Case law
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123 Idaho 851 · Idaho Court of Appeals · Mar 3, 1993
“The planning/operational test provides immunity for planning activities—activities which involve the establishment of plans, specifications and schedules where there is room for policy judgment and decisions. … This section clearly places a prospective time limit, from the date of the summons, on the compensatory relief available in ordinary condemnation proceedings where the government acts to condemn property in the exercise of
Cited 8 timesPublishedCourt of Appeals of Georgia · Jun 19, 2013
Watkins sued Officer Latif for false imprisonment, and the trial court granted summary judgment to the officer, finding that the arrest was a discretionary act and thus Latif was entitled to qualified immunity. … The doctrine of official immunity, also known as qualified immunity, . . . protects individual public agents from personal liability for discretionary actions taken within the scope of their official authority
Cited 0 timesPublished2012 Ohio 5846 · Ohio Court of Appeals · Dec 10, 2012
However, this factor alone does not establish that the City did not act in good faith. … based on the “emergency call” doctrine are not clearly established in the instant case.
Cited 8 timesPublishedTexas Court of Appeals, 1st District (Houston) · May 12, 2011
Whitley, 104 S.W.3d 540, 542 (Tex. 2003) (plaintiff must allege valid waiver of sovereign immunity to establish jurisdiction). … This Court held that restrictive covenants did not qualify “as a written contract related to the provision of goods and services.” Thus, the limited waiver of immunity found in section 271.152 did not apply. Id. at *5 .
Cited 0 timesPublishedEllis v. Allied Snow Plowing, Removal & Sanding Services Corp.
81 Conn. App. 110 · Connecticut Appellate Court · Jan 13, 2004
In sum, we are persuaded that the defendant has not established any relationship between itself and the tribe that would support the defendant’s claim to sovereign immunity. … Without more, the defendant, a general contractor, does not qualify for the immunity afforded to a tribal official. Ill THE TRIBE’S NONDELEGABLE DUTY The defendant’s final argument focuses on that part of Strate v.
Cited 5 timesPublished300 Mich. App. 229 · Michigan Court of Appeals · Apr 2, 2013
Moreover, defendant argued that it is not liable for any damages because plaintiff failed to establish a serious impairment of body function. … In contrast, because the Legislature clearly intended to limit the exposure of governmental entities to tort litigation, the small number of exceptions to that immunity must be read and construed narrowly, as in Wesche.
Reversed by Heather Lynn Hannay v. Department of Transportation, 497 Mich. 45 (2014)Cited 6 timesPublishedP.L.S. ex rel. Shelton v. Koster
360 S.W.3d 805 · Missouri Court of Appeals · Dec 13, 2011
Section 537.600 re-established the sovereign immunity that existed in the state prior to September 12, 1977, but provided for two specific kinds of claims as to which sovereign immunity was expressly waived: (1) Injuries … The court suggested, though, that the Attorney General's duties and abilities were not "clearly defined.” Id.
Cited 15 timesPublished254 Or. App. 419 · Court of Appeals of Oregon · Jan 9, 2013
Thus, Wilson’s testimony established that defendant, in giving his consent, actually relied on what he believed was a promise of immunity with respect to the contents of the RV. Further, that reliance was reasonable. … Wilson, a law enforcement officer, inserted a qualifying disclaimer in an official form at a citizen’s request.
Cited 14 timesPublishedBradshaw v. STATE, DEPT. OF WILDLIFE & FISHERIES
616 So. 2d 799 · Louisiana Court of Appeal · Mar 31, 1993
Both defendants, claiming benefit of the qualified immunity afforded by the recreational use statute, LSA-R.S. 9:2795, excepted that plaintiff's petition failed to state a cause of action. … Yet, unlike the Keelen court, we are faced with a situation that clearly falls under the language of LSA-R.S. 9:2795 E.
