Case law

Department of Health v. Curry

722 So. 2d 874 · District Court of Appeal of Florida · Nov 20, 1998

The Department ... shall supervise and secure the enforcement of the required immunization.... .... (3) The school board of each district and the governing authority of each nonpublic school shall establish and enforce as … Curry, on the other hand, argues that section 232.032(4)(a) clearly and unambiguously provides that a parent or guardian is entitled to have his or her child exempted from the required immunizations if he or she "objects

Morgan v. City of Alvin

175 S.W.3d 408 · Texas Court of Appeals, 1st District (Houston) · Sep 9, 2004

Specifically, we must determine whether appellant established that *414 his claim fell within a waiver of immunity to which no exception applied. See id. … Ballantyne , 144 S.w.3d at 426; Chambers, 883 S.W.2d at 656-57 . " 'Thus qualified immunity protects all but the plainly incompetent or those who knowingly violate the law.’ ” Chambers, 883 S.W.2d at 656 (quoting Malley v

Buechele v. St. Mary's Hospital Decatur

156 Ill. App. 3d 637 · Appellate Court of Illinois · Jun 11, 1987

Furthermore, a provision which would grant absolute immunity to those making the reports but only qualified immunity to those assisting would make no sense. … The right to file a lawsuit claiming individual injury is a purely personal right and does not involve any clearly mandated public policy.

Jolly v. Michael Reese Health Plan Foundation

225 Ill. App. 3d 126 · Appellate Court of Illinois · Jan 27, 1992

According to the statute, to qualify for the immunity granted, health services corporations are required to meet several criteria: (1) 30% of the trustees of the health plan corporation must be physicians licensed to practice … The record establishes that the physician’s assistant at all times relevant to the incident was supervised by a physician.

Wheelabrator Air Pollution Control, Inc. v. City of Public Service Board of San Antonio, a Municipal Board of the City of San Antonio

492 S.W.3d 1 · Texas Court of Appeals, 4th District (San Antonio) · Nov 26, 2014

—Austin 2012, pet. denied) (concluding the trial court erred in denying university’s plea to the jurisdiction because none of the governing statutes contained language clearly and unambiguously waiving immunity for claims … We conclude that CPS’s immunity from suit as to attorney’s fees was not clearly and unambiguously waived under chapter 271.

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

JOSEPH CASTELLANO, M. D. v. DAVID HALPERN, M. D.

District Court of Appeal of Florida · Dec 29, 2023

Next, we must determine whether Castellano has shown that the trial court departed from clearly established law. … A departure from clearly established law can be shown by the misapplication of the plain language in a statute. Gonzalez, 15 So. 3d at 39.

State Dept. of Public Safety v. Sexton

748 So. 2d 200 · Court of Civil Appeals of Alabama · Jun 12, 1998

McGinty were entitled to qualified immunity from liability under § 1983 if their actions were undertaken in good faith and did not violate clearly established rights. … "In order to defeat a qualified immunity defense, the plaintiff `bears the burden of showing that "the legal norms allegedly violated by the defendant were clearly established at the time of the challenged actions ."'"

Montenegro v. City of Bradbury

215 Cal. App. 4th 924 · California Court of Appeal · Apr 25, 2013

Governmental Immunity for Recreational Trails A public entity is generally liable for an injury caused by a dangerous condition of its property if the plaintiff establishes that the property was in a dangerous condition … City of Los Angeles (1998) 68 Cal.App.4th 1097, 1103 [“design and use” control whether area qualifies as recreational trail].)

Harrison v. Veolia Water Indianapolis, LLC

929 N.E.2d 247 · Indiana Court of Appeals · Jun 29, 2010

Although the issue here is not, strictly speaking, one of sovereign immunity, we believe it is necessary to review the history of sovereign immunity in Indiana and the adoption of ITCA. 3 Sovereign immunity originated in … Despite the difficulty of defining what constituted a "proprietary function" for which a municipality could be held liable if it had been performed negligently, there were numerous cases clearly establishing that a municipality's

John Fox v. Joe Wardy, Mayor, and Thomas McGuire

Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

Appellees filed a plea to the jurisdiction in both cases based on sovereign immunity, official immunity, and qualified immunity. … Appellees, who were sued in their official and individual capacities, asserted sovereign immunity, official immunity, and qualified immunity.

Warren Franklin v. McLaren Flint

Michigan Court of Appeals · Jul 25, 2024

Viewed in context of the full statute, this broad phrase is limited by the qualifying language “in support of this state’s response to the COVID-19 pandemic.” … Through other subsections, the Act clearly defines “health care services” and “health care facility” as used in the statute.

Walls v. State

670 So. 2d 382 · Louisiana Court of Appeal · Jan 31, 1996

Clearly, the district attorney's evaluation of the evidence and his decision to proceed with the prosecution in this case were in preparation for judicial proceedings and within his role as advocate for the state. … Pachtman, 424 U.S. 409, 424 , 96 S.Ct. 984, 992 , 47 L.Ed.2d 128 (1976), the Supreme Court stated: If a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties no less

Zyskowski v. Habelmann

150 Mich. App. 230 · Michigan Court of Appeals · Apr 7, 1986

However, a statutory exception to immunity provides that an agency is not immune from liability for improperly maintained roads under the agency’s jurisdiction. … Since the city in the present case clearly did not have jurisdiction over Outer Drive, it is immune from tort liability for any alleged failure to properly maintain the road or lighting, and the trial court appropriately

Missouri Highway & Transportation Commission v. Kansas City Cold Storage, Inc.

948 S.W.2d 679 · Missouri Court of Appeals · Apr 22, 1997

Experts are generally qualified to estimate the costs of damages where such estimates are based on expertise and experience. State ex rel State Highway Com’n. v. Beaty, 505 S.W.2d 147, 154 (Mo.App.1974). … omissions by public employees arising out of the operation of motor vehicles or motorized vehicles within the course of their employment; (2) Injuries caused by the condition of a public entity's property if the plaintiff establishes

Wells Fargo Credit Corp. v. Arizona Property & Casualty Insurance Guaranty Fund

165 Ariz. 567 · Court of Appeals of Arizona · Oct 11, 1990

The August 27, 1977 date relates to the effective date of the legislation establishing the Fund. See Laws 1977, ch. 130, § 2. … In support of this argument, Wells Fargo points to § 20-693, the immunity provision in the article establishing the life and disability insurance guaranty fund.

Gary W. Gates, Jr., as Next Friend of Derodrick Gates and Marcus Gates, Minors v. Fort Bend Child Advocates, Inc., Linda Shulz, and Bonnie Martin

Texas Court of Appeals, 1st District (Houston) · May 26, 2005

First, appellees withdrew their qualified-immunity defense in response to the Gateses’ motion for qualified-immunity discovery, and, in the final summary-judgment hearing, appellees withdrew any summary-judgment ground based … on good-faith qualified-immunity.

Stablein v. Schuster

183 Mich. App. 477 · Michigan Court of Appeals · Feb 8, 1990

The immunity is a qualified one, but defendant has met the qualifications that the report must be fair and true. … A trial court’s finding that a plaintiff’s claim is not frivolous is governed by the clearly erroneous standard. DeWald v Isola, 180 Mich App 129, 134 ; 446 NW2d 620 (1989).

Manfred Fink v. Joann D. Anderson, Betty Bailey, Doug Bird, Ann Brown, Brad Bullock, M.D., Jim Byron, Mike Clann, Claire Crowder, Evan Quiros, Paul Fulmer, M.D., Eric Geibel, Mark Griffin, Steve Gerguis, Stacey Harvey, Bill Henderson, Allen Holt, Linda Hudson

Texas Court of Appeals, 1st District (Houston) · Sep 24, 2015

At times the Legislature has clearly stated its intent to waive immunity. See, e.g., TEX. CIV. PRAC. & REM. … The investors argue that the Securities Act clearly waives immunity through incorporation of a defined term.

In Re Dependency of JRU-S.

110 P.3d 773 · Court of Appeals of Washington · Apr 11, 2005

While that is true, and while termination of parental rights is a consequence of sufficient gravity to qualify as compulsion, [12] the penalty cases have generally required a showing that a penalty would follow directly and … In cases where compulsion is present, prior access to counsel would clearly be inadequate.