Case law

butler v. doc

Vermont Superior Court · Dec 14, 2023

As to the FTCA, upon which the VTCA is based, Denis Bail Bonds, Inc., 159 Vt. at 485, federal law is clear that establishing a valid waiver of sovereign immunity is needed to establish subject matter jurisdiction. … As with qualified immunity, sovereign immunity “is an immunity from suit rather than a mere defense to liability.” Billado v. Appel, 165 Vt. 482, 498 (1996).

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.

Disappearing Lakes Ass'n v. Department of Natural Resources

121 Mich. App. 61 · Michigan Court of Appeals · Nov 3, 1982

One was that the complaint failed to plead facts establishing negligence, nuisance, or violation of any statute. … He found the plaintiffs had not pled facts sufficient to establish the nuisance exception to the doctrine of governmental immunity. This appeal followed. We look at the complaint against the state and its department.

Montanez v. State

24 So. 3d 799 · District Court of Appeal of Florida · Jan 6, 2010

Yet even assuming Montanez did establish irreparable harm that could not be remedied on postjudgment appeal, he has not established that the trial court departed from the essential requirements of the law. … There must be a violation of a clearly established principle of law resulting in a miscarriage of justice.” Housing Auth. of Tampa v. Burton, 874 So.2d 6, 8 (Fla. 2d DCA 2004) (citing Ivey v. Allstate Ins.

Kreutzer v. Aldo Leopold High School

2018 NMCA 5 · New Mexico Court of Appeals · Aug 7, 2017

{48} Relatedly, a showing that the facts support a negligence claim does not necessarily establish a waiver of TCA immunity. See Milliron v. … As a matter of law, Plaintiffs have not established that Section 41-4-6(A) waives immunity for their claim against ALHS based on Encinias. c.

Cohen-Ager, Inc. v. State

12 Fla. L. Weekly 836 · District Court of Appeal of Florida · Mar 24, 1987

Here the record reveals no similar facts that would qualify as a resulting trust. … Where a political subdivision of the state is immune from taxation the non-immune party to the transaction is still liable for the tax. See Rule 12B-402(3)(a), Florida Administrative Code.

Gintert v. Wci Steel, Inc., 2002-T-0124 (12-14-2007)

2007 Ohio 6737 · Ohio Court of Appeals · Dec 14, 2007

If the requirements for the qualified privilege are established, then the burden falls on the plaintiff to show by clear and convincing evidence that the statements were made with actual malice, i.e., that the statements … privilege, as they were made on a matter of common interest as part of the grievance procedure established between WCI and the steelworkers' union.

Pope v. Barbre

172 Md. App. 391 · Court of Special Appeals of Maryland · Jan 25, 2007

The MTCA also clearly provides that a State employee acting within his or her scope of employment and without malice or gross negligence is immune from suit. … The legislature clearly could not have intended such a result.

In re the Second Additional Grand Jury

10 A.D.2d 425 · Appellate Division of the Supreme Court of the State of New York · May 9, 1960

Y. 251, 259 , supra), and in order to establish willful misconduct it is necessary to show that the witness or prospective defendant had knowledge of the fact that immunity had been conferred upon him. … There is good authority for the proposition that before a witness or prospective defendant may be adjudged in criminal contempt, it must be established that he was advised *437 of the fact that full immunity had actually

State v. Wilson

185 N.E.3d 176 · Ohio Court of Appeals · Feb 22, 2022

“The Ohio Supreme Court has clearly held that police officers may qualify as expert witnesses where they possess specialized knowledge that will assist the fact-finder.” State v. … Doc. 360. {¶146} The materials in the record clearly establish that the trial court considered the purposes and principles of felony sentencing in R.C. 2929.11 in addition to the relevant statutory factors listed

Coyne v. State

366 N.J. Super. 578 · New Jersey Superior Court Appellate Division · Feb 19, 2004

In other words, DOT employees were implementing the immunized procedure established in the manual. … Whether those charged with implementing the discretionary standards established in the safety manual made choices that qualify for immunity cannot be determined without further development of the facts.

Texas Veterans Commission v. Armando Lazarin, Jose Vallejo and Robert Muse

Texas Court of Appeals, 13th District · Jun 8, 2015

Code § 21.051 (West) Plaintiffs establish an age discrimination prima facie case by showing that (1) Plaintiffs were a member of the protected class, (2) qualified for the job, (3) discharged from their position. … [C.R. 273, 283, 293 (PX-6)] Clearly, Appellees sufficiently alleged the legal and factual basis of their entitlement that the Trial Court has jurisdiction over their claims. a.

Salyers v. Burkhart

47 Ohio App. 2d 90 · Ohio Court of Appeals · Sep 19, 1974

That case did deal with the question of governmental immunity as it affects individual office holders which the court determines have a qualified immunity in an action under 42 U. S. … The complaint in the present case, therefore, does not on its face affirmatively establish that no set of facts warranting recovery can be ultimately established by the evidence.

Matts v. Homsi

106 Mich. App. 563 · Michigan Court of Appeals · May 20, 1981

The testimony adduced by plaintiff indicated that defendant clearly had certain hospital responsibilities. … Plaintiff also contends that defendant should not have been afforded partial immunity since there was a doctor-patient relationship established prior to the advent of the emergency.

In Re Cs

214 S.W.3d 465 · Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2006

Based on the adoption subsidy, the Stewarts do not meet the financial requirements to qualify as an adoptive placement for the children. … However, all of the cases cited by the ad litem rely on the following unique provision of the Texas Constitution: "it shall be the duty of the Legislature of the State to establish and make suitable provision for the support

Rodriguez v. Perez

99 Wash. App. 439 · Court of Appeals of Washington · Feb 22, 2000

Moreover, permitting negligence actions against law enforcement officials does not leave them without statutory and common law qualified immunity. … That clearly refers to a prosecutorial function. In short, whether the prosecuting attorney is entitled to immunity for acts taken pursuant to RCW 26.44 is resolved by traditional immunity analysis.

420 Caregivers v. City of LA

California Court of Appeal · Sep 25, 2013

The individuals to whom this immunity applies are expanded beyond the patients and primary caregivers protected by the predecessor CUA: the MMPA grants immunity to (1) qualified patients, persons with identification cards … The Legislature‟s specific inclusion of “establishment” in both the amendment to Health and Safety Code section 11362.83 and new section 11362.768 is not insignificant: the plain meaning of “establishment” clearly expresses

Toney C. McKuhen v. Transformhealthrx, Inc.

338 Ga. App. 354 · Court of Appeals of Georgia · Jul 15, 2016

In this case, the trial court concluded that these defendants were entitled to qualified immunity. … “Government officials, including [jail personnel], are entitled to immunity from personal liability under 42 USC § 1983 if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Veeneman v. State of Michigan

143 Mich. App. 694 · Michigan Court of Appeals · Jun 19, 1985

to the governmental immunity act.” … The activity is clearly not proprietary in nature and does not come within any of the statutory exceptions to governmental immunity.

El Paso County Juvenile Board and El Paso County v. Violeta Mena

Texas Court of Appeals, 8th District (El Paso) · Nov 17, 2025

In a Whistleblower Act suit, the employee bears the burden of proving this claim and is required to “allege jurisdictional facts giving rise to an actual violation of the Act to qualify for the statutory waiver of immunity … Therefore, the Act does not waive the County’s immunity from suit.