Case law

Univ. of Ky. v. Davis

551 S.W.3d 443 · Court of Appeals of Kentucky · Sep 15, 2017

Because of their length of employment with UK, each qualified to participate in UK's long-term disability (LTD) benefits program for its regular full-time employees. … immunity.

John Fox v. Thomas Maguire, William Stern, Terry Williams, John Doe(s)

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.

Brooks v. Daley

2015 IL App (1st) 140392 · Appellate Court of Illinois · May 7, 2015

immunity provided under section 2-201 into sovereign immunity, creating a state where “the king can do no wrong.” … In this way defendants coerced Brooks to resign. ¶ 26 Defendants argue that such conduct is immunized because cases establish that hiring and firing decisions are considered both determinations of policy

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

Langert v. Tenney

5 A.D.2d 586 · Appellate Division of the Supreme Court of the State of New York · May 13, 1958

The essential confusion in the matter is between that of the qualified *588 privilege of the informant (see Pecue v. West, 233 N. … These are generally absolute, both in the sense of providing immunity in tort and in not being affected by the purpose, motive, or basis with which the confidential communication was made.

Reid v. Roberts

112 N.C. App. 222 · Court of Appeals of North Carolina · Oct 5, 1993

A public officer sued individually is normally immune from liability for “mere negligence.” … The immunity afforded to public officers is qualified. A public officer is shielded from liability unless he engaged in discretionary actions which were allegedly: (1) corrupt, Wiggins v. City of Monroe, 73 N.C.

Finch Aerospace Corp. v. City of San Diego

8 Cal. App. 5th 1248 · California Court of Appeal · Feb 24, 2017

Among other arguments, the City asserted it is absolutely immune from liability under section 818.8. … Swift Distribution, Inc. (2014) 59 Cal.4th 277, 294 (Hartford).) 7 not Lancair's leasehold, the statement did not clearly implicate Finch or Finch's property.

Bane v. State of California

208 Cal. App. 3d 860 · California Court of Appeal · Mar 13, 1989

We conclude that although the state established the necessary elements of a design immunity for the 1984 changes at the intersection, the immunity ended before the subject accident occurred because of the state’s failure … The purpose behind the signature requirement is to establish accountability.

Wilson v. Harris County Water Control & Improvement District 21

194 S.W.3d 551 · Texas Court of Appeals, 14th District (Houston) · Jun 8, 2006

IMMUNITY A. Sovereign Immunity In his first two issues, Wilson contends the Water District and Buckner failed to establish as a matter of law that Buckner was performing a discretionary action in good faith. … Ordinarily, to obtain summary judgment on the basis of official immunity, the movant must conclusively establish that the employee in question was: (1) performing discretionary duties; (2) that were within the scope of the

William "Bill" Hays v. William LaForge

Court of Appeals of Mississippi · Jan 11, 2022

Qualified Immunity ¶18. “When analyzing defamation claims, Mississippi courts employ a bifurcated process.” Barmada v. Pridjian, 989 So. 2d 359, 362 (¶9) (Miss. 2008). … In sum, we find that Hays failed to present evidence establishing a genuine issue of material fact that President LaForge spoke with “actual malice” in this case.

Rosacrans v. Kingon

154 Mich. App. 381 · Michigan Court of Appeals · Sep 8, 1986

The trial court granted the motion on governmental immunity grounds and plaintiff appealed arguing, inter alia, that pursuant to Ross governmental immunity was not a defense to a claim of negligent hiring and supervision … However, in order to establish bad faith under Ross , it would seem that based upon the policy of the qualified immunity doctrine a plaintiff would have to establish that the governmental actor engaged in malicious or intentionally

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.

Allen v. Bloomfield Hills School District

281 Mich. App. 49 · Michigan Court of Appeals · Sep 23, 2008

We agree with the trial court that a plaintiff seeking to avoid governmental immunity from tort liability through the motor vehicle exception, MCL 691.1405, must establish a “bodily injury.” … The triad court properly grants a motion for summary disposition under MCR 2.116(C)(7) when the undisputed facts establish that the moving party is entitled to immunity granted by law.

Wright v. Mahoning County Bd. of Comm., 08-Ma-77 (2-5-2009)

2009 Ohio 561 · Ohio Court of Appeals · Feb 5, 2009

The Goad court held that the governmental immunity granted in R.C. 2744.02 (B)(4) for the operation of jails and detention facilities qualifies as a total exemption from liability, regardless of negligence law. … Pursuant to this court's decisions in Padula, Maine , and Ziegler , Wright failed to establish an exception to immunity under R.C. 2744.02 (B)(1)-(5).

Interair Services, Inc. v. Insurance Co. of North America

375 So. 2d 317 · District Court of Appeal of Florida · Jun 27, 1979

We do not find any decision of the appellate courts of Florida allowing the state to hide behind the doctrine of sovereign immunity to avoid its clearly established contractual obligations. … Where the legislature has expressly authorized the counties to own, operate, maintain and contract with respect to airport facilities, we think the waiver of sovereign immunity is clearly and sufficiently implied even if

Williams v. City of Midland

932 S.W.2d 679 · Texas Court of Appeals, 8th District (El Paso) · Oct 10, 1996

This is an issue that is normally a question of fact, but it may become one of law if the facts and circumstances are admitted or clearly established. Caldwell, 888 S.W.2d at 910 , citing Shaw Equipment Co. v. … Consequently, we find the evidence to be undisputed and clearly establishes the City of Midland’s defense of waiver or ratification as a matter of law properly supports the JNOV. Point of Error Two is overruled.

Simpson v. Sumner County

669 S.W.2d 657 · Court of Appeals of Tennessee · Dec 8, 1983

The Act also establishes a detailed notice procedure to insure ample opportunity for investigation and sets a one-year statute of limitation. … The gravamen of that case was clearly “tortious injury” resulting in property damage.

Harris v. State

82 Md. App. 450 · Court of Special Appeals of Maryland · May 1, 1990

It is clearly and unequivocally established that a conspiracy and a substantive crime conspired at are not “the same offense” within the contemplation of double jeopardy law. No merger is required or even permitted. … Its relevance, its competence, and its significance aside, it clearly was rebutting the defense testimony about misidentification.

Texas Department of Health v. Rocha

102 S.W.3d 348 · Texas Court of Appeals, 13th District · Mar 27, 2003

On October 7, 1997, appellants filed a plea to the jurisdiction and special exceptions, asserting that sovereign immunity and qualified immunity barred all claims against TDH and the named TDH employees. … For the trial court to have jurisdiction, the plaintiff who sues the state under state law must establish a waiver of sovereign immunity by: (1) alleging legislative consent to such suit in his petition, either by reference

Villalobos v. Dona Ana Bd. of Cnty. Comm'rs

2014 NMCA 44 · New Mexico Court of Appeals · Jan 30, 2014

{4} Eventually, County Defendants moved for summary judgment based on qualified immunity, as well as Plaintiff’s lack of expert testimony, demonstrating the standard of care required of County Defendants and any breach … The issue of qualified immunity was not appealed. II. DISCUSSION 2 A.