Case law

Brown v. Montgomery County Hospital District

929 S.W.2d 577 · Texas Court of Appeals, 9th District (Beaumont) · Sep 26, 1996

However, assuming all Brown’s allegations to be true, Bremer and Spring individually are entitled to qualified immunity as a matter of law. See Boozier v. Hambrick, 846 S.W.2d 593, 597-98 (Tex.App. … This immunity, variously known as governmental, official quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability.

Pulido v. Dennis

888 S.W.2d 518 · Texas Court of Appeals, 8th District (El Paso) · Oct 27, 1994

n.r.e.), the student challenged Section 21.912(b) on public policy grounds stating that to apply Barr to a case where, as a result of alleged omissions, the student was injured by acid from a broken bottle, would be to establish … The Court, relying on Barr , held that Section 21.912(b) creates a qualified immunity for professional school employee.

Maeng Jong Choi v. Young Ae Choi

Court of Appeals of Virginia · Aug 1, 2023

The terms of Code § 17.1-405 clearly exclude this appeal from our appellate jurisdiction. “A pendente lite order is interlocutory.” Everett v. Tawes, 298 Va. 25, 34 (2019). … Acts ch. 307, § 2 (removing this Court’s jurisdiction to hear interlocutory appeals in certain cases involving sovereign, absolute or qualified immunities, but containing a savings clause that “any case affected by the

Shedrick v. William Penn School District

654 A.2d 163 · Commonwealth Court of Pennsylvania · Jan 17, 1995

real property exception to local agency immunity. … For cases which have clearly defined this principle, see Fitchett v. Southeastern Pennsylvania Transp.

Labrado v. County of El Paso

132 S.W.3d 581 · Texas Court of Appeals, 8th District (El Paso) · Apr 28, 2004

If a statute provides that any citizen or taxpayer may bring an action, the plaintiff need only establish that he or she falls within one of these categories to establish standing; it is not necessary to establish an interest … This petition is distinguishable from the one in Ferguson because it clearly requests declaratory and injunctive relief.

Walker County ESD No. 3 The Board of ESD No. 3 And the Officers & Commissioners of ESD No. 3, in Their Official Capacities v. City of Huntsville, Texas

Texas Court of Appeals, 10th District (Waco) · Dec 7, 2022

City of Huntsville Page 10 those facts constitute acts beyond the official's authority or establish a failure to perform a purely ministerial act.” Tabrizi v. … Sections 775.014 and 775.051 clearly differ.

Georgia Department of Community Health v. Data Inquiry, LLC

313 Ga. App. 683 · Court of Appeals of Georgia · Jan 25, 2012

The court’s reliance on Azarat constitutes error, however, because Azarat is clearly distinguishable on the facts from the instant case. … Thus, the ruling of Ararat is inapplicable here and does not relieve Data Inquiry of its burden of producing affirmative evidence to demonstrate that a valid written contract exists in order to establish a waiver of the Department

Turner v. Robinson

534 S.W.3d 115 · Court of Appeals of Texas · Aug 17, 2017

We remanded the case to the trial court to allow appel-lees an opportunity to replead and establish standing. Id. at 476. … Thus the Act clearly and unambiguously waives the sovereign immunity of municipalities in any declaratory-judgment action involving the validity-of a municipal ordinance. Id.

Mizell v. State

70 S.W.3d 156 · Texas Court of Appeals, 4th District (San Antonio) · Nov 14, 2001

Grady said she heard the slap and saw the incident “very clearly.” … We therefore hold Mizell failed to establish counsel was ineffective and overrule his fifth point of error.

Napoli v. Bianco

342 Pa. Super. 235 · Superior Court of Pennsylvania · May 10, 1985

and permanent” as to qualify as an exception to the tort immunity provisions of the No-Fault Act. … This afforded the trial court an opportunity to grant a new trial on the basis of a recent decision which reversed a previously established rule.

Phil McCoy, Relator v. The Honorable Sandy Martinez, Judge, Circuit Court, St. Francois County, Division I

480 S.W.3d 420 · Missouri Court of Appeals · Jan 19, 2016

Dismissal based on an affirmative defense may be appropriate if the petition clearly establishes "on its face and without exception" that the claim is barred. Richardson v. City of St. Louis, 293 S.W.3d 133, 139 (Mo. … did not allege facts establishing that an exception to the official immunity doctrine applied, they did not state a claim for breach of a ministerial duty falling within the exception to the official immunity doctrine.

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}

Visnick v. Caulfield

73 Mass. App. Ct. 809 · Massachusetts Appeals Court · Mar 10, 2009

The privilege invoked by Caulfield is well established. … Ct. 360 , 361 n.3 (2007), “the denial of a pretrial motion predicated upon an absolute privilege, which provides immunity from suit, would also qualify under the doctrine of present execution.”

Foxworthy v. Puyallup Tribe of Indians Ass'n

141 Wash. App. 221 · Court of Appeals of Washington · Oct 16, 2007

Thus, if Foxworthy is to sustain her cause of action, she must establish that Congress has impliedly abrogated tribal sovereign immunity. 3. … tribal casino instead of in a non-Indian establishment off the reservation.

Lenoir v. Marino

469 S.W.3d 669 · Court of Appeals of Texas · Jul 2, 2015

Sovereign Immunity and Section 101.106 Dismissal By common law, the State is immune from suit unless it consents by waiving immunity. Tex. Adjutant General’s Office v. … Huang was required to retain his faculty status at the Health Science Center •to qualify for participation. If Dr.

Torres v. Department of Correction

50 Conn. Supp. 72 · Connecticut Superior Court · Feb 22, 2006

This court first adopted a version of qualified official immunity in 1920 in Wadsworth v. … By comparison, other jurisdictions more clearly require both foreseeable harm and a foreseeable plaintiff. See, e.g., Mellon Mortgage Co. v.

State v. Kierin M. Dennis

Court of Appeals of South Carolina · Aug 7, 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.

Cook v. Bennett

94 Mich. App. 93 · Michigan Court of Appeals · Dec 5, 1979

Clearly city councils are invested with this authority and their duty runs to the whole public. … A similar problem was addressed in Cole v Rife, 77 Mich App 545 ; 258 NW2d 555 (1977), where defendant police officer was sued for negligence in establishing a road block and then directing plaintiff to proceed into the path

Johnson v. Department of Transportation

245 Ga. App. 839 · Court of Appeals of Georgia · Sep 8, 2000

most elementary factual information such as a police report, diagram, or eyewitness testimony establishing the location of the incident or the manner in which it occurred. … Under these circumstances, the trial court’s grant of summary judgment to the DOT clearly was proper. No alternative was possible in the complete absence of the necessary elements of proof. Judgment affirmed.

3-M Elec. Corp. v. Vigoa

369 So. 2d 405 · District Court of Appeal of Florida · Apr 3, 1979

The allegations of the said counterclaim constitute an attempt to establish a right to contribution from the appellees/plaintiffs in a tort action. Mr. and Mrs. … Moore, 330 So.2d 546 (Fla. 1st DCA 1976). [5] In fact, the interspousal immunity doctrine clearly remains viable as well. Blanton v. Blanton, 354 So.2d 430 (Fla. 4th DCA 1978).