Case law

Radloff v. State

116 Mich. App. 745 · Michigan Court of Appeals · Jun 8, 1982

Clearly this was a proprietary function. … To summarize the preceding, we conclude that the following findings by the trial court were not clearly erroneous: (1) the defendants were not entitled to the defense of governmental immunity; (2) the defendants were in complete

Stasz v. Schwab

17 Cal. Rptr. 3d 116 · California Court of Appeal · Aug 5, 2004

This rule—immunizing arbitrators in private contractual arbitration proceedings from tort liability—is well established in California.” (Moore v. … (Note, Redefining Arbitral Immunity: A Proposed Qualified Immunity Statute for Arbitrators (1993) 44 Hastings L.J. 421 , 430 (hereafter Note), fn. omitted.)

McCann v. State

47 Mich. App. 326 · Michigan Court of Appeals · May 23, 1973

"The Michigan Court of Claims is a court of limited jurisdiction and the State of Michigan having clearly retained its defense of sovereign immunity in this particular action asserted against it by the plaintiff this Court … The issue there was whether the Legislature clearly understood the impact of the distinction between "torts” and "negligence”.

Warren R Cozby and Lillian a Cozby v. the City of Waco, Texas, Jointly and Severally

Texas Court of Appeals, 10th District (Waco) · Dec 4, 2002

or official immunity. … The City did not seek a summary judgment on the basis of its employee’s qualified or official immunity. Thus, we do not have jurisdiction to review that portion of the trial court’s order granting the summary judgment.

University of Texas at El Paso v. Gabriel Soriano

Texas Court of Appeals, 8th District (El Paso) · Jan 29, 2025

UTEP filed a plea to the jurisdiction asserting it was entitled to sovereign immunity because Soriano failed to establish a prima facie case as to each of his claims. Soriano responded, attaching his own affidavit. … Because our ultimate focus remains on whether Soriano can show that he would not have been terminated but for his reports to human resources and to Olmedo, we conclude Soriano has failed to establish a waiver of immunity

Marc Williams, in His Official Capacity as Executive Director of the Texas Department of Transportation; And Kyle Madsen, in His Official Capacity as the Director of the Right of Way Division of the Texas Department of Transportation v. MMP Properties LLC

Texas Court of Appeals, 15th District · Jul 10, 2025

determine title to land is barred by sovereign immunity, but a suit against governmental officials is not barred if the plaintiff establishes the officials’ possession is wrongful. … The plat here does not show clearly demarcated streets and does not contain unequivocable language dedicating Lot 7 to the public.

Brown v. City of Vero Beach

64 So. 3d 172 · District Court of Appeal of Florida · Jun 29, 2011

Thus, on its face, the statute clearly and unambiguously shows the legislature’s intent to limit the statutory waiver of sovereign immunity it created in section 768.28, Florida Statutes. … standard size, shape, color, and definition for each warning and safety flag. (4) The Department of Environmental Protection is authorized, within the limits of appropriations or grants available to it for such purposes, to establish

DIXON FINANCIAL SERVICES, LTD. v. Chang

325 S.W.3d 668 · Texas Court of Appeals, 1st District (Houston) · Feb 18, 2010

In support of its holding that Chang, Johnson, Burnett, and JBC enjoy qualified immunity, the majority relies upon, "as law of the case," Dixon Fin. Servs., Ltd. v. … As alleged, his fraudulent action, "foreign to the duties of an attorney," is not subject to qualified immunity.

State of California v. Superior Court

87 Cal. App. 4th 1409 · California Court of Appeal · Mar 27, 2001

City of Fairfield, supra, 44 Cal.App.3d at page 714 , demonstrates that acts or omissions related to firefighting are immune even if no “equipment” or “facilities” are involved, and holds that the statutes “establish immunity … The referenced provisions of the Vehicle Code establish a qualified immunity for injuries resulting from the operation of emergency vehicles (fire and police) and are not applicable to this case.

Est of Dale Wehner v. Tri-Hospital Emergency Medical Services Corp

Michigan Court of Appeals · Oct 23, 2025

The trial court granted summary disposition to defendants after concluding that the immunity provisions of the emergency medical services act (EMSA), MCL 333.20901 et seq., applied and that plaintiff failed to establish that … Ultimately, the inquiry is quite simple: “to qualify for immunity, a defendant must show, among other things, that the act or omission occurred ‘in the treatment of a patient.’ ” Bartalsky, 337 Mich App at 392.

