Case law

Wilt v. Commonwealth

46 Pa. Commw. 559 · Commonwealth Court of Pennsylvania · Oct 23, 1979

Lopus, although he clearly under the old law would have had absolute immunity, no longer enjoys this status. We are unable on the record now before us to say whether any public policy would be promoted by holding Mr. … Lopus to be immune.

Buck v. Reminderville

2014 Ohio 1389 · Ohio Court of Appeals · Mar 31, 2014

The nonmoving party must identify some evidence that establishes a genuine issue of material fact, and may not rely upon the allegations and denials in the pleadings. … Id. {¶9} There are two classes of privileged communications: (1) absolutely privileged and (2) qualified or conditionally privileged. Id.

Satterfield & Pontikes Construction, Inc. v. Irving Independent School District

123 S.W.3d 63 · Texas Court of Appeals, 5th District (Dallas) · Jan 12, 2004

Satterfield’s pleadings must establish, either by reference to a statute or express legislative permission, the Legislature’s consent to its lawsuit, or immunity from suit will deprive the trial court of subject matter jurisdiction … When determining whether *66 the Legislature has clearly and unambiguously waived immunity from suit, we generally resolve any ambiguity in favor of retaining immunity. See Wichita Falls State Hosp. v.

City of Tallahassee v. Big Bend PBA

703 So. 2d 1066 · District Court of Appeal of Florida · Jun 24, 1997

Here, the arbitration statute clearly anticipates that, following confirmation of an award, additional judicial work (i.e., entry of a judgment) will occur. § 682.15, Fla. Stat. (1995). … Resha, 648 So.2d 1187 (Fla.1994)(in holding that "an order denying summary judgment based upon a claim of qualified immunity is subject to interlocutory review to the extent that the order turns on an issue of law," the Florida

Meyer Land & Cattle Co. v. Lincoln County Conservation District

29 Kan. App. 2d 746 · Court of Appeals of Kansas · Sep 14, 2001

As a result, potential defenses under the Kansas Tort Claims Act, K.S.A. 75-6101 el seq., and Lincoln’s claims of qualified immunity for its individual board members are not relevant at this time. … Kansas State Board of Regents, 269 Kan. 881, 888 , 9 P.3d 1251 (2000) (qualified immunity is an affirmative defense requiring plaintiff to show defendant violated a clearly established constitutional right).

Roberts v. Fayette County Board of Education

173 S.W.3d 918 · Court of Appeals of Kentucky · Sep 30, 2005

Alternatively, the court also found that the board was immune from claims such as Roberts’ under the doctrine of governmental immunity. This appeál followed. … Roberts contends that the evidence establishes that there is a genuine issue of material fact regarding his qualifications.

D. Scrip v. Debbie O'Dell Seneca, in her individual capacity as President Judge of the Court of Common Pleas of Washington County

191 A.3d 917 · Commonwealth Court of Pennsylvania · Jul 23, 2018

In crafting the Code of Conduct, Scrip argued, the Supreme Court clearly expressed its intent to provide a 7 remedy to judicial employees under the Whistleblower Law. … to such claims; and (b) the Code of Conduct, which requires Judicial employees to report wrongdoing, qualifies as a public policy of the Commonwealth.

Peters v. Gaggos

72 Mich. App. 138 · Michigan Court of Appeals · Nov 8, 1976

This uncertainty arose as a result of the Supreme Court’s 1965 amendment to subrule 306.2 deleting that portion of the rule which granted qualified immunity for the discovery of any "statement” obtained from a witness in … They are, however, if obtained in anticipation of litigation or preparation for trial, work product and, therefore, cloaked with a qualified immunity without regard to whether they are prepared by an attorney or by some other

Davisson v. O'Brien

104 So. 3d 467 · Louisiana Court of Appeal · Aug 8, 2012

Her communications were factual and each letter clearly demonstrates her concerns for the child. O’Brien’s conduct was not just competent; it was exemplary. … Andrew’s position on the immunity issue includes: • Immunity shields only those in good faith, and who do not make a statement known to be false or with reckless disregard for the truth.

