Case 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).

People v. Cooke

16 Cal. App. 4th 1361 · California Court of Appeal · Jun 29, 1993

Smith, supra, 615 F.2d 964, 972 ): “ ‘[T]he opportunities for judicial use of this immunity power must be clearly limited; ... the proffered testimony must be clearly exculpatory; the testimony must be essential; and there … question we do not decide—the record establishes that the circumstances were not appropriate here . . .

Paris Ex Rel. Paris v. Dance

194 P.3d 404 · Colorado Court of Appeals · Feb 21, 2008

Parental Immunity Does Not Bar Designation as Nonparty Under Section 18-21-111.5 Colorado has adopted the qualified parental immunity doctrine, which provides that a child is barred from suing a parent for simple negligence … It does not undermine the policy of qualified parental immunity to forbid the allocation of financial responsibility for the otherwise nonrecoverable negligence of that parent to another defendant.

Ramcharitar v. Derosins

35 So. 3d 94 · District Court of Appeal of Florida · May 12, 2010

Kolb, 543 So.2d 732 (Fla.1989) (subsequent legislatures, in the guise of “clarification” cannot nullify retroactively what a prior legislature clearly intended). State Farm Mut. Auto. Ins. Co. v. … Consequently, a subsequent enactment could not impair the substantive rights of the parties established by this contractual relationship.” Id. (quoting Sullivan v.

in the Interest of C. S. and I. P.

Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

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

Breaux v. Jefferson Davis Sheriff's Department

689 So. 2d 615 · Louisiana Court of Appeal · Feb 5, 1997

. *616 Defendants answered denying plaintiffs’ allegations and asserting the defense of qualified immunity. … Plaintiffs filed a motion for summary judgment contending that as a matter of law, the qualified immunity defense should be stricken since the arrest was illegal. Defendants filed a cross motion for summary judgment.

Li v. Wong

170 Mich. App. 256 · Michigan Court of Appeals · Jul 19, 1988

While the three-justice plurality led by Justice Brickley clearly holds that there is no intentional nuisance exception to governmental immunity, 1 we do not believe that the opinions of the concurring justices can be read … That opinion clearly indicates that Justice Archer believes that intentional nuisance should remain an exception to governmental immunity, stating that he "would hold that trespass, nuisance, and intentional nuisance, as

Wyse v. Department of Public Safety

733 S.W.2d 224 · Texas Court of Appeals, 10th District (Waco) · Oct 30, 1986

The Supreme Court stated: “Where an official’s duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served by action taken ‘with independence and without … To be entitled to a summary judgment on the affirmative defense of official immunity, Appellees Mitchell, Ray, Dent and Button had to establish as a matter of law that their positions as government officials had a quasi-judicial

Arkansas Elder Outreach of Little Rock, Inc. v. Thompson

2012 Ark. App. 681 · Court of Appeals of Arkansas · Dec 5, 2012

|RIn this case, the third, fourth, and fifth factors are clearly the most relevant. … As we explained in Watkins, what is reasonable is usually a question of fact, and it was AEO’s burden to establish its entitlement to charitable-immunity status.

Bender v. Bender

57 Md. App. 593 · Court of Special Appeals of Maryland · Mar 6, 1984

Interspousal Immunity Throughout the proceeding, Penelope Bender relied upon the doctrine of interspousal immunity as a defense to her husband’s suit to recover the money. … , preferring a case by case approach, it clearly paves the way for such actions involving intentional infliction of personal *601 injury.

Welsh v. Metropolitan Dade Cty.

366 So. 2d 518 · District Court of Appeal of Florida · Jan 23, 1979

I The first issue presented for review is whether the complaint herein was barred by the doctrine of sovereign immunity. Clearly, it was not. … This clearly means that the plaintiff must still plead and prove a recognized cause of action against the county under the state's established principles of tort law in order to recover.

Belaal Khan v. Cynthia McAlister, in her personal and individual capacity

Court of Appeals of Virginia · May 5, 2026

Examining the text and statutory context, we conclude the General Assembly intended only to establish respondeat superior liability. … -5- immunity.

Wilson v. County of San Joaquin

California Court of Appeal · Jul 30, 2019

Reversing the trial court’s decision, the Court of Appeal first noted it was required to interpret section 850.4 to allow for liability unless “the Legislature has clearly intended immunity.” … To 12 that end, a qualified immunity from liability shall be provided for public entities and emergency rescue personnel providing emergency services.” (Health & Saf.

Lacey v. Village of Palatine

379 Ill. App. 3d 62 · Appellate Court of Illinois · Feb 4, 2008

The court determined that the limited immunity in section 305 of the Domestic Violence Act clearly works in concert with the requirements in section 304: “section 304 creates duties; section 305 limits civil liability for … Defendants had the burden of proof in establishing their immunity. Van Meter, 207 Ill. 2d at 370 . They failed to do so.

Clark v. Brown

99 N.C. App. 255 · Court of Appeals of North Carolina · Jul 3, 1990

The issues presented are whether summary judgment for defendant was appropriate, based on (I) defendant’s affirmative defense of qualified immunity for libel and slander and (II) plaintiff’s failure to show a material issue … Defendant’s firing of a governmental employee was clearly the ‘official act of a public man.’

Charles Philip Marsh v. Brad Livingston, Margaret Birdwell, Anthony Collins, Rodolfo Diaz, Leonard Ellis, Walton Howard Brenda Juarez, Norman McClure, Shirley Nunn, William Pendergraff, Fernater Smith, Lawrence Stoker, Larry Turner, R.M. Sandoval and Sergeant Jackson

Texas Court of Appeals, 14th District (Houston) · Apr 22, 2010

Additionally, the appellees contend they qualify for both official immunity under state law and qualified immunity under federal law. … for official immunity under Texas law; (5) the appellees are entitled to qualified immunity under federal law; and (6) there was no evidence to support any of Marsh’s claims.

Pratt v. State

408 So. 2d 336 · Louisiana Court of Appeal · Dec 16, 1981

The agreement also provides for the establishment of an advisory committee, `in order to insure the effective operation of the reservoir and recreational area.' … [LSA-R.S.] 9:2795 is not designed to re-establish immunity on the basis of a sovereign status.

The City of Houston v. Jorge Hernandez

Texas Court of Appeals, 1st District (Houston) · Aug 15, 2024

In the motion, the City stated that Hernandez “ha[d] the burden to plead facts” demonstrating that the TTCA “clearly and unequivocally waive[d] Houston’s immunity from suit.” … To establish the trial court’s jurisdiction, a TTCA plaintiff must (1) satisfy the statutory provisions, such as section 101.021(1), “that clearly waive immunity” and (2) “expressly negate” any statutory exceptions “plausibly

Dutton v. WASH. PHYSICIANS HEALTH PROG.

943 P.2d 298 · Court of Appeals of Washington · Sep 2, 1997

III Qualified Immunity of the Program Dr. … It is particularly important that good faith (or its absence) in this qualified immunity situation be determined promptly. As our Supreme Court observed in Robinson v.

Lang v. Lions Club of Cudahy Wis., Inc.

384 Wis. 2d 520 · Court of Appeals of Wisconsin · Oct 23, 2018

the land. 3 In Leu , this court concluded that two nonprofit snowmobile groups were occupiers of the property such that they qualified as "owners" for purposes of WIS. … The court focused on two questions to answer whether the contractor had been an "agent" of the owner for purposes of qualifying for recreational immunity. Id. , ¶ 37.