Case law

College of the Mainland v. Bruce Glover

436 S.W.3d 384 · Texas Court of Appeals, 14th District (Houston) · Jun 5, 2014

Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (“Garcia I”) (holding that “the TCHRA clearly and unambiguously waives immunity”). … There is no dispute that Glover was qualified for his job and that, as a male, he is a member of a protected class.

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.

City of Houston v. Edwin Stephens, Eric Stephens, Individually, and as Next Friend of L.S., a Minor

Texas Court of Appeals, 1st District (Houston) · Nov 25, 2025

(“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 … Appellees argue that their live pleading establishes a waiver of governmental immunity and “overcomes the emergency or 9-1-1 exception.” A.

Spectrum System International Corp. v. Chemical Bank

157 A.D.2d 444 · Appellate Division of the Supreme Court of the State of New York · Jun 7, 1990

"Multi-motived reports do not warrant the immunity if litigation is but one the motives” (Siegel, NY Prac § 348, at 430). … In order to qualify as "litigation” material under CPLR 3101 (d), the document must have been prepared primarily if not solely for litigation (ibid).

Hinson v. Holt

776 So. 2d 804 · Court of Civil Appeals of Alabama · Nov 20, 1998

However, the Alabama Supreme Court has recognized a qualified privilege for an educator's discipline of a student. In Suits v. … More recently, in Mitchell, foster parents (who, like the schoolmaster in Suits, are not legal parents, but act in loco parentis) were held to be entitled only to a "qualified form" of parental immunity from actions by their

Komlosi v. Cuomo

99 A.D.3d 458 · Appellate Division of the Supreme Court of the State of New York · Oct 9, 2012

The jury was then instructed about Fudenberg’s affirmative defense of qualified immunity. … It concerns whether Fudenberg was protected by a qualified immunity.

Ware v. The City of Chicago

375 Ill. App. 3d 574 · Appellate Court of Illinois · Aug 1, 2007

customary construction practices; c. supervise inspectors to ensure identification of Building Code violations or deviation from ordinary and customary construction practices; d. employ qualified … It is well established that the Tort Immunity Act does not impose new duties on a public entity; rather, it merely confers immunities and defenses.

Priore v. Haig

196 Conn. App. 675 · Connecticut Appellate Court · Mar 31, 2020

The first statement—that the defendant believed that the plaintiff was not trustworthy—clearly is probative of whether the plaintiff should be believed. … The present case clearly is distinguishable from Hayes Family Ltd. Part- nership.

Gray Insurance v. St. Charles General Hospital

96 La.App. 1 Cir. 1637 · Louisiana Court of Appeal · Jun 20, 1997

of the Office of Workers’ Compensation (OWC) to adopt rules and regulations necessary to establish and implement such a schedule. … Charles’s $27,171.85 bill averaged $5,434.37 per day, clearly more than 1.75 times the applicable per diem rate. It was thus appealable. In order to qualify for 85% reimbursement, however, St.

Trim v. YMCA of Central Maryland, Inc.

233 Md. App. 326 · Court of Special Appeals of Maryland · Jul 25, 2017

Vol.), § 13-517 of the Education Article establishes a public access program for AEDs in this State. … Did the circuit court err in determining that the YMCA and its employees were immune from civil liability under § 13-517 of the Education Article? 3.

Sell v. THOMPSON & COSTES, LTD.

163 Wis. 2d 765 · Court of Appeals of Wisconsin · Jun 12, 1991

Moreover, we conclude that the county is immune from liability because a sheriff has absolute immunity when executing judicial orders. In Ford v. … Converse, 111 Wis. 2d 418, 429 , 331 N.W.2d 350, 356 (1983) (holding that such a qualified immunity applies when an attorney pursues, in good faith, his or her client's interests on a matter fairly debatable in the law).

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

Freeze Right Refrigeration & Air Conditioning Services, Inc. v. City of New York

101 A.D.2d 175 · Appellate Division of the Supreme Court of the State of New York · Apr 24, 1984

The municipal defendants also established that this error was not discovered until after the issuance of the Department’s press release and publication of the Times’ article. … In addition, for the first time, they moved on the basis of a constitutionally based qualified privilege.

State v. Vineyard

106 N.E.3d 780 · Ohio Court of Appeals · Feb 26, 2018

However, the statute establishes criteria which must be satisfied if a person is to enjoy the immunity it provides. … Applying the statute to offenses occurring prior to its effective date might also entitle those who are otherwise "qualified individuals" to the vacation of their convictions.

Bailey v. State

191 P.3d 1285 · Court of Appeals of Washington · Sep 18, 2008

She points out that there is support for early dismissal review in qualified and absolute immunity cases. See e.g., Robinson v. … City of Seattle, 119 Wash.2d 34, 65 , 830 P.2d 318 (1992) (qualified immunity granted in 42 U.S.C. § 1983 cases requires that insubstantial claims must be resolved quickly); Taggart v.

Texas Health and Human Services Commission v. Susana Lopez

Texas Court of Appeals, 8th District (El Paso) · Feb 2, 2026

HHSC’s plea to the jurisdiction In response to the suit, HHSC filed a plea to the jurisdiction, arguing that Lopez failed to establish a violation of the TCHRA sufficient to invoke waiver of sovereign immunity … The TCHRA, “clearly and unambiguously waives immunity” for governmental employers, but the waiver applies “only for those suits where the plaintiff actually alleges a violation of the TCHRA by pleading facts that state

Smith v. Town of Estes Park

944 P.2d 571 · Colorado Court of Appeals · Dec 27, 1996

For the purposes of this subsection (1), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period of time and was of such a nature that, in the exercise of … Appellate review of that determination is based upon the highly deferential, clearly erroneous standard. Trinity Broadcasting of Denver, Inc. v. City of Westminster, 848 P.2d 916 (Colo.1993).

Consolidated Accessories Corp. v. Franchise Tax Board

161 Cal. App. 3d 1036 · California Court of Appeal · Nov 19, 1984

” exceeding the limitations for immunity under Public Law Number 86-272. *1042 We disagree. … Consolidated has failed to affirmatively establish that it was immune from taxation under Public Law Number 86-272.

Lowrey 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.

Rothermel v. Commonwealth, Department of Transportation

672 A.2d 837 · Commonwealth Court of Pennsylvania · Mar 6, 1996

Initially, we note that summary judgment is only appropriate when, after examining the record, there is no genuine issue of material fact and the movant clearly establishes its entitlement to judgment as a matter of law. … Because Administrators have failed to establish a causal connection between the decedents’ accident and the condition of the property within DOT’s control, the real estate exception to state sovereign immunity, 42 Pa.C.S.