Case law

Lambert v. Katz

8 A.3d 409 · Commonwealth Court of Pennsylvania · Nov 15, 2010

To defeat the defense of sovereign immunity, the plaintiff must also establish that his or her allegations fall within one of the nine enumerated exceptions to sovereign immunity set forth in Section 8522(b) of the Code. … Under this definition, the shoulder is clearly part of the highway.

Bougon 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

Godfrey v. Boston Old Colony Ins. Co.

97 La.App. 4 Cir. 2568 · Louisiana Court of Appeal · May 27, 1998

However, in the rare cases which do not qualify for LSA-R.S. 9:2800.1 immunity because the alcoholic beverage vendor sold to a person under "the age for lawful purchase thereof," the court must move to the second level of … General negligence principles Because the immunity established by LSA-R.S. 9:2800.1 does not immunize Waldo's from liability under the facts of the instant case, we turn now to the second level of inquiry for determining

Doxiadis v. Triborough Bridge & Tunnel Auth.

2024 NY Slip Op 5631 · 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

Calvin v. Stirling Ranch Prop. Owners Ass'n, Inc.

411 P.3d 145 · Colorado Court of Appeals · Apr 23, 2015

If the DRB is immune from liability, then it follows that the POA is also immune since the basis for all acts of negligence were acts of the DRB. … , establishment, administration, and enforcement of Design Guidelines."

Linden v. Health Care 2000, Inc.

809 N.E.2d 929 · Indiana Court of Appeals · Jun 11, 2004

Denial of Appellants' Motion for Partial Summary Judgment In their original brief, Appellants contend that Appellees have failed to establish that they are entitled to immunity under the Act and that therefore we "should … It is not enough for Appellants to argue that Appel-lees are not entitled to immunity under the Act and are therefore not entitled to summary judgment; Appellants must also establish as a matter of law with respect to each

State v. Davis

745 S.W.2d 249 · Missouri Court of Appeals · Feb 5, 1988

The Court, furthermore, is obliged to uphold legislative enactments, when challenged on constitutional grounds, unless the unconstitutionality is clearly demonstrated. … In his final argument, Davis contends that as a citizen of the Kingdom of God, he is an ambassador, entitled to diplomatic immunity. *253 Diplomatic immunity cannot be asserted unilaterally.

Larabee v. Governor of the State

65 A.D.3d 74 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2009

Even if legislative statements resulting in a decision or action are immune, the unlawful discharge of an immunized decision might not itself be within the circle of immunity, if it is not essential to legislative independence … We are also mindful of the many concerns set forth in the record about the future retention of qualified jurists and the attraction of highly qualified attorneys to the bench as judges retire or otherwise leave.

James T. (Tom) Higdon v. State of Tennessee

404 S.W.3d 478 · Court of Appeals of Tennessee · Jan 11, 2013

Bernadette Welch, Administrative Hearing Officer, is shielded from suit by the doctrine of qualified immunity and the allegations against her do not arise to the violation of a clearly established constitutional … Bernadette Welch is shielded from suit in her individual capacity under a theory of qualified immunity. The Defendants and not Higdon specifically raise this issue on appeal.

People v. Haleas

404 Ill. App. 3d 668 · Appellate Court of Illinois · Oct 13, 2010

Although Kastigar clearly prohibits the government from making any direct or indirect evidentiary use of immunized testimony, see Kastigar, 406 U.S. at 460 , [ 32 L. Ed. 2d at 226 ,] 92 S. Ct. … This burden may be met by establishing that the witness was never exposed to North’s immunized testimony, or that the allegedly tainted testimony contains no evidence not ‘canned’ by the prosecution before such exposure occurred

Smith v. Chatham County

264 Ga. App. 566 · Court of Appeals of Georgia · Nov 17, 2003

A waiver of sovereign immunity must be established by the party seeking to benefit from the waiver. 5 Thus, the Smiths had the burden of establishing that the County waived sovereign immunity *568 by obtaining liability insurance … There is no statute which provides that by establishing a self-insurance plan, a county waives sovereign immunity. The cases relied upon by the Smiths do not require a contrary result.

