Case law

State v. Evankovich

2010 Ohio 3157 · Ohio Court of Appeals · Jun 29, 2010

However, the trial court in the case sub judice clearly states in the judgment entry that it relied exclusively upon the legal conclusion in Shelton that “[t]he Defendant cannot be convicted under R.C. 4729.51(C)(1) since … At the hearing on the motion to dismiss, the trial court observed that the facts of the case establish that he is a licensed terminal distributor of dangerous drugs. (Hrg.

Rouse-Harris v. City of Schenectady Police Department

124 A.D.3d 1124 · Appellate Division of the Supreme Court of the State of New York · Jan 22, 2015

Following joinder of issue, defendants moved for summary judgment dismissing the complaint, asserting that Derkowski was entitled to qualified immunity under Vehicle and Traffic Law § 1104 because he was in pursuit of a suspect … "When an emergency vehicle, including a police vehicle, is involved in an emergency operation — such as pursuing an actual or suspected violator of the law — the driver of the emergency vehicle is entitled to qualified immunity

Limacher v. Spivey

145 N.M. 344 · New Mexico Court of Appeals · Sep 12, 2008

The district court granted summary judgment for Defendants on the basis of sovereign immunity. … McFeeley, 1999-NMCA-084, ¶ 28 , 127 N.M. 513 , 984 P.2d 760 , we cannot hold that Spivey’s duties, old statutes aside, qualify her as a law enforcement officer for purposes of waiving sovereign immunity under the NMTCA.

People v. O'Malley

2021 IL App (5th) 190127 · Appellate Court of Illinois · Mar 19, 2021

their immunity. … raising and proving their immunity.

Guzzi v. Dennehy

25 Mass. L. Rptr. 207 · Massachusetts Superior Court · Jan 14, 2009

The defendants here move for summary judgment on the federal claims, arguing that they did not violate any clearly established First Amendment rights of the plaintiffs and are in any event, immunized from suit by qualified … immunity.

Doucet v. Alleman

15 La.App. 3 Cir. 254 · Louisiana Court of Appeal · Oct 7, 2015

The trial court erred, in granting LDPSC’s motion for summary judgment based upon the qualified immunity for “discretionary acts” provision found in LSA-R.S. 9:2798.1 because that statute specifically excludes immunity for … Louisiana Revised Statute 9:2798.1 provides for the qualified immunity of state actors as follows: ■ *1112 |7A.

Texas Department of Transportation v. Albert Lara, Jr.

577 S.W.3d 641 · Texas Court of Appeals, 3rd District (Austin) · May 9, 2019

“Immunity from suit bars a suit against the State unless the Legislature expressly consents to the suit.” Texas Nat. Res. Conservation Comm’n v. … Qualified Individual While conceding the existence of Lara’s disability, the Department argues that Lara is not a qualified individual with a disability.

Stack v. State Farm Mut. Auto. Ins.

12 Fla. L. Weekly 845 · District Court of Appeal of Florida · Mar 24, 1987

The immunity of fellow employees is, significantly, qualified, and not absolute, in the sense that it is not available to an employee who causes injury to a fellow employee by a grossly negligent act. [1] Although the court … That factual question is clearly an issue for arbitration. [2] In summary we hold that (1) the police vehicle in which the plaintiff officer was a passenger when injured was an uninsured motor vehicle within the context of

People v. Rubio

250 Cal. Rptr. 3d 31 · California Court of Appeal, 5th District · Jul 18, 2019

That is, officials are entitled to qualified immunity unless they have "violated a 'clearly established' right," which means that in an appropriate case a court can enter a defense judgment on qualified immunity grounds " … Questions of qualified immunity aside, Ryburn is also factually distinguishable.

W.S.K. v. M.H.S.B.

922 N.E.2d 671 · Indiana Court of Appeals · Mar 10, 2010

W.S.K. clearly established the first element-he is African-American. The second element-W.S.K.'s qualifications-was the subject of discussion at oral argument. … Therefore, W.S.K. *689 did not establish that he was qualified for privileges at M.H.S.B.

Keturah Hall v. Antwan Acker

Court of Appeals of Georgia · Mar 13, 2023

Because the policy clearly stated that “[o]fficers will flush the eyes and face of the affected subject with clean water,” the policy did not leave any room for thought or discretion. … The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees for discretionary actions taken within the scope of their official authority,

Langer v. Xenias

134 A.D.3d 906 · Appellate Division of the Supreme Court of the State of New York · Dec 16, 2015

However, it is accorded a qualified immunity from liability arising out of a highway safety planning decision (see Friedman v State of New York, 67 NY2d at 283 ; Alexander v Eldred, 63 NY2d 460, 465-466 [1984]; Weiss v Fote … Here, the City failed to establish, prima facie, its entitlement to judgment as a matter of law on its defense of qualified immunity (see Ernest v Red Cr. Cent.

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.

Williamson v. Department of Mental Health

176 Mich. App. 752 · Michigan Court of Appeals · May 1, 1989

governmental immunity. … that knowledge, we conclude that there is ample support in the record establishing these elements.

Domingue v. Stanley

784 So. 2d 844 · Louisiana Court of Appeal · May 2, 2001

Brian Paul Domingue proceeded down a small hill into a level area and then proceeded up a hill on what he believed to be a well established motorcycle or ATV trail. … Finding that the DOTD was entitled to immunity, we stated: Clearly, this accident took place in a rural setting. Because of this site's popularity, we believe it warrants being termed a recreational area.

Bosanic v. Motz Development, Inc

277 Mich. App. 277 · Michigan Court of Appeals · Feb 28, 2008

While perhaps not drafted as clearly as it could have been, subsection 2 can best be understood as stating that this statutory scheme replaces any other common-law exceptions to immunity that might otherwise exist for sewer … It clearly provides that a “claimant may seek compensation” if the listed requirements are satisfied.

Martin v. Central Ohio Transit Authority

70 Ohio App. 3d 83 · Ohio Court of Appeals · Oct 25, 1990

Chapter 2744, Ohio’s Political Subdivision Tort Liability Act, provides personal, qualified immunity for employees of political subdivisions. … may be asserted to establish nonliability: <( # * * “(6) In addition to any immunity or defense referred to in division (A)(7) of this section and in circumstances not covered by that division, the employee is immune from

Harris County Flood Control District v. Mihelich

512 S.W.2d 393 · Court of Appeals of Texas · Jun 13, 1974

Clearly, the purpose of Section 59(c) of Article 16 is to control and limit the incurring of indebtedness for improvements and their maintenance by certain districts. … The liability thus established is fortuitous; it is not a voluntary indebtedness of the District.

Texas Department of Transportation v. Allan A. Crockett and Gulf Coast Contractors, Inc.

Texas Court of Appeals, 13th District · Jun 5, 2008

Standard of Review Sovereign immunity, encompassing both immunity from suit and immunity from liability, protects political subdivisions of this state from lawsuits for money damages; sovereign immunity from suit deprives … The Texas Transportation Code authorizes TxDOT to "establish procedures for the informal resolution of a claim arising out of a contract described by . . . Chapter 223." Tex. Trans.

Smith v. Tarrant County

946 S.W.2d 496 · Court of Appeals of Texas · May 8, 1997

Thus, the burden is on the defendant to establish all elements of the defense. Montgomery, 669 S.W.2d at 310-11 . … This standard applies in all qualified or official immunity cases. Putthoff , 934 S.W.2d at *503 172; Murillo v. Garza, 881 S.W.2d 199, 202 (Tex.App.—San Antonio 1994, no writ).