Case law

Sigurdson v. Isanti County

363 N.W.2d 476 · Court of Appeals of Minnesota · May 1, 1985

He was clearly the best qualified candidate for the job. Shortly thereafter, in August 1981, Men-nenga considered recommending Sigurdson for reclassification as a Deputy Assessor. … The mere fact that she filed a grievance and a complaint under the Minnesota Human Rights Act did not make her immune from the duty to observe office rules and practices. III.

Greene County School District v. Circle Y Construction, Inc.

308 Ga. App. 837 · Court of Appeals of Georgia · Mar 28, 2011

The Georgia Constitution provides that no political subdivision of the state “shall incur any new debt without the assent of a majority of the qualified voters voting in an election held for that purpose as provided by law … It argues that the claim was barred by the doctrine of sovereign immunity. The Georgia Constitution of 1983, Art. I, Sec. II, Par.

Miguel v. Guess

112 Wash. App. 536 · Court of Appeals of Washington · Jul 18, 2002

He cites Bator for the proposition that “[q]ualified immunity protects state officials from section 1983 liability if their conduct does not violate ‘clearly established statutory or constitutional rights of which a reasonable … However, Bator held that no qualified immunity existed to protect the defendants from a suit alleging sexual harassment.

Culberson v. Fulton-DeKalb Hospital Authority

201 Ga. App. 347 · Court of Appeals of Georgia · Sep 9, 1991

, as the Authority and Grady are not authorized to establish a self-insurance fund. … (c) Appellant’s contention that the Authority and Grady have waived sovereign immunity due to the legislative grant to the hospital authorities established under the Hospital Authorities Law of the power to “sue and be sued

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.

State v. Sanchez-Lahora

9 Neb. Ct. App. 621 · Nebraska Court of Appeals · Sep 12, 2000

In Starks , however, the Nebraska Supreme Court discussed the split in federal authority on whether a trial court has the inherent authority to grant immunity to a defense witness or whether the grant of immunity is purely … Therefore, the defendant had no immunity, and it was unnecessary for the judge to grant him such immunity in order for the prosecutor to *638 examine him on any subject that was proper under the rules of evidence.

Day v. State Ex Rel. Utah Department of Public Safety

247 Utah Adv. Rep. 19 · Court of Appeals of Utah · Sep 2, 1994

While “much police work is highly discretionary, the courts over a long period have classified police action as ministerial; that means a policy [sic] officer generally has only qualified immunity, not absolute immunity, … even when what he does is clearly discretionary.”

Ray M. Bowen, William Kibler, John Koldus, III, J. Malon Southerland, Russell W. Thompson, Zack Coapland, Major General M.T. Hopgood, Jr., Kevin Jackson, Donald Johnson, Michael David Krenz, James Reynolds, Robert Harry Stiteler, Jr. v. John Andrew Comstock, Dixie Ann Comstock, Jacquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Self, Andrea Heard, Individually, Kathy McClain, Individually and as Administratrix of the Estate of Bryan McClain

Texas Court of Appeals, 10th District (Waco) · May 28, 2008

“When it comes to defenses to liability, an official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses, such as” absolute or qualified official immunity. [2] Graham … Appellees’ petitions clearly specify that they bring claims against Appellants in Appellants’ individual capacities.

Camden Progressive Eldercare Services, Inc. v. Sheila Whitney, as Personal Representative of the Estate of Lillie Whitney

646 S.W.3d 374 · Court of Appeals of Arkansas · May 18, 2022

In his affidavit, Harrington stated: Most Ouachita Nursing residents qualify for Medicare or Medicaid coverage, but Ouachita Nursing still provided free care to residents who did not qualify for Medicare … If the existence of charitable immunity turns on disputed factual issues, then the jury may determine the facts and the circuit court will subsequently determine whether those facts are sufficient to establish

Spence v. Liberty Township Trustees

109 Ohio App. 3d 357 · Ohio Court of Appeals · Feb 13, 1996

may be asserted to establish nonliability: U * * * “(3) The political subdivision is immune from liability if the action or failure to act by the employee involved that gave rise to the claim of liability was within the … However, the trial transcript clearly reveals that the Civ.R. 50(A) motion was based on the defense of statutory immunity provided under R.C. 2744.03(A).

