Case law

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

Rivas v. City of Houston

17 S.W.3d 23 · Texas Court of Appeals, 14th District (Houston) · May 11, 2000

a red light without his siren in operation. 1 Government employees are, under certain circumstances, entitled to official, or qualified, immunity. … Because immunity is an affirmative defense, Calfee and the City had the burden of proof to establish all elements of that defense. See Woods v.

Pondella Hall for Hire, Inc. v. Lámar

866 So. 2d 719 · District Court of Appeal of Florida · Jan 2, 2004

Lamar alleged various grounds for dismissing Pondella's counterclaims, including: (1) prosecutorial immunity, (2) qualified immunity, (3) sovereign immunity, (4) laches, (5) insufficient pleadings and (6) statutory bars. … This pleading is insufficient to establish that the State took the leases.

Francis Roy, M.D. v. The City of Harriman

279 S.W.3d 296 · Court of Appeals of Tennessee · Jun 30, 2008

Bennett, has the initial burden, and “must either affirmatively negate an essential element of the non-movant’s claim or conclusively establish an affirmative defense.” McCarley v. … Law; they would be, at most, merely “immune from discovery.”

Babinchak v. Town of Chesterton

598 N.E.2d 1099 · Indiana Court of Appeals · Sep 10, 1992

Indiana Trial Rule 56(C) places the burden on the movant to establish the propriety of granting summary judgment. … Accordingly, Ind.Code 34-4-16.5-3 provides 17 separate and distinct instances where governmental immunity is available. It is necessary for Chesterton to qualify for only one category in order for immunity to attach.

Ayantola v. Board of Trustees of Technical Colleges

116 Conn. App. 531 · Connecticut Appellate Court · Aug 18, 2009

“It is the established law of our state that the state is immune from suit unless the state, by appropriate legislation, consents to be sued.” Baker v. Ives, 162 Conn. 295, 298 , 294 A.2d 290 (1972). … Sovereign immunity can also be avoided if the legislature, either expressly or by force of necessary implication, statutorily waives the state’s sovereign immunity. Miller v.

Patterson v. Ellerbee

268 Ga. App. 826 · Court of Appeals of Georgia · Jul 15, 2004

; and (4) Judge Ellerbee was entitled to qualified immunity. … Moreover, Judge Ellerbee’s official and qualified immunity would also serve as formidable obstacles to *829 Patterson’s suit.

U.S. Taekwondo Comm. v. Kukkiwon

411 P.3d 782 · Colorado Court of Appeals · Jul 3, 2013

Starks, 36 P.3d 168 , 171 (Colo.App.2001) (ruling on CGIA qualified immunity not immediately appealable because CGIA "qualified immunity is not a jurisdictional issue of sovereign immunity, but rather, an affirmative defense … " that provides immunity from liability); see also Furlong, 956 P.2d at 551 (distinguishing CGIA qualified immunity from qualified immunity in a § 1983 case and concluding that "qualified immunity under the CGIA does not

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.

Commonwealth v. Widener

Massachusetts Appeals Court · Jun 15, 2017

Evidence, Immunized witness, Prior conviction. Witness, Immunity. Assault and Battery by Means of a Dangerous Weapon. … testimony of an immunized witness was not sufficient to convict  9 Second, even if Tobin and Long qualified as immunized witnesses under § 20E, their

Satorre v. New Hanover County Board of Commissioners

165 N.C. App. 173 · Court of Appeals of North Carolina · Jul 6, 2004

The County retained a qualified industrial hygienist to investigate the indoor air quality at the Courthouse and to supervise remediation of any problem areas. … Doe clearly holds that operation of a courthouse pursuant to statute is a governmental function. Doe, 144 N.C. App. at 134 , 547 S.E.2d at 126 .

St. John Town Board v. Lambert

725 N.E.2d 507 · Indiana Court of Appeals · Mar 28, 2000

In the past, Indiana appellate courts established several legal principles to assist in deciphering whether governmental units were immune from tort liability under the common law. … Indiana statute grants the authority to establish streets to municipalities. Ind. Code § 36-9-2-5 .

Skypark Aviation, LLC v. Lind

523 S.W.3d 869 · Court of Appeals of Texas · Jun 22, 2017

immunity. … Furthermore, Appellants have not cited any authority establishing that a private cause of action exists for claims of this type or that governmental immunity for claims of this type has been waived.

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.

Thurmond v. City of Huntsville

904 So. 2d 314 · Court of Civil Appeals of Alabama · Dec 30, 2004

In an unpublished opinion, the Eleventh Circuit Court of Appeals held that the magistrate judge had erred by withholding qualified immunity from Lieutenant Della-Calce as to the plaintiffs' excessive-force claim; the Eleventh … established law.'"

Ener v. Thomas

20 S.W.3d 712 · Texas Court of Appeals, 14th District (Houston) · Mar 4, 1999

Sovereign Immunity Appellants’ first three points of error argue that their summary judgment evidence conclusively established the affirmative defense of official immunity. … Univ., 951 S.W.2d 401, 405 (Tex.1997). 1 Sovereign *715 immunity protects governmental entities from liability whereas official (or qualified) immunity protects individual governmental employees therefrom. See DeWitt v.

Helen Robinson v. University of Texas Medical Branch at Galveston

Texas Court of Appeals, 14th District (Houston) · Jun 30, 2005

These duties clearly arise from the Willed Body Form that Mr. Robinson signed. This contract outlined and limited the duties UTMB owed to Mr. and Mrs. Robinson. … I believe that UTMB = s improper A use @ of the ashes by mingling them with the ashes of other donated bodies qualifies as a use of tangible personal property. But, even though Mrs.

City of Alton v. Sharyland Water Supply Corporation

Texas Court of Appeals, 13th District · Feb 20, 2003

When a governmental entity asserts sovereign immunity based on its employees' official immunity, it must establish as a matter of law that each employee alleged to be negligent is entitled to official immunity. Tex. … A governmental entity's sovereign immunity as to negligence claims remains intact if qualified immunity protects its employees' actions. De Witt v. Harris County , 904 S.W.2d 650, 653, 654 (Tex. 1995).

Fellhauer v. City of Geneva

190 Ill. App. 3d 592 · Appellate Court of Illinois · Nov 2, 1989

Stat. 1987, ch. 24, par. 3 — 11—1 (relied upon by Lewis)); (2) Lewis was immune from liability under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) for discretionary acts within the … The trial court refused to consider Lewis’ assertions of qualified immunity, finding those matters improper for consideration under a section 2— 615 motion (Ill. Rev. Stat. 1987, ch. 110, par. 2 — 615).

McKinney v. East Orange Mun. Corp.

284 N.J. Super. 639 · New Jersey Superior Court Appellate Division · Oct 31, 1995

Our review of the record satisfies us that there was, at the least, a genuine question of fact respecting the qualified immunity defense and that the trial judge erred in excluding the proffered expert testimony. … We consider first the qualified immunity defense, beginning with the facts surrounding the issuance of the warrant. As we have noted, the warrant was issued on Woodson's affidavit dated December 29, 1986.