Case law

State v. Belanger

170 P.3d 530 · New Mexico Court of Appeals · Oct 29, 2007

STANDARD OF REVIEW {4} As described at greater length below, the propriety of the district court's order is a legal question which turns upon the interpretation and application of constitutional provisions, court rules, and established … The award of immunity is therefore within the control of the prosecution, with a narrow exception for cases in which prosecutorial misconduct is clearly demonstrated.

Fox v. Ogemaw County

208 Mich. App. 697 · Michigan Court of Appeals · Feb 21, 1995

Assuming the existence of a nuisance per se exception to governmental immunity, see Li, supra, we also conclude that the trial court’s finding of a nuisance was clearly erroneous. … Because plaintiff failed to establish either a trespass-nuisance or a nuisance per se, the trial court clearly erred in finding defendants liable to her for damages; they were immune from liability under § 7(1) of the governmental

Wight Realty Interests, Ltd. v. City of Friendswood

333 S.W.3d 792 · Texas Court of Appeals, 1st District (Houston) · Feb 9, 2011

parties and construct recreational facilities and associated improvements, as detailed in the contract; the acquisition of real properties and the construction of facilities and improvements on those properties plainly qualify … See Kirby Lake Dev., Ltd., 320 S.W.3d at 838 (stating that agreements, which “clearly outlined” “names of the parties, property at issue, and basic obligations,” contained “essential terms”).

Daly v. Certo

2025 Ohio 293 · Ohio Court of Appeals · Jan 31, 2025

McDonald Village Police Dept., 70 Ohio St.3d 351, 356 (1994). {¶ 96} R.C. 2744.03(A)(6) provides that this qualified immunity is “[i]n addition to any immunity or defense referred to in division (A)(7) of this section … . {¶ 106} Both Daly’s complaint and deposition testimony clearly established that Certo was the acting prosecutor for the City of Riverside at all relevant times.

Kimberly Marie Erickson Ex Rel Lily Marie Price v. Jeanne Walker

Court of Appeals of Georgia · Jun 15, 2021

While a written policy is not the only means of establishing a ministerial duty Hill v. Jackson, 336 Ga. … A21A0023 Even if there were a jury question as to qualified immunity, we would still affirm the grant of summary judgment.

Michael W. Martin v. The City of Waynesboro, Virginia

Court of Appeals of Virginia · Mar 17, 2026

Sovereign Immunity “It is an established principle of sovereignty, in all civilized nations, that a sovereign State cannot be sued in its own courts . . . without its consent and permission.” Gray v. Va. … As explained in this opinion, we find that the clearer guideline for determining whether the General Assembly intended a statute to waive sovereign immunity is whether the statute enacted clearly provides a cause of action

Pre-Hospital Medical Services, Inc. v. Malheur County

134 Or. App. 481 · Court of Appeals of Oregon · May 24, 1995

In its first assignment, plaintiff argues that the court erred in concluding that defendants were entitled to qualified immunity on the claims under 42 USC sections 1983 and 1988. … Forsyth, 472 US 511, 526 , 105 S Ct 2806 , *495 86 L Ed 2d 411 (1985) (“Unless the plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal

Harris County, Texas v. Jasmine Jader Gariet

Texas Court of Appeals, 1st District (Houston) · Aug 31, 2026

Thus, in addition to satisfying the statutory provisions of the TTCA “that clearly and affirmatively waive immunity,” a TTCA plaintiff must “expressly negate” any statutory exceptions that are “plausibly implicate[d]” … (“To establish the trial court’s jurisdiction, a TTCA plaintiff must (1) satisfy the statutory provisions, such as section 101.021(1), ‘that clearly waive immunity’ and (2) ‘expressly negate’ any statutory exceptions ‘

Beaumont Independent School District v. Shaunte Guillory

Texas Court of Appeals, 9th District (Beaumont) · May 12, 2016

According to Guillory’s petition, “[t]hat incident clearly sparked the successive acts of retaliation against Guillory.” … To qualify for the Whistleblower Act’s waiver of governmental immunity, Guillory had to demonstrate the following elements: (1) she was a public employee; (2) she made a good faith report of a violation of law; (3) she

Vandam Estate v. Mid-America Sound

25 N.E.3d 165 · Indiana Court of Appeals · Jan 14, 2015

A reviewing court should nullify a statute on constitutional grounds only where such result is clearly rational and necessary. Id. 1. Open Courts Ind. Const. art. … The State’s consent to be sued, as represented by the ITCA, therefore is not uniformly applied and available to all qualified claimants, as required by Collins. McCall is distinguishable.