Thomas v. CLAY COUNTY ELECTION BOARD

261 S.W.3d 574 · Missouri Court of Appeals · Jun 3, 2008

S.D.1992)(stating that the reference to a public entity’s property for purposes of sovereign immunity “clearly refers to ownership of a property interest which allows a public entity to control the property.”); see also Terry … Conclusion James does not establish a bright line 25-foot perimeter test with respect to what constitutes an election board’s property for purposes of sovereign immunity.

KELLEY, LISA v. STATE OF NEW YORK

Appellate Division of the Supreme Court of the State of New York · Nov 20, 2015

Defendant moved for summary judgment dismissing the claim based on its affirmative defense of qualified immunity. … “Under [the] doctrine of qualified immunity, a governmental body may be held liable when its study of a traffic condition is plainly inadequate or there is no reasonable basis for its traffic plan” (Friedman v State of New

Bertram A. Graves, M.D. v. Indiana University Health, f/k/a Clarian Health Partners, Inc., Richard Kovacs, M.D., and Edward Ross, M.D.

32 N.E.3d 1196 · Indiana Court of Appeals · Jun 5, 2015

Specifically, the trial court determined that the Appellees were protected by peer-review immunity, Dr. Graves had not established discrimination, and the claims against Drs. … Graves has failed to establish that the trial court’s decision in this regard is clearly against the logic and effect of the facts and circumstances Court of Appeals of Indiana | Opinion 49A05-1412-PL-560

State of Florida Department of etc. v. Lisa O'Connor, f/k/a Lisa Zane

155 So. 3d 479 · District Court of Appeal of Florida · Jan 19, 2015

The Department rightly points out that sovereign immunity must be clearly and unequivocally waived. … court orders, as O’Connor has established under Chapter 717.

Herrera v. Conner

111 Idaho 1012 · Idaho Court of Appeals · Feb 26, 1987

Under Harlow, supra, the test defining the limits of an officer’s good faith immunity is whether the officer’s conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have … The district court ruled that Herrera failed to show that the rights allegedly violated were clearly established at the time of the conduct at issue.

Commonwealth v. OISTER

201 Pa. Super. 251 · Superior Court of Pennsylvania · Jun 13, 1963

The defendant Oister also claims immunity under the Act of April 27, 1927, P. L. 450, §4, as amended, 35 PS §1184. … This act provides immunity only to a person summoned by the State Police and compelled to testify in relation to any matters subject to their inquiry and investigation, the immunity to extend to any matter concerning which

City of Dallas v. Albert

140 S.W.3d 920 · Texas Court of Appeals, 5th District (Dallas) · Aug 27, 2004

It is well established that sovereign immunity from suit protects the State of Texas, its agencies, and its officials from lawsuits for damages unless it is waived by clear and unambiguous consent to suit. See Fed. … The claims presented by appellees are clearly germane to the counterclaims brought by the City. Accordingly, the City has waived its governmental immunity from appellees’ suits. See id.

Lowman v. Dankert

39 A.D.3d 1273 · Appellate Division of the Supreme Court of the State of New York · Apr 20, 2007

The acts of North and Peters were performed in the exercise of their judicial functions as town justices of the Town of Collins, and those defendants are thus immune from liability (see generally Murray v Brancato, 290 NY … The evidence further establishes that “it was objectively reasonable for [Dankert] to believe that [her] conduct was appropriate under the circumstances,” and thus her conduct is subject to a qualified privilege (Baez v City

Gibson v. Theut

246 Ariz. 297 · Court of Appeals of Arizona · Mar 12, 2019

Looking, as we must, to the allegations in Gibson's complaint, Gibson has alleged sufficient facts to establish causation. … In addition, Gibson alleges Theut and Kilfoy had contracts with the County "and were on a list of attorneys who were pre-qualified or pre-selected" to serve as a GAL or appointed attorney.

Palmer v. Bartosh

959 A.2d 508 · Commonwealth Court of Pennsylvania · