Case law

White v. Cochran

229 N.C. App. 183 · Court of Appeals of North Carolina · Aug 20, 2013

“[I]tis generally established that a sheriff is a public official entitled to sovereign immunity and, unless the immunity is waived pursuant to a statute, is protected from suit against him in his official capacity.” … Purchase of a Surety Bond As the record clearly reflects, given that Sheriff Cochran, in compliance with N.C. Gen.

University of Texas M.D. Anderson Cancer Center v. Nevine Eltonsy

451 S.W.3d 478 · Texas Court of Appeals, 14th District (Houston) · Nov 7, 2014

Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (“Garcia I”) (holding that “the TCHRA clearly and unambiguously waives immunity”).1 The TCHRA provides that an employer may not, on the basis of “race, color, disability, sex, national … To prevail on a claim of gender discrimination, the plaintiff must establish that she was (a) a member of a class protected by the TCHRA, (b) qualified for her position, (c) subjected to an adverse employment action, and

Bell Atlantic Mobile Systems, Inc. v. Zoning Hearing Board of O'Hara

676 A.2d 1255 · Commonwealth Court of Pennsylvania · May 21, 1996

Whether they are immune from suit turns on the objective legal reasonableness of the suit, and the official action must be assessed in light of the legal rules that were clearly established at the time the- action was taken … established that these individuals violated a “clearly established” right, as required to overcome the claim of qualified immunity and grant punitive damages.

Agbor v. St. Luke's Episcopal Hospital

912 S.W.2d 354 · Texas Court of Appeals, 14th District (Houston) · Jan 4, 1996

., whether a particular doctor is qualified to practice at the hospital, where the credentialing decisions are made without malice. … Moreover, although the Federal Act clearly does not extend immunity to suits by patients against hospitals, [8] Section 11115(a) of the Federal Act specifically contemplates that greater immunity might be provided by state

Metropolitan Edison Co. v. City of Reading

125 A.3d 499 · Commonwealth Court of Pennsylvania · Oct 15, 2015

facilities of steam, sewer, water, gas or electric systems owned by the local agency and located within rights-of-way, except that the claimant to recover must establish … This Court explained that to qualify for immunity under Section 8542(b)(5) of the Act, “the allegedly dangerous condition must have derived or originated from, or had its source as the local agency’s realty.” Id.

Jones v. MISSISSIPPI TRANSP. COM'N

920 So. 2d 516 · Court of Appeals of Mississippi · Jan 24, 2006

The findings of the trial court will not be disturbed unless the judge abused his discretion, was manifestly wrong, clearly erroneous, or an erroneous legal standard was applied. Mississippi Dep't of Transp. v. … Looking to these factors, we find that the trial court's determination that MTC was not on constructive notice of the defective shoulder is not clearly erroneous.

Ratcliffe v. Louisville Courier-Journal Co.

99 Ky. 416 · Court of Appeals of Kentucky · Jun 10, 1896

Just how far the testimony as to specific acts of disorder on the part of the appellant went towards establishing the truth of the libelous charge was for the jury to decide. … Exception was also taken in behalf of the appellant to the testimony of some of the witnesses who were introduced, to impeach his general character on the ground that they did not qualify themselves as witnesses as to his

Korengel v. Little Miami Golf Ctr.

2019 Ohio 3681 · Ohio Court of Appeals · Sep 13, 2019

, would eliminate any duty to protect Ryan from the allegedly hazardous tree and prevent the Korengels from establishing the negligence requirement of the physical-defect exception to immunity. {¶63} Negligence … Appellants contend that the Korengels cannot establish the requisite proximate cause, even if they can show employee negligence with respect to the tree.

State v. Keyes

563 P.3d 1243 · Idaho Court of Appeals · Feb 7, 2023

Keyes argues the district court erred by determining that she was not immune from prosecution under Idaho’s overdose immunity law, Idaho Code § 37-2739C(2), based on its findings that she was not suffering from a drug-related … The district court further determined that, although Keyes was clearly under the influence of some controlled substance, she was not experiencing a drug-related emergency.

John Does 11-18 v. Department of Corrections

323 Mich. App. 479 · Michigan Court of Appeals · Mar 27, 2018

Hamed clearly holds that plaintiffs cannot avoid the GTLA by simply alleging a violation of the ELCRA. … Article 3 of the ELCRA only applies to establishments that are “open to the public[.]” See MCL 37.2303.

Grgich v. City of New York

2 A.D.3d 680 · Appellate Division of the Supreme Court of the State of New York · Dec 22, 2003

Further, the evidence in the record does not establish as a matter of law that the defendant’s conduct was protected by qualified immunity (see Cruz v City of New York, 201 AD2d 606 [1994]).

Bryson v. SOLOMON

97 Pa. Commw. 530 · Commonwealth Court of Pennsylvania · May 30, 1986

It clearly states that the Department of Streets shall establish and determine the type and location of traffic controls. … —Every school district transporting school children by school bus shall establish and maintain school bus loading zones at or near all schools to or from which school children are transported and shall establish school bus

Tennyson v. Plum Creek Timber Co.

73 Wash. App. 550 · Court of Appeals of Washington · Apr 4, 1994

There were no warning signs at the site; however, the drop-off was clearly visible from all other directions except the northwest direction from which Tennyson approached. … The "possession and control” requirement clearly indicates a broader, more permanent interest in the land than was present here.

Tillman v. Mastin

216 Ga. App. 3 · Court of Appeals of Georgia · Dec 19, 1994

The police officer was entitled to immunity as a matter of law because “ ‘[t]he rule grants immunity to public employees who perform discretionary acts in a negligent manner. That happened here.’ Logue v. … wantonness, oppression and that entire want of care which raises the presumption of conscious indifference to the consequences’ and 2) in Banks there was testimony from an officer trained in traffic accident investigation qualified

Orellana v. LOUISIANA CITIZENS PROP. INS.

972 So. 2d 1252 · Louisiana Court of Appeal · Dec 5, 2007

In this case, Plaintiff has had to watch his home sustain ongoing damage [2] as a result of Louisiana Citizens' decision to not pay timely insurance payments, which qualifies the case under subsection (1). … R.S. 22:1430.5, captioned "Immunity from liability," states: A.

R.L. Haines Construction, LLC v. Santamaria

161 So. 3d 528 · District Court of Appeal of Florida · Sep 19, 2014

Haines was the decedent’s "statutory employer” entitled to qualified immunity pursuant to sections 440.10 and 440.11, Florida Statutes (2010). . … Haines's contentions that Appellees failed to establish the other elements required by section 440.11(1 )(b)2.

Hardwicke v. American Boychoir

368 N.J. Super. 71 · New Jersey Superior Court Appellate Division · Mar 26, 2004

clearly encompasses the sexually abusive conduct by the school's employees that has been alleged in this case. … Clearly, I would not question that assessment. Neither, if the allegations are established, would I minimize the horror of the vile transgressions assertedly perpetrated upon Mr.

Hill v. Schildmeyer

252 N.E.3d 561 · Ohio Court of Appeals · Aug 28, 2024

fail to establish an exception to his immunity. {¶35} Under R.C. 2744.03(A)(6), government employees are immune from tort liability for actions that fall within the scope of their employment and official responsibilities … In other words, a motion for judgment on the pleadings based on immunity must be granted if “the pleadings, construed in a light most favorable to the plaintiff, conclusively establish the affirmative defense” and the

Sylvan Heights Realty Partners, L.L.C. v. LaGrotta

940 A.2d 585 · Commonwealth Court of Pennsylvania · Jan 2, 2008

Such is clearly not the case here. … Such a clearly definable, controlling issue is not present here.

Bridges v. City of Carenco

982 So. 2d 306 · Louisiana Court of Appeal · Apr 30, 2008

The plaintiffs argue that since "tournament director" is not one of the positions specifically listed in La.R.S. 9:2798, that she does not qualify for immunity under the statute. … The record establishes that after the rain, remedial steps were take to improve the playing surface.