Case law
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Board of Trustees of Community College District No. 502 v. Department of Professional Regulation
Appellate Court of Illinois · Jan 31, 2006
There, the defendant, an employee of a community college, sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (Ill. Rev. … We are aware that, when the intent of the legislature is clearly expressed and the objects and purposes of a statute are clearly set forth, the courts are not bound by the -
Cited 0 timesPublished129 Ga. App. 787 · Court of Appeals of Georgia · Oct 3, 1973
That was two days after expiration of one year from the date the defendants had qualified as executors. Under the twelve months immunity statute the suits were timely filed. … This view of retrospective operation is fortified by the fact that the twelve months immunity from suit for administrators and executors had been our established law since 1799.
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 timesPublished157 Ga. App. 618 · Court of Appeals of Georgia · Feb 20, 1981
Lott qualified as an expert as to the replacement value of houses and gave his opinion based upon the age of the building, type of material used, and size. … The jury verdict of $27,000 was clearly authorized by the evidence. Appellees’ claim that the damages were incorrectly proved is likewise without merit.
Cited 4 timesPublishedDay 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.”
Cited 7 timesPublished215 Mich. App. 389 · Michigan Court of Appeals · Feb 9, 1996
Statutes are presumably constitutional and should be so construed unless their unconstitutionality is clearly apparent. … Moreover, even if it were established that a contract existed between msu and St.
Reversed on other grounds by Vargo v. Sauer, 457 Mich. 49 (1998)Cited 19 timesPublished2012 Ohio 353 · Ohio Court of Appeals · Feb 2, 2012
Burks’s conduct qualifies as willful or wanton misconduct. … No. 72283, 1998 WL 742171 (Oct. 22, 1998) (an amendment to add the phrase “wilful or wanton conduct” to defeat statutory immunity is insufficient without “new allegations of any operative facts which might establish wilful
Cited 3 timesPublishedLewis v. Ohio Department of Health
66 Ohio App. 3d 761 · Ohio Court of Appeals · Jun 12, 1990
It clearly was not the intent of the state legislature to make the state, in effect, a superlative provider of insurance. … The Supreme Court, in interpreting R.C. 2743.02, which established the Ohio Court of Claims and a limited immunity on the part of the state of Ohio, ruled that: “ * * * [T]he state cannot be sued for its legislative or judicial
Cited 4 timesPublished254 Ill. App. 3d 951 · Appellate Court of Illinois · Sep 17, 1993
A physician’s duty is to exercise the same degree of knowledge, skill, and care which a reasonably well-qualified physician in the same or similar community would use under similar circumstances. (Purtill v. … following established hospital policy.
Cited 40 timesPublished130 Mich. App. 284 · Michigan Court of Appeals · Nov 7, 1983
Although the case of Imbler v Pachtman, 424 US 409 ; 96 S Ct 984 ; 47 L Ed 2d 128 (1976), involves a split decision as to the finding of absolute immunity as opposed to qualified immunity, the majority opinion, favoring absolute … An assertion that the prosecutor violated his professional code of ethics is not sufficient to establish that the prosecutor acted outside the scope of his office.
Cited 12 timesPublishedGood Samaritan Hosp. Ass'n, Inc. v. Simon
370 So. 2d 1174 · District Court of Appeal of Florida · Feb 14, 1979
Here, the legislature clearly intended to allow actions such as that filed by respondent. … Clearly, one of the broad purposes of Section 768.40 was to establish a high quality of health care in Florida by encouraging the formation of medical review committees to monitor the performance of physicians and other health
Cited 16 timesPublishedRush v. Corvallis Sch. Dist. 509J
291 Or. App. 252 · Court of Appeals of Oregon · Apr 11, 2018
Normally, a choice within the permissible range, in order to qualify for immunity, is one that has been made by a supervisor or policy-making body. … Applying those principles in Mosley , the court concluded that the district had established discretionary immunity as to the plaintiff's allegations that the defendant had failed to exercise proper supervision of students
Cited 3 timesPublished281 N.W.2d 25 · Court of Appeals of Iowa · Apr 26, 1979
We find these reasons to be persuasive, especially when considered in conjunction with Monell and the provisions of section 613A.8 which exempts the county from the duty to indemnify the employee if liability is established … A qualified privilege is lost if the acts alleged are not performed in good faith. Plaintiff alleges defendant Kelly’s initiation and pursuit of the prosecution against plaintiff was done solely to harass plaintiff. 8 .
Cited 10 timesPublishedStolle v. Baylor College of Medicine
981 S.W.2d 709 · Texas Court of Appeals, 1st District (Houston) · Oct 14, 1998
The movant’s own evidence may establish the existence of a genuine issue of material fact on the plaintiffs claim. Armbruster v. Memorial Southwest Hosp., 857 S.W.2d 938, 941 (Tex.App. … First, if Mariel had been in a terminal condition, she could be a “qualified patient” and appellees would be immune under section 672.016(b) of the Natural Death Act. 9 On the other hand, if Mariel was not in a terminal condition
Cited 4 timesPublishedClaverack Cooperative Insurance v. Nielsen
296 A.D.2d 789 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 2002
Notably, self-serving statements that the party seeking to avoid disclosure is not in the business of filing insurance reports and that all reports prepared were in anticipation of litigation are insufficient to establish … that the material qualifies for the privilege of CPLR 3101 (d) (2) (see, James v Metro N.
Cited 15 timesPublishedTexas 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.
Cited 0 timesPublished112 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.
Cited 5 timesPublishedINVESTMENT MGMT. SVCS., INC. v. Village of Folsom
808 So. 2d 597 · Louisiana Court of Appeal · May 11, 2001
Therefore, the Village of Folsom will be liable for damages under the civil rights statute only if it violated IMS's clearly established constitutional rights. … IMS has no clearly established constitutional right which has been violated.
Cited 8 timesPublishedCourt of Appeals of Tennessee · Jun 5, 2014
The court further finds that the complaint fails to assert any claims against defendants which are not barred by sovereign immunity and/or qualified immunity, and it fails to assert facts which establish that … The complaint fails to assert facts that establish that plaintiff has suffered a constitutional violation resulting from any action of defendants.
Cited 0 timesPublishedMolly Ann Melton v. Indiana Athletic Trainers Board
Indiana Court of Appeals · Sep 14, 2020
The Defendants asserted two kinds of immunity: absolute quasi-judicial immunity and qualified immunity. … is that qualified immunity, not quasi-judicial immunity, applies.” Id. at 36.
Cited 0 timesPublished
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