Anderson v. Hayes

578 S.W.2d 945 · Court of Appeals of Tennessee · Jun 30, 1978

The Trial Judge erred in failing to sustain appellant’s plea of governmental immunity. 2. … Removal of immunity for injury caused by negligent act or omission of employees — Exceptions.

Haynes v. City of Middletown

142 Conn. App. 720 · Connecticut Appellate Court · May 21, 2013

“[T]he ultimate determination of whether qualified immunity applies is ordinarily a question of law for the court . . . .” (Internal quotation marks omitted.) Purzycki v. … [W]hether a particular plaintiff comes within a cognizable class of foreseeable victims for purposes of this narrowly drawn exception to qualified immunity ultimately is a question of law for the courts, in that it is in

Marker v. Commonwealth, Department of Transportation

677 A.2d 345 · Commonwealth Court of Pennsylvania · Feb 14, 1996

realty as required by the Sovereign Immunity Act. 2. … Clearly, Marker had the burden in this matter and the record reveals that Marker failed to satisfy his burden. Therefore, the trial court erred in not granting DOT’s motion for post-trial relief.

Price v. Exxon Corp.

95 La.App. 1 Cir. 0392 · Louisiana Court of Appeal · Nov 9, 1995

that it is clearly wrong or manifestly erroneous. … This court further held that allowing the State or its subdivisions to invoke the recreational use immunity did not violate the proscription against sovereign immunity because *1279 the statute was not designed to re-establish

Oakbend Medical Center v. Martinez

515 S.W.3d 536 · Court of Appeals of Texas · Feb 14, 2017

OakBend’s uncontroverted summary judgment evidence established that it is owned by a hospital authority created by the City of Richmond and qualifies as a *542 “governmental unit.” See Tex. Civ. Prac. & Rem. … Standard of Review When a governmental unit raises the affirmative defense of governmental immunity in a traditional summary judgment motion, it must establish the affirmative defense as a matter of law. See Tex. R.

Jones v. Department of Public Aid

Appellate Court of Illinois · May 1, 2007

Four factors must be established before the trial court grants an injunction: 1) a clearly ascertainable right in need of protection; 2) the occurrence of irreparable harm without the injunction; 3) an inadequate remedy … The Department’s limited evidence on projected costs for individuals similar to Michael does not clearly establish what level of funding it considers would be necessary to accommodate individuals with disabilities comparable

Bell v. City of Grand Prairie

221 S.W.3d 317 · Texas Court of Appeals, 5th District (Dallas) · Apr 19, 2007

Governmental Immunity and the Civil Service Act Appellants do not assert that any provision of the Civil Service Act applicable in this case clearly and unambiguously waives the City’s immunity to suit. … (“Although the supreme court did not directly address whether a general waiver of immunity existed under the civil service statutes, the absence of a general waiver is clearly implied by the outcome.”).

kontos v. state

Vermont Superior Court · Feb 29, 2024

It is the Plaintiffs who must show that their claims qualify under the Tort Claims Act for the waiver of immunity. Denis Bail Bonds. Inc. v. State, 159 Vt. 481 (1993). … Since Plaintiffs have not Page 3 of 5 shown that their case qualifies for an exception to sovereign immunity, summary judgment is granted to all State Defendants on this ground.

Fiske v. Town of North Attleboro

22 Mass. L. Rptr. 242 · Massachusetts Superior Court · Feb 14, 2007

The First Circuit has held that there can be no cognizable claim for abuse of process under §1983, because the Supreme Court had effectively eliminated this type of claim with its decisions upholding qualified immunity. … The court does not consider whether the remaining individuals are entitled to qualified immunity on these common-law torts, since they did not raise that doctrine in their papers.