objectively reasonable (see Davila v City of New York, 139 AD3d at 893 ; Williams v City of New … York, 129 AD3d at 1067 ), 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 ; Hudson Val.

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.

Stewart v. Solutions Community Counseling & Recovery Ctrs., Inc.

2021 Ohio 2635 · Ohio Court of Appeals · Aug 2, 2021

When read in context, the statute refers clearly to harm inflicted on third parties by the mental health patient. … The statute clearly codifies immunity to mental health providers in what would have previously been a common law negligence action.

Aldridge v. De Los Santos

878 S.W.2d 288 · Texas Court of Appeals, 13th District · Jun 23, 1994

Ellard’s affidavit is clearly insufficient to prove that he is entitled to official immunity as a matter of law. Charles El-lard’s sole point of error is overruled. … "Official immunity” is one of several interchangeable terms (including "qualified immunity," "quasi-judicial immunity,” "discretionary immunity,” and "good faith immunity”) used to refer to an affirmative defense available

In Re: Texas Board of Pardons and Paroles v. the State of Texas

Texas Court of Appeals, 5th District (Dallas) · Nov 26, 2024

TBPP also argues that Flowers’s allegations, taken as true, conclusively establish that no waiver of immunity under the Tort Claims Act applies here. … The parties dispute whether Flowers’s pleadings establish a waiver of immunity under this statute.

Jacobs v. Oath for Louisiana, Inc.

2016 La.App. 4 Cir. 1060 · Louisiana Court of Appeal · Jun 22, 2017

Because all of the statements at issue are capable of a defamatory meaning, subject to a qualified privilege, and there exists genuine a issue of material fact as the record fails to establish conclusively that the DOI defendants … establish that the DOI defendants and Scheur defendants did not abuse their respective qualified privileges.

Dyer v. Davis

189 So. 2d 678 · Louisiana Court of Appeal · Jul 8, 1966

statements are established. … Such comment we believe clearly within the purview of the Times decision.

Michael Talley; Jonesboro Police Department; And City of Jonesboro, Arkansas v. Carolyn Johnson, Michael Johnson, and Hailey Johnson (Now Boyd)

2026 Ark. App. 177 · Court of Appeals of Arkansas · Mar 11, 2026

Talley argues further that the trial court erred in denying him qualified immunity. … . § 21-9-301 and again asserted that they were entitled to tort immunity for any damages in excess of the statutory limit established by Ark. Code Ann. § 21-9-303.

Stevens v. Commonwealth, Department of Transportation

89 Pa. Commw. 309 · Commonwealth Court of Pennsylvania · May 17, 1985

The requirements of the statute are clearly written and create a very narrow exception to the defense of sovereign immunity for damages caused by potholes. … The statute clearly requires the “claimant to recover must establish” that the applicable Commonwealth agency, here PennDOT, had actual written notice of the dangerous condition with sufficient time in which to effect repairs

City of El Paso, Texas v. High Ridge Construction, Inc.

442 S.W.3d 660 · Texas Court of Appeals, 8th District (El Paso) · Jul 31, 2014

Waiver of Immunity-Section 271.152 Section 271.152 waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims. City of Houston v. Williams, 353 S.W.3d 128, 134 (Tex.2011). … Three elements must be established in order for Section 271.152’s waiver of immunity to apply: (1) the party against whom the waiver is asserted must be a “local governmental entity” as defined by Section 271.151(3); (2)

Washington v. Blackmore

119 Conn. App. 218 · Connecticut Appellate Court · Feb 2, 2010

In response, the defendants filed an answer and three special defenses alleging qualified official immunity, governmental immunity and qualified governmental immunity. … We first note the well established standard of review.

State v. Van Arsdale

20 Ariz. App. 253 · Court of Appeals of Arizona · Jul 10, 1973

We agree with the appellee that simply because defendants’ act was unsophisticated and they failed to succeed, they should not be automatically immune from prosecution. … Bentley Marshall, a qualified expert on explosives, inspected the package and advised the Kingman Police Department as to what they should do with it.

Washburne v. Town of Madison

175 Conn. App. 613 · Connecticut Appellate Court · Aug 15, 2017

‘‘This language clearly and expressly abrogates the tra- ditional common-law doctrine in this state that munici- palities are immune from suit for torts committed by their employees and agents.’’ Spears v. … The words ‘‘Safety Guidelines’’ are also clearly printed on top of the chart.

Massachusetts Department of Correction v. Massachusetts Commission Against Discrimination and Pamela Scanlan

Massachusetts Superior Court · Jan 15, 2019

A moving party bears a heavy burden of establishing that an agency's decision is invalid. See Merisme v. Board of Appeals on Motor Vehicle Policies and Bonds, 27 Mass. App. Ct. 470, 474 (1989); Mass. … Applying these requirements, the motion judge correctly concluded that the MCAD decision should be given preclusive effect. -4- [T]he MCAD qualifies as a "court of competent jurisdiction" because it is "a tribunal recognized

Croton v. Gillis

104 Mich. App. 104 · Michigan Court of Appeals · Mar 3, 1981

Defendant, if he had any privilege to comment as he did, had merely a qualified privilege. See New York Times Co v Sullivan, 376 US 254 ; 84 S Ct 710 ; 11 L Ed 2d 686 (1964), and the discussion infra. … Plaintiffs allegations of libel and malice are clearly sufficient to avoid summary judgment based on governmental immunity.

Philip Alan Green and Jonathan Zackhery Wilks v. Texas Comptroller of Public Accounts and Glenn Hegar, in His Official Capacity

Texas Court of Appeals, 8th District (El Paso) · Nov 21, 2023

As relevant here, the applicant must demonstrate that the proposed property is “located in an area designated as a reinvestment zone,” and it plans to “make a qualified investment” and “create at least 25 qualifying new … STANDARD OF REVIEW Unless the Legislature expressly waives immunity, governmental units are immune from lawsuits. State v. Lueck, 290 S.W.3d 876, 880 (Tex. 2009).

Lewis v. Four Corners Volunteer Fire Dept.

994 So. 2d 696 · Louisiana Court of Appeal · Sep 26, 2008

Mary Parish filed an answer and motion for summary judgment based on qualified immunity, which was scheduled for hearing on the morning of the trial, October 26, 2007. After hearing, the trial court granted St. … R.S. 33:9108B, which provides qualified immunity to providers of 911 services, as follows: No district, sheriff, service provider, nor any wireless service supplier which meets the requirements of R.S. 33:9109(F)(1) and (