Case law

Sommer v. STATE, DEPT. OF TRANSP. DEVELOPMENT

758 So. 2d 923 · Louisiana Court of Appeal · May 16, 2000

their actions were objectively reasonable, did not violate plaintiff's rights, and were thus protected by qualified and good faith immunity. … That portion of the Will opinion, when read in context as we are required to do, clearly and unequivocally applies only to cases brought in federal court, where 11th Amendment sovereign immunity is an issue.

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.

Harris County Fresh Water Supply District No. 61 v. Magellan Pipeline Company, L. P. and V-Tex Logistics LLC

Texas Court of Appeals, 1st District (Houston) · Apr 19, 2022

The District further contends that (1) the Legislature has not clearly and unambiguously waived the District’s immunity from condemnation suits, and (2) the District did not waive its immunity from suit by entering into … See Denbury Green Pipeline–Texas, 510 S.W.3d at 917 (discussing proof necessary to establish common-carrier status and stating: “[E]vidence establishing a reasonable probability that the pipeline will, at some point after

Julie Moreno v. Julio C. Novoa, M.D.

Texas Court of Appeals, 8th District (El Paso) · Jul 31, 2023

“Absolute immunity, unlike qualified immunity, applies even if the underlying alleged conduct is illegal, improper, or malicious.” Id. … Because absolute immunity is 3 just that—absolute—“it must protect even actions that a plaintiff could ultimately establish were in violation of law.”

University 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.

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).

Taylor v. BI-COUNTY HEALTH DEPT.

353 Ill. Dec. 857 · Appellate Court of Illinois · Aug 4, 2011

Birner explained that Cora's insurance had changed so that Logan was no longer covered under Medicaid for vaccines, but he was still qualified to receive VFC vaccines through Red Bud Pediatrics. … The plaintiffs attached that provider enrollment form to the motion to vacate, which provides, in relevant part, "I will comply with the appropriate immunization schedule, dosage and contraindications established by the DHHS

White v. Cleveland

2025 Ohio 739 · Ohio Court of Appeals · Mar 6, 2025

Like the present case, Ferrante was removed to federal district court where the officers claimed qualified immunity. … Moreover, concerning Kubas’s and Santiago’s actions, the district court found that “White’s evidence is clearly sufficient to establish a genuine issue of fact.

Texas Department of Insurance v. Som Thomas

Texas Court of Appeals, 15th District · Mar 19, 2026

TDI is a state agency 21 and is thus immune from suit unless that immunity is expressly waived by the Legislature or validly abrogated by Congress.22 An agency may assert immunity in a plea to the jurisdiction,23 which “may … ” for the job. 37 The statute also prohibits retaliating against an employee who—as here—files a complaint of discrimination.38 Chapter 21 waives sovereign immunity, “but only if the plaintiff alleges facts that would establish

Dalrymple v. Westerville

201 N.E.3d 382 · Ohio Court of Appeals · Nov 17, 2022

In its decision, the court held that appellees were entitled to political subdivision immunity under R.C. 2744.02 and 2744.03, and that appellant failed to establish a genuine issue of material fact as to her claims for fraud … Bitar told her "they had made a mistake that I didn't qualify, my use didn't qualify for the money, so it changed * * * you know."

Michael D. v. Deer Valley Unified School District No. 97

186 Ariz. 161 · Court of Appeals of Arizona · Jul 9, 1996

Accordingly, we examine the application of this statute to the Schabels’ claims and the district’s acts with a view to finding immunity only if it clearly applies. *165 We first examine the effect of the holding in Goss on … The Schabels have made no arguments either below or on appeal concerning immunity for negligent supervision. Issues not clearly raised and argued in a party’s appellate brief are waived. Carrillo v.

Estate of Reardon v. OhioHealth Corp.

233 N.E.3d 817 · Ohio Court of Appeals · Jan 9, 2024

That statute was enacted on September 14, 2020, and expanded the qualified statutory immunity from lawsuits previously set forth in R.C. 2305.2311 during the period of the COVID-19 health emergency. {¶ 2} On May 25, … Dunlap, 121 Ohio St.3d 373, 2009- Ohio-1221, ¶ 13 (“It is well-established that an order must be final before it can be reviewed Nos. 23AP-148 & 23AP-154

Cardona v. County of Orange

2026 NY Slip Op 00234 · Appellate Division of the Supreme Court of the State of New York · Jan 21, 2026

"However, prosecutors enjoy only qualified immunity when acting in an investigative capacity" ( id. ; see Blake v City of New York , 148 AD3d at 1104 ). … Since this action was not commenced until August 2023, more than three years later, the defendants established, prima facie, that the time in which to assert that cause of action had expired.

Ferrucci v. State

42 A.D.2d 359 · Appellate Division of the Supreme Court of the State of New York · Oct 25, 1973

On September 10, 1937, upon a petition of his sister and a certificate of two qualified examiners, he was committed to said institution pursuant to an order of the Dutchess County Judge adjudging *361 him to be insane. … The operation of a State institution is clearly governmental and subject to governmental and administrative decisions, and the State has not waived its immunity from liability resulting from said decisions (Young v.

Kenneth 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.

City of Emory, Texas, Appellant/Cross-Appellee v. Scott Lusk and Lisa Lusk, Appellees/Cross-Appellants

Texas Court of Appeals, 12th District (Tyler) · Jan 30, 2009

Governmental Immunity In Texas, governmental immunity has two components: immunity from liability, which bars enforcement of a judgment against a governmental entity, and immunity from suit, which bars suit against the entity … Further, the legislature has established governmental functions for which a municipality enjoys immunity unless immunity has been waived under the Texas Tort Claims Act. See Tex. Civ. Prac. & Rem.

Stanley v. Denning

130 Ill. App. 2d 628 · Appellate Court of Illinois · Dec 3, 1970

However, there is a contrary emphasis applied to a right which is firmly established in our concepts of justice, embodied in the common law and in the constitution “Every person ought to find a certain remedy in the laws … Absent a clearly expressed intention to apply Tort Immunity Act to pre-existing cause of action, we hold the legislation to be prospective.

CROSBY Et Al. v. JOHNSON Et Al.

334 Ga. App. 417 · Court of Appeals of Georgia · Nov 23, 2015

It is well settled that “[s]overeign immunity is not an affirmative defense that must be established by the party seeking its protection. … Instead, immunity from suit is a privilege and the waiver must be established by the party seeking to benefit from 12 Gilbert v.

City of Philadelphia v. Melendez

156 Pa. Commw. 271 · Commonwealth Court of Pennsylvania · Jun 15, 1993

The City argues that case law has clearly established that a parked vehicle is not in operation, and that claims involving a parked vehicle are not actionable under the vehicle exception to governmental immunity. … As previously established, the facts of this case do not fall within any *277 of the potentially applicable exceptions to governmental immunity, and therefore, Crowell does not apply.

Timothy Hays v. Chief Campos

Texas Court of Appeals, 13th District · Jul 27, 2015

With regard to Appellant’s Brief on the issue of qualified immunity, Appellee informs this Honorable Court of Appeals that Appellee did not seek dismissal of Appellant’s claims in the trial court on the grounds of qualified … Nor did the trial court make a ruling on Appellee’s entitlement to qualified immunity. C.R. at 60.