Moran v. City of Chicago

286 Ill. App. 3d 746 · Appellate Court of Illinois · Feb 5, 1997

immunity. … In view of our finding that the plaintiff has failed to sufficiently plead his section 1983 claim, we need not discuss the issue of qualified immunity. 7 In his appellant’s brief, the plaintiff asks this court to order the

Bellavance v. State

390 So. 2d 422 · District Court of Appeal of Florida · Nov 13, 1980

We conclude that, as applied to these contentions of plaintiffs, the four questions heretofore posed clearly and unequivocally demand affirmative answers. (e.s.) … The court found that these were "operational, ministerial or housekeeping functions," for which suit would lie, but concluded that the record failed to establish negligence.

Neal v. Davis Nursing Ass'n

470 S.W.3d 281 · Court of Appeals of Arkansas · Sep 16, 2015

The sole issue on appeal is whether the trial court properly concluded that Davis was immune from suit. … Davis failed to establish that forgiving uncollectable debt is equivalent to providing free services.

Roman v. City of Plainfield

388 N.J. Super. 527 · New Jersey Superior Court Appellate Division · Nov 6, 2006

City of Newark . . . that Stewart establishes an absolute municipal immunity for deteriorated sidewalks." … The court reached that conclusion because the language of N.J.S.A. 59:4-2 itself establishes only a partial and qualified immunity for dangerous conditions of public property. Id. at 440 , 734 A. 2d 762 .

Sipp v. Buffalo Thunder, Inc.

505 P.3d 897 · New Mexico Court of Appeals · Dec 8, 2021

The court dismissed the case, concluding that “Plaintiffs have not established an express abrogation or waiver of Defendants’ sovereign immunity as required to establish subject matter jurisdiction here.” … {20} In this case, Defendants’ arguments as to why Sipp does not qualify as a visitor largely consist of points we considered and rejected in Guzman.

City of Olmos Park, Texas v. Brandon J. Grable

Texas Court of Appeals, 8th District (El Paso) · Oct 30, 2024

(immunity is waived by clear and unambiguous statutory language). A plaintiff who sues the State must establish the State's consent to suit. Texas Dep't of Transp. v. … Despite the failure to plead facts establishing a waiver of immunity and subject matter jurisdiction, Appellee nevertheless asserts that case law permits a mandamus action where a requestor disagrees with the Attorney General

Julian v. Mission Community Hospital

California Court of Appeal · May 23, 2017

Qualified immunity, however, “shields public officers from section 1983 actions unless the officer has violated a clearly established constitutional right” (Mendoza v. … ‘If no constitutional right would have been violated were the allegations established,’ then the qualified immunity inquiry ends. [Citation.]

Tanner v. East Texas Mental Health, Inc.

889 S.W.2d 3 · Texas Court of Appeals, 12th District (Tyler) · Jan 10, 1995

The Center is a unit of local government established jointly by five East Texas counties and governed and administered by an appointed board of trustees. … The allegation that the Center failed to provide door stops, locks, or chains is clearly aimed at the Center’s failure to develop a policy with regard to the manner in which medication is administered to the Center’s residents

University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

Texas Court of Appeals, 4th District (San Antonio) · May 7, 2015

In Klein, a different statutory scheme enabled a private university teaching hospital to qualify as a state agency, and therefore its employee, the defendant-doctor, qualified as an employee of a state agency for the purpose … According to Refaey, this Black’s-attributed definition is consistent with how “officer” is used in section 51.014(a)(5) and clearly excludes peace officers.

Houghton v. Miller

529 Utah Adv. Rep. 15 · Court of Appeals of Utah · Jun 30, 2005

Plaintiffs argue that the trial court erred in determining that the property qualified for the PPR exemption, see Utah Code Ann. § 78-23-3 (2002), at the time Plaintiffs established a lien on the property and that their prejudgment … In Sanders , the Utah Supreme Court declared that “the homestead is immune from judgment lien, execution!