Questioned by Deumite v. State, 692 So. 2d 1127 (1997)Cited 5 timesPublishedFoster v. Suffolk County Police Department
137 A.D.3d 855 · Appellate Division of the Supreme Court of the State of New York · Mar 9, 2016
In this case, the County defendants, in moving for summary judgment, failed to establish, prima facie, that Officer Bogliole did not act in reckless disregard for the safety of others in commencing, conducting, or failing … Finally, as the Supreme Court properly found, the argument of the County defendants that they are entitled to immunity outside of the qualified immunity granted by Vehicle and Traffic Law § 1104, an argument which has been
Cited 9 timesPublishedUniversity of North Texas Health Science Center v. Marcy Paul
Texas Court of Appeals, 2nd District (Fort Worth) · Jul 27, 2023
6 consented to suit or immunity has been waived. … In a failure-to-hire case, the plaintiff also may––but is not required to18––raise a genuine issue of material fact on pretext “by showing that the plaintiff was clearly better qualified than the person selected for the
Cited 0 timesPublished173 Or. App. 6 · Court of Appeals of Oregon · Mar 14, 2001
On the other hand, a failure to recognize the need for that equipment under established criteria would not be immune. Id. at 14-15 . The court’s ruling in Stevenson illustrates the distinction. … As the Manual states, in a portion that plaintiffs expert quoted on cross-examination, “qualified engineers are needed to exercise engineering judgment inherent in the selection of traffic control devices.”
Cited 6 timesPublished369 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).
Overruled in part by Quest v. Joseph, 392 So. 2d 256 (1981)Cited 9 timesPublishedHumana Insurance Company v. Dolores Mueller
Texas Court of Appeals, 4th District (San Antonio) · Apr 29, 2015
Section 2259.002 of the Government Code expressly provides that the “establishment and maintenance of a self- insurance program by a governmental unit is not a waiver of immunity.” TEX. GOV’T CODE ANN. … As previously noted, Chapter 271 waives sovereign immunity from suit for certain breach of contract claims against qualifying local governmental entities. See TEX. LOC.
Cited 0 timesPublished4 Cal. App. 5th 1 · California Court of Appeal · Oct 13, 2016
, wanton, or criminal,’ so long as the statutory predicates for the immunity have been established.” … However, Valladares does not stand for the proposition plaintiffs press in this appeal, i.e., that only moments devoted exclusively to recreation qualify for immunity.
Cited 30 timesPublishedTexas Court of Appeals, 15th District · Feb 24, 2025
Curadev has not established that the Legislature clearly and unambiguously waived sovereign immunity for claims of trade secret misappropriation. ....................................... … Curadev has not established that the Legislature clearly and unambiguously waived sovereign immunity for claims of trade secret misappropriation.
Cited 0 timesPublishedTexas Court of Appeals, 1st District (Houston) · Aug 27, 2026
This standard requires us to determine whether the pleader has met her burden to allege facts that affirmatively establish the trial court’s jurisdiction over her claims against the City. Miranda, 133 S.W.3d at 224. … Pleading sufficiency In its first issue, the City argues that Horsley did not demonstrate her claim qualified for the TTCA’s limited immunity waiver because she did not plead facts showing that the City controlled
Cited 0 timesPublishedBougon v. Volunteers of America
151 So. 797 · Louisiana Court of Appeal · Jan 2, 1934
are immune from liability upon the ground of public policy and other reasons, but particularly because of what is known as the “Trust Fund Doctrine.” … Just a word about the Edwards Case, which, we are informed, has met with considerable criticism, as distinguished an authority as the Supreme Court of California having declared that it is clearly against the great weight
Cited 32 timesPublished844 So. 2d 316 · Louisiana Court of Appeal · Mar 28, 2003
However, in order to establish a breach of the standard of care, Mr. … Todd's psychological condition pursuant to the court's order clearly involved a professional assessment of Mr. Todd's condition.
Cited 4 timesPublishedTexas Court of Appeals, 13th District · Jul 31, 2014
“Consequently, sovereign immunity will bar an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” Id. … We agree with this disposition because the Library has not established that the Legislature has waived TxDOT’s immunity from suit for purposes of this claim.
Cited 0 timesPublished
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