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Monaghan v. Holy Trinity Church
275 N.J. Super. 594 · New Jersey Superior Court Appellate Division · Sep 14, 1994
that the Legislature clearly made available to the parish. … This statutorily established public policy is consistent with the Legislature's expressed intent in N.J.S.A. 2A:53A-10 that the immunity granted by the Act is to be liberally construed so as to afford immunity to the greatest
Cited 31 timesPublishedCalifornia Court of Appeal · May 28, 2015
The IGRA requires a tribe’s gaming ordinance to establish a licensing system for all “primary management officials and key employees of the gaming enterprise.” … The Court of Appeal reversed, concluding the record failed to establish the defendants qualified as tribal officials or acted within the scope of their official authority.
Cited 0 timesPublishedNew Jersey Superior Court Appellate Division · Aug 17, 2021
In addition, the record clearly establishes that a safe alternative route existed for westbound drivers to access WaWa's driveway entrances. … , even though other antecedent or surrounding conduct might constitute acts or action that would otherwise be subject to the qualified immunity."
Cited 0 timesPublished2020 IL App (1st) 190904 · Appellate Court of Illinois · Sep 9, 2020
Act and the qualified-immunity provision of the Adult Protective Services Act. ¶ 21 Plaintiffs timely appealed … Currie, 148 Ill. 2d at 158. ¶ 28 Plaintiffs do not deny that defendants here would qualify as State actors who ordinarily would be entitled to sovereign immunity. And rightly so. In Toth v.
Cited 1 timesPublishedBarnes v. Chicago Housing Authority
Appellate Court of Illinois · Dec 3, 2001
Specifically, section 1437r of the Housing Act provides: "A resident management corporation that qualifies under this section * * * shall enter into a contract with the public housing agency establishing the respective management … "The party who challenges a statute's constitutionality bears the heavy burden of clearly establishing the violation alleged." Rose v. Pucinski , 321 Ill. App. 3d 92, 96 (2001).
Cited 0 timesPublished978 N.E.2d 429 · Indiana Court of Appeals · Oct 17, 2012
All of the actions complained of by the Family were only indirectly, at best, related to any court order or instruction, and were not sufficiently intertwined with the judicial process to qualify for quasi-judicial immunity … To establish standing, a plaintiff must demonstrate a personal stake in the outcome of the lawsuit and that the injury is a result of the defendant’s conduct. Id. at 339-40 .
Cited 10 timesPublishedIndiana Court of Appeals · Jun 24, 2015
Court of Appeals of Indiana | Opinion 49A02-1407-MI-519 | June 24, 2015 Page 5 of 24 together to watch, and bet on, horseracing—was required to hold such a license by April 12, 2012, to qualify … A judgment on the pleadings is proper only when there are no genuine issues of material fact and when the facts shown by the pleadings clearly establish that the non-moving party cannot in any way succeed
Cited 0 timesPublished40 Md. App. 393 · Court of Special Appeals of Maryland · Oct 13, 1978
The only issue is whether the appellee is entitled to the protection of governmental immunity. … Accordingly, he is protected by a qualified immunity against civil liability for non-malicious acts performed within the scope of his authority. Carder v. Steiner, 225 Md. 271 , 170 A. 2d 220 (1961); Clark v.
Cited 10 timesPublished489 S.W.3d 515 · Court of Appeals of Texas · Feb 11, 2016
The burden is on the plaintiff to establish subject-matter jurisdiction by showing that the entity has waived immunity from suit. Tex. Ass’n of Bus. v. Tex. … Section 271.152 of the Local Government Code waives a qualifying local governmental entity’s immunity from suit for written contracts “stating the essential terms of the agreement for providing goods or services to the
Cited 9 timesPublishedRebecca Amador v. the City of Irving, Texas
Texas Court of Appeals, 5th District (Dallas) · Mar 20, 2020
Accordingly, we must determine whether Amador met her pleading burden to establish a legislative waiver of governmental immunity. … (“The DTPA does not clearly and unambiguously provide for a waiver of immunity from suit for governmental units.”). 8 See CIV.
Cited 0 timesPublishedUniversity of Texas Health Science Center at San Antonio v. Stevens
330 S.W.3d 335 · Texas Court of Appeals, 4th District (San Antonio) · Aug 31, 2010
Notice Requirements of Section 101.101 Under the doctrine of sovereign immunity, a unit of state government, such as UTHSC, is immune from suit and liability unless the State consents to waive its immunity. 4 See Dallas Area … We first address UTHSC’s complaint that it established conclusively that it did not receive actual notice of Stevens’ claims. *339 C. Subjective Awareness In Cathey v.
Cited 33 timesPublishedKenneth Hickman-Bey v. Akbar Shabazz
Texas Court of Appeals, 13th District · Oct 6, 2011
immunity; and Hickman-Bey was entitled to a declaratory judgment. … Immunity By Hickman-Bey’s sixth issue, he urges that appellee Shabazz is not entitled to qualified immunity because Shabazz violated his first amendment right of the free exercise of religion.
Cited 0 timesPublishedSgaraglino 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.
Cited 0 timesPublishedAlbert E. Love v. Fulton County Board of Tax Assessors
821 S.E.2d 575 · Court of Appeals of Georgia · Dec 3, 2018
The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … In any event, sovereign immunity clearly barred the plaintiffs’ declaratory and injunctive relief claims against the Tax Board and other defendants in their official capacities. See Lathrop v.
Cited 14 timesPublishedTexas 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.
Cited 0 timesPublishedTexas Parks and Wildlife Department v. Nancy Gallacher
Texas Court of Appeals, 3rd District (Austin) · Mar 4, 2015
To establish a prima facie case of failure to accommodate her disability, Gallacher had to show that (1) she is a qualified individual with a disability, (2) the disability and its consequential limitations were known … Because Gallacher did not show that she was a “qualified individual with a disability,” she did not establish a prima facie case for her disability-based claims under the TCHRA, and there is no waiver of sovereign immunity
Cited 0 timesPublished126 Conn. App. 788 · Connecticut Appellate Court · Mar 1, 2011
Generally, a municipal employee is liable for the misperformance of ministerial acts, but has a qualified immunity in the performance of governmental acts. . . . … The plaintiff argues that on the basis of such testimony, the jury’s findings were clearly contrary to the evidence. We disagree.
Cited 18 timesPublishedLowrey v. University of Texas Medical Branch
837 S.W.2d 171 · Texas Court of Appeals, 8th District (El Paso) · Aug 26, 1992
Thus, we find defendants have established that plaintiff Lowery’s termination was within the scope of their official duties, and they are, therefore, entitled to the same immunity as that possessed by the *177 State on the … This is particularly true because plaintiffs alleging Section 1983 violations must specifically allege exactly what rights, under clearly established law, defendants violated.
Cited 21 timesPublishedBellamy v. City and County of Honolulu
Hawaii Intermediate Court of Appeals · Nov 24, 2025
HPD did not argue they were entitled to qualified immunity; there is a genuine issue of material fact about whether qualified privilege applies. … The record does not show that the Circuit Court's decision to grant summary judgment was based on the doctrine of qualified immunity.
Cited 0 timesPublishedCarnell v. Arkansas Elder Outreach of Little Rock, Inc.
2012 Ark. App. 698 · Court of Appeals of Arkansas · Dec 12, 2012
In 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.
Cited 6 timesPublished
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