Case law

Jinkins v. Lee

Appellate Court of Illinois · Feb 5, 2003

common law doctrine of public officials' immunity. … Further, it is well established that public officials' immunity does not apply to every discretionary act by an official but rather only to those acts which are unique to the particular public office.

Sgaraglino v. County of Ventura

California Court of Appeal · Jun 9, 2026

Respondent also showed that after the expiration of the 72-hour period, Anthony did not qualify for an additional hold under section 5250. As a result, he was discharged. … Since appellants failed to dispute this fact by filing their own separate statement, it is deemed established and they cannot now attack the validity of the release decision. In any event, Dr.

Christianson v. State of Oregon

239 Or. App. 451 · Court of Appeals of Oregon · Dec 15, 2010

And finally, the lower court’s ruling that granted summary judgment on the basis of qualified immunity is unnecessary in light of our conclusion that, on the facts in the record, absolute immunity applies. … alleges facts that are sufficient to establish the defense.

Purvis v. Commissioner of Correction

29 Mass. App. Ct. 190 · Massachusetts Appeals Court · Aug 28, 1990

With respect to the Department’s claim of qualified immunity, under the applicable standard in these circumstances the governmental officials would be “shielded from liability for civil damages” if, at the time of the challenged … actions, “their conduct [did] not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Commonwealth v. Wibner

73 Pa. Super. 349 · Superior Court of Pennsylvania · Feb 28, 1920

The controlling facts as determined on the trial are as follows: The relation between the defendant and the prosecutrix was clearly established and resulted in the birth of a child May 27, 1917. … The identity of the child was clearly established.

Harrell v. Louis Smith Memorial Hospital

197 Ga. App. 189 · Court of Appeals of Georgia · Oct 5, 1990

In any event, we will review this case using well-established principles of law pertaining to summary judgment. See Division 2 (b), below. 2. … Thus, the doctrine of charitable immunity would not extend to any negligence of the appellee hospital, assuming it qualifies as a charitable entity, in failing to provide a sufficient number of competent and adequately instructed

Begier v. Strom

46 Cal. App. 4th 877 · California Court of Appeal · Jun 19, 1996

App.4th at pages 616-617, the court cited a string of precedent cases holding that a communication designed to initiate a criminal prosecution qualifies for immunity as a publication "in any other official proceeding authorized … However, only qualified immunity is granted to persons who are not statutorily obligated to make a report: "Any other person reporting a known or suspected instance of child abuse shall not incur civil or criminal liability

State ex rel. Kirksville Missouri Hospital Co. v. Jaynes

328 S.W.3d 418 · Missouri Court of Appeals · Nov 9, 2010

NERMC has not met its burden to establish that Dr. Flood’s report is immune from discovery pursuant to either the first or second sentence of section 537.035.4. … Though the court observed that section 537.035.3 provides qualified immunity for individuals "if their negligence in granting staff privileges derives from their good faith reliance on a peer review committee’s recommendation

the City of Madisonville v. Theresa Murders and Martina Maldonado

Texas Court of Appeals, 10th District (Waco) · Apr 17, 2014

When dealing with these immunities, the Legislature has been required to express its intent to waive immunity clearly and unambiguously. Id. (citing Univ. of Tex. Med. Branch at Galveston v. … Second, nuisance liability arises only when governmental immunity is clearly and unambiguously waived. City of Dallas v. Jennings, 142 S.W.3d 310, 316 (Tex. 2004).

City of Dallas, Mayor Eric Johnson in His Official Capacity, and City Council Members Chad West, Casey Thomas, Carolyn Arnold v. Gadberry Construction Company, Inc.

Texas Court of Appeals, 5th District (Dallas) · Jul 11, 2023

The City maintains that Gadberry did not establish a waiver of immunity for its claim under chapter 252 of the Texas Local Government Code. … GADBERRY DID NOT ESTABLISH A WAIVER OF IMMUNITY UNDER CHAPTER 252 The question is what facts must a plaintiff plead to establish a waiver of governmental immunity under chapter 252.