Barrett v. Fonorow

343 Ill. App. 3d 1184 · Appellate Court of Illinois · Oct 28, 2003

News vendors, bookstores, and libraries generally qualify for this standard of liability.” J. Friedman & F. … Clearly, he has not.

Charles Ray Mason and James Charles Smith v. Arthur Wood, Gary Hunter, Brenda Spitaleri, Patricia Strobl and Marcial Foisie, Jr.

Texas Court of Appeals, 9th District (Beaumont) · Mar 19, 2009

The affirmative defenses of official immunity from state law claims and qualified immunity from federal law claims presuppose the existence of a prima facie claim. Leachman v. Dretke, 261 S.W.3d 297, 315 (Tex. App. … Although the appellees' motion to dismiss mentions the doctrine of sovereign immunity, the motion to dismiss does not present claims of either qualified immunity or official immunity.

University of Miami v. Exposito ex rel. Gonzales

87 So. 3d 803 · District Court of Appeal of Florida · Apr 27, 2012

(d) The costs of birth-related neurological injury claims are particularly high and warrant the establishment of a limited system of compensation irrespective of fault. … Because the NICA Plan provides limited remedies as a statutory substitute for common law rights and liabilities, this Court has held that the NICA statute “should be strictly construed to include *811 only those subjects clearly

Commonwealth v. Norris

2011 Pa. Super. 177 · Superior Court of Pennsylvania · Aug 22, 2011

However, unlike the immunity doctrine, the present statute applies to both public officials and public employees. … Although in the ensuing analysis we find that power and authority are not a necessary aspect of employment to qualify for application of the extended statute of limitations, clearly employment that comes with power and authority

Sanders v. Stewart

157 Ind. App. 74 · Indiana Court of Appeals · Jul 24, 1973

An employer could report anything, whether true or not, with any kind of intent, including malicious, and be immune from libel actions. … If facts showing an absolute privilege are established, malice is conclusively rebutted; but, if the occasion shown is one of qualified privilege merely, the absence of malice is established only prima facie, and the plaintiff

Ruspi v. Glatz

69 A.3d 680 · Superior Court of Pennsylvania · May 24, 2013

Does Lake Wallenpaupack qualify as “land” under the RULWA? 3. … To the extent of this separation, the Act establishes a dual system of control.

Whitler v. McFaul

123 Ohio App. 3d 199 · Ohio Court of Appeals · Oct 27, 1997

In addition, appellees claim the protection of “qualified immunity” for their actions. … Generally, the determination of whether appellees are protected by the doctrine of qualified immunity for their actions turns on the objective legal reasonableness of the action and is, therefore, a question of fact.

Smith v. Upper Chesapeake Medical Ctr.

Court of Special Appeals of Maryland · May 4, 2026

By counting COVID-19 precautions as COVID-19 treatment, he argues, the court widened the scope of immunity beyond that established by the Amended Order. … The court analogized the proper scope of immunity here to the qualified immunity extended to police officers and state officials—a fair comparison in concept, although here, unlike the civil rights setting, at least we

Price v. State

250 Ga. App. 872 · Court of Appeals of Georgia · Jul 31, 2001

Price’s contention that the DNR’s false statements in this process caused him substantial losses does not render the DNR or the State liable, as the DNR was clearly providing law enforcement and thus was immune from liability … Blue Ridge is inapplicable because it addresses federal qualified immunity and federal constitutional claims, rather than state sovereign immunity and state claims, which are at issue here.

Felix v. Spaulding High Sch. Union Dist.

Vermont Superior Court · Mar 3, 2010

The Vermont law of qualified official immunity is simple in outline. … In Hudson, the court drew attention to the purposes of qualified immunity.

State ex rel. Blue Springs School District v. The Honorable Jack R. Grate

576 S.W.3d 262 · Missouri Court of Appeals · May 21, 2019

Thus, prohibition is an appropriate remedy when "a defendant is clearly entitled to immunity." State ex rel. Bd. of Trs. of City of North Kansas City Mem'l Hosp. v. Russell, 843 S.W.2d 353, 355 (Mo. banc 1992). … The Topps court added that the disclaimer's references to sections 537.600 and 537.610 clearly indicated an intent to disclaim any waiver of sovereign immunity. Id.