Case law

Harrison v. Escambia County School Bd.

419 So. 2d 640 · District Court of Appeal of Florida · Jun 23, 1982

Finally, although the public body's decision to take certain action may have been made at the planning level, and therefore immune, Johnson clearly states that the attachment of immunity to the original decision does not … be placed on notice, either actually or constructively, of a change in conditions is analogous to the rule that long antedated the enactment of the qualified waiver of sovereign immunity in Florida as to municipalities that

Roth v. Borough of Verona

74 Pa. Commw. 352 · Commonwealth Court of Pennsylvania · May 17, 1983

Although the trial court’s order clearly dismissed the Local' Agency Law appeal, there is no discussion of that issue in the trial court’s opinion. … S. §101 is as follows: , , Any final order, decree, decision, determination or ruling by an agency affecting personal or property rights, privileges, immunities, duties, liabilities or obligations of any or all of the parties

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.

Stinson v. City of Lincoln

9 Neb. Ct. App. 642 · Nebraska Court of Appeals · Sep 19, 2000

The trial court’s findings are not clearly incorrect, and the City was not immune from suit under § 13-910(10). … Whether a tractor with an attached snowblower qualifies as a motor vehicle is a question we need not answer, in light of our holding herein. Proximate Cause.

Winkler v. Spinnato

134 A.D.2d 66 · Appellate Division of the Supreme Court of the State of New York · Dec 28, 1987

Certainly, based upon dicta such as this, an argument can be made that the amendments now under review, which clearly discriminate against residents of other States, and which clearly bias employment opportunities in favor … The plaintiffs first invoked the Privileges and Immunities Clause in a *69 proposed amended complaint, dated May 7, 1987. The record on appeal does not establish whether leave to serve this complaint was ever granted.

Molly 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.

Nichols v. State, Office of the Secretary

842 N.W.2d 20 · Court of Appeals of Minnesota · Jan 21, 2014

The language of sections 181.64and 181.65 does not plainly, clearly, or unmistakably disclose an intention by the legislature to waive the state’s sovereign immunity from suit under those statutes. … in active service); Minn.Stat. § 181.948, subd. 1(d) (leave for immediate family members to attend military send-off or homecoming ceremonies); Minn.Stat. § 181.950, subd. 7 (drug testing); Minn.Stat. § 181.967, subd. 4 (qualified

Bush v. Cleveland Mun. School Dist.

2013 Ohio 5420 · Ohio Court of Appeals · Dec 12, 2013

R.C. 2744.01(F) provides that a public school district qualifies as a political subdivision for purposes of R.C. … Reciting language from R.C. 2744.02(B)(4) to establish an exception to CMSD’s governmental immunity, without additional facts to support the allegation, is not sufficient to withstand a motion to dismiss.  {¶14}

Meyer & Associates, Inc. v. Coushatta Tribe of Louisiana

6 La.App. 3 Cir. 1542 · Louisiana Court of Appeal · Aug 8, 2007

Cous-hatta refutes the import of Meyer’s arguments with evidence establishing that nonmembers doing business with the Tribe regularly obtained specific resolutions waiving sovereign immunity as provided in the Judicial Code … Nat’l Farmers, 471 U.S. 845 , 105 S.Ct. 2447 , 85 L.Ed.2d 818 . 11SConclusions Louisiana and its courts clearly have an interest in seeing that their citizens are protected when they contract with Indian tribes.

Gerth v. Wilson

774 So. 2d 5 · District Court of Appeal of Florida · Oct 11, 2000

The court reversed a summary judgment granting immunity and clearly stated that the "intentional tort exception includes an objective standard to measure whether the employer engaged in conduct which was substantially certain … This decision appears to be in conformance with the legislative intent embodied in the adoption of section 440.11(1), which establishes an objective standard for judging workers' compensation immunity.

Board of Com'rs of Delaware County v. Briggs

167 Ind. App. 96 · Indiana Court of Appeals · Dec 3, 1975

We believe that this is a reference to the generally established requirements for personal governmental immunity protection. … The issue was clearly before the jury, and the instruction was properly given.

Mahler v. Judicial Council of Cal.

California Court of Appeal · Jul 28, 2021

It “clearly [was] not an ad hoc decision,” as the court was not acting on “an individual application,” but “was creating a binding rule for all attorneys serving” as temporary judges, commissioners, and referees. … immunity from such relief.

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.”

People v. Victor Wayman

189 Cal. App. 4th 215 · California Court of Appeal · Oct 15, 2010

By its terms, it provides immunity from criminal liability only when a qualified patient “transports . . . marijuana for his or her own personal medical use.” (§ 11362.765, subd. (b)(1), italics added.) … limitations on the amount of marijuana a qualified patient may possess.

Davis v. Independent Transporters of the Handicapped, Inc.

226 A.D.2d 496 · Appellate Division of the Supreme Court of the State of New York · Apr 15, 1996

"When compelling public policy requires that the speaker be immune from suit, the law affords an absolute privilege, while statements fostering a lesser public interest are only conditionally privileged (see, 600 W. 115th … Accordingly, the appellants established their entitlement to summary judgment. Balletta, J. P., Sullivan, Santucci and Altman, JJ., concur.

Stolle 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

Penny v. Review Board of the Indiana Department of Workforce Development

852 N.E.2d 954 · Indiana Court of Appeals · Aug 18, 2006

We noted the statement made to the Employment Security Department was, by statute, protected by a qualified privilege. Id. at 1175 (citing Ind.Code § 22-4-17-9). We affirmed summary judgment for How-met. … To be eligible for unemployment benefits an individual must establish wage credits in a specified amount during a specified period, Ind.Code § 22-4-14-5; the amount of wage credits determines the weekly benefit.

Doxiadis v. Triborough Bridge & Tunnel Auth.

2024 NY Slip Op 05631 · Appellate Division of the Supreme Court of the State of New York · Nov 14, 2024

They did not establish that they complied with the Manual of Uniform Traffic Control Devices by using engineering judgment in the placement of the tubular markers. … Defendants failed to establish that they were entitled to qualified immunity in that they failed to demonstrate that a "'study, inquiry or investigation' into that question was conducted and reached the determination now

Giovenco-Pappas v. Berauer

2020 IL App (1st) 190904 · Appellate Court of Illinois · Sep 9, 2020

However, the court also made specific determinations about the effect and applicability of other immunity statutes, specifically the State Lawsuit Immunity Act and the qualified-immunity provision of the Adult Protective … ¶ 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. England, 348 Ill.