Pack v. Arkansas Valley Correctional Facility

19 Brief Times Rptr. 24 · Colorado Court of Appeals · Jan 12, 1995

Although the DOC has established and is maintaining a visitors’ parking lot, such function merely is ancillary to the purpose of the correctional facility. … The federal statute upon which plaintiff relies, 42 U.S.C. § 12132 (1994) provides, in pertinent part, that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in

City of Monahans v. Southwestern Bell Telephone Company D/B/A AT&T Texas

Texas Court of Appeals, 8th District (El Paso) · Nov 22, 2022

Controlling law As a political subdivision of the State of Texas, the City is generally immune from suits for money damages unless immunity has been clearly and unambiguously waived by statute. Worsdale v. … Courts have held that a motor-driven backhoe qualifies as “motor- driven equipment” allowing for the application of the limited exception to immunity provided by the TTCA. See City of Houston v. Sw. Bell Tel.

Buzulis v. Mohegan Sun Casino

69 Mass. App. Ct. 708 · Massachusetts Appeals Court · Aug 9, 2007

App. 110, 115-117 (2004) (although Indian tribe qualified for sovereign immunity, defendant it hired as independent contractor did not). Cf. Vertentes v. … The casino enjoys sovereign immunity and the suit against it was rightly dismissed. The proper forum for suit to be brought was the Gaming Disputes Court, within the applicable period established by the Mohegan Tribe.

Sloan Construction Co. v. Southco Grassing, Inc.

368 S.C. 523 · Court of Appeals of South Carolina · Apr 24, 2006

Amwest Surety Insurance Company (“Am-west Surety”), a company qualified and licensed for surety authority by the South Carolina Department of Insurance with an A-rating from the A.M. Best Company, issued the bond. … no waiver of sovereign immunity.”); Devlin Lumber & Supply Corp. v.

Leach v. TEXAS TECH UNIVERSITY

335 S.W.3d 386 · Texas Court of Appeals, 7th District (Amarillo) · Jan 20, 2011

Univ., supra (wherein the court clearly held that executing a contract waives immunity from liability). … (Vernon 2004) are not barred by sovereign immunity. Id. § 554.0035. Nonetheless, to enjoy that freedom to sue, the complainant must plead facts establishing jurisdiction.

Torres v. City of Perth Amboy

329 N.J. Super. 404 · New Jersey Superior Court Appellate Division · Apr 3, 2000

To pierce section 3-3's qualified immunity, a plaintiff must prove more than ordinary negligence. See id. at 294 , 473 A. 2d 554 (stating that recklessness usually denies good faith). [ Id. at 365 , 676 A. 2d 1083 .] … The record before us does not establish that Montalvo was engaged in a pursuit of a fleeing person and, therefore, summary judgment should not have been granted on the basis of section 2b(2) immunity. [2] We reverse and remand

State v. Operating Contractors

985 S.W.2d 646 · Texas Court of Appeals, 3rd District (Austin) · Mar 18, 1999

sovereign immunity. … Prior to 1990, Texas had a decentralized emissions testing program; any qualified auto repair shop or gas station could perform emissions testing. 4 .

Dean v. Childs

684 N.W.2d 894 · Michigan Court of Appeals · Jul 21, 2004

involved `clearly established constitutional rights of which a reasonable person would have known.'" [11] If no constitutional violation occurred, the defendant has qualified immunity from liability. [12] "Qualified immunity … Childs claims common-law immunity under the public duty doctrine.

Henebema v. South Jersey Transportation Authority

430 N.J. Super. 485 · New Jersey Superior Court Appellate Division · Apr 1, 2013

City of Minneapolis, 707 N.W.2d 669, 675 (Minn.2006) (stating that “in the context of qualified immunity, a case should be submitted to the jury when the facts giving rise to the applicability of qualified immunity were * … “there is a genuine dispute concerning predicate facts material to the qualified immunity issue, there can be no summary judgment.”

Fantasma v. Kansas City

913 S.W.2d 388 · Missouri Court of Appeals · Jan 16, 1996

A statute is presumed constitutional and must not be held otherwise unless “clearly and undoubtedly” contravening the Constitution. Winston v. Reorganized School Dist., 636 S.W.2d 324, 327 (Mo. banc 1982). … According to appellants, because § 84.420 recognizes eleven instances in which immunity may be waived, while § 537.600 only provides two, the two statutes “are clearly inconsistent.”