Case law

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.

Baptie v. Bruno

Vermont Superior Court · Aug 3, 2012

Moreover, Defendant McNeil asserts the defense of qualified immunity as a police officer. First the elements of a negligence claim are addressed, followed by an analysis of the qualified immunity defense. … “Good faith exists where an official's acts did not violate clearly established rights of which the official reasonably should have known.” Murray v. White, 155 Vt. 621, 630 (1991).

Domestic Linen Supply & Laundry Co. v. Stone

111 Mich. App. 827 · Michigan Court of Appeals · Dec 16, 1981

Similarly, in Raymond, supra, a budget director reporting to a state administrative board was held to have only a qualified immunity. … Each of the remaining business torts alleged to have been committed requires extraneous proof which plaintiff may, or may not, be able to establish.

Elia Companies LLC v. University of Michigan Regents

Michigan Court of Appeals · Jan 21, 2021

The provision of commercial food establishments is part of that function. … COURT OF CLAIMS NOTICE PROVISIONS “In MCL 600.6431(1) [and (2)], the Legislature has qualified a claimant’s ability to bring a claim against the state by requiring that ‘the claim or notice shall be signed and verified

Kromko v. Arizona Board of Regents

213 Ariz. 607 · Court of Appeals of Arizona · Nov 14, 2006

Thus, the absolute immunity statute clearly differentiates between “the exercise of a judicial or legislative function” and “the exercise of an administrative function” by requiring the latter to “involv[e] the determination … of fundamental governmental policy” in order to qualify for absolute immunity.

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

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

Grant v. Sneed

155 So. 3d 61 · Louisiana Court of Appeal · Nov 19, 2014

This legislation and the jurisprudence interpreting it are clearly adverse to the position being taken by the defendants in this matter. … When a defendant invokes the immunity of a statutory employer under La. R.S. 23:1032, it has the burden of proving this immunity. If La.

Arkin, Simon & Simon Partnership v. Rockaway Crossing, LLC

2025 NY Slip Op 03990 · Appellate Division of the Supreme Court of the State of New York · Jul 2, 2025

"In order for evidence submitted in support of a CPLR 3211(a)(1) motion to qualify as documentary evidence, it must be unambiguous, authentic, and undeniable" ( Bronxville Scout Comm. v County of Westchester , 229 AD3d at … Contrary to the plaintiff's contention, the State established as a matter of law that lot 782 was immune from adverse possession ( see Bronxville Scout Comm. v County of Westchester , 229 AD3d at 755; Filomio Truck Sales,

Merryfield v. Garza

Court of Appeals of Kansas · Feb 9, 2018

Unless the defendant's conduct violated a clearly established constitutional right, the defendant is entitled to qualified immunity. Callahan, 555 U.S. at 232. … Garza, Nelson, and Sullivan violated a clearly established right, no relief is available to them. The district court did not err when it found Dr. Garcia and Nelson had qualified immunity.

Tyberg v. City of New York

2019 NY Slip Op 5177 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 2019

Under the doctrine of qualified immunity, a governmental body may not be held liable for a highway safety planning decision unless its study of the traffic condition is plainly inadequate or there is no reasonable basis for … Here, the City failed to sustain its prima facie burden on the issue of qualified immunity.

Hilburn v. State

226 S.W.3d 859 · Missouri Court of Appeals · Jun 12, 2007

First, Movant expressly claims that the United States and Missouri Constitutions give him immunity from prosecution except upon Indictment. Second, Movant implicitly claims that such immunity is not waivea-ble. … The 1945 Constitution clearly authorizes proceed *862 ing by information. Mo. Const, art I, Section 17.

Younger v. Missouri Public Entity Risk Management Fund

957 S.W.2d 332 · Missouri Court of Appeals · Sep 30, 1997

Section 537.705.1 establishes the terms and conditions for payment of Mo-PERM funds. … Coverage would be mandated by statute, then, if the nurses qualify as officers or employees of the participating public entity on whose behalf they performed their official duties.

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

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.

Gregg v. City of Kansas City

272 S.W.3d 353 · Missouri Court of Appeals · Oct 28, 2008

The City asserted that the two policies clearly did not provide coverage relevant to Plaintiffs’ claims. … The exercise of the Board’s duty to investigate applicants and determine whether they qualify for a license requires the use of professional expertise, training, and judgment.

Enker v. County of Sullivan

2018 NY Slip Op 4621 · Appellate Division of the Supreme Court of the State of New York · Jun 21, 2018

However, a municipality "is afforded a qualified immunity from liability arising out of a highway planning decision. … Therefore, based upon the foregoing testimony and evidence, defendant met its prima facie burden in establishing qualified immunity inasmuch as its safety planning decisions resulted from a deliberative decision-making process

Floyd Rodney Burns v. State of Tennessee

Court of Appeals of Tennessee · Nov 26, 2019

While the common law doctrine of absolute immunity remains the majority rule, we note that other states afford executive officials only a qualified privilege for statements made in the course of their official … Sack,] Sack [on Defamation: Libel, Slander and Related Problems] § 8.2.5 [(4th ed. 2012)] (“A few states deny absolute immunity to public officials altogether and grant a qualified privilege for statements

Durand v. United Dollar Store of Hammond, Inc.

242 So. 2d 635 · Louisiana Court of Appeal · Dec 21, 1970

We believe that the record further clearly indicates that Mr. Brock, after having observed the behavior of Mrs. Simmons, immediately started after her. … In reaching this conclusion the appellate court expressly pretermitted the question of whether the defendant was immune from liability by virtue of Louisiana Code of Criminal Procedure Article 215: "We agree with the trial

Robstown Independent School District v. Jesus Alejandro

Texas Court of Appeals, 13th District · Feb 20, 2025

Only the sovereign’s own consent could qualify the absolute character of that immunity.”). … Local Government Code Chapter 271 Chapter 271, subchapter I of the Texas Local Government Code clearly and unambiguously waives sovereign immunity for certain contract claims against local governmental entities.