State v. Kierin M. Dennis

Court of Appeals of South Carolina · Oct 30, 2024

The court also concluded Dennis failed to establish the elements of self-defense. Thus, the court denied Dennis immunity under the Act. Dennis was tried in October of 2016. … However, the court qualified its decision as follows: A number of factors lead us to that conclusion.

Romero v. Mooney

New Mexico Court of Appeals · Sep 18, 2019

The district court concluded that, based on the undisputed material facts, the officers were entitled to qualified immunity because the evidence did not establish that they violated clearly established law and their actions … When a defendant asserts qualified immunity, the burden shifts to the plaintiff, who must establish the defendant’s actions violated a constitutional or statutory right that was clearly established at the time of the defendant

Christopher Karone Turner v. Tdcj-Id

Texas Court of Appeals, 6th District (Texarkana) · Jan 7, 2011

Similarly, Turner’s complaints, which complain about the use of information in the TDCJ’s policy manuals, do not qualify as use of personal property. … Turner has failed to establish that the Texas Tort Claims Act waives sovereign immunity concerning his state law claims.

Kelly v. Lewis

221 Ga. App. 506 · Court of Appeals of Georgia · May 23, 1996

Richardson, 264 Ga. 744 ( 452 SE2d 476 ) (1994), explained the basis of official or qualified immunity and that its scope covered discretionary acts (unless wilful, wanton, or outside the scope of the defendant’s authority … As in this case, the plaintiff distinguished Guthrie by arguing the school board had established policies and rules requiring the students not to leave the school premises.

Fediaczko v. Mahoning Cty. Children Servs.

2012 Ohio 6090 · Ohio Court of Appeals · Dec 20, 2012

This does not establish that Ms. … In 1994, he was arrested for failure to comply with a court order and driving under suspension. {¶69} The estate urges that the criminal history of Jennifer Snyder and David Sharpe clearly demonstrates that a child

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.

State v. Pickrell

Court of Appeals of South Carolina · Dec 1, 2021

On January 26-27, 2017, Judge Lee held an immunity hearing, during which she clearly stated that the burden was on Appellant to establish her entitlement to immunity by a preponderance of the evidence. … Further, a review of the order shows Judge Lee recognized she was required to determine whether Appellant could meet her burden of establishing she was entitled to immunity by a preponderance of the evidence, acknowledging

Alexander v. Newton County

124 So. 3d 688 · Court of Appeals of Mississippi · Apr 23, 2013

Athough the County qualified for immunity from Aexander’s suit under the provisions of the MTCA, it was the County’s duty to pursue this defense. … The County argues the delay was excusable because it had to participate in litigation to establish a factual basis for immunity under the MTCA.

Com. v. Marmillion, M.

306 A.3d 936 · Superior Court of Pennsylvania · Dec 13, 2023

It is the defendant who carries the burden of proof to establish she is entitled to immunity under the Act. See Commonwealth v. Lehman, 231 A.3d 877 (Pa. 2020). … Even though the Act potentially provides immunity for Marmillion’s possession of a controlled substance charge, she has failed to establish the trial court erred by failing to grant her immunity for that offense under the

City of Tell City v. Noble

489 N.E.2d 958 · Indiana Court of Appeals · Mar 10, 1986

In Mills, supra, where the city established a park and equipped it accordingly, the court held that the decision to establish the park and equip it was a discretionary function, but once it opted to do so, the city had a … As seen in Cataldi, the act of establishing a fire department did not exhaust the city's discretion, but rather discretion flowed into many aspects of the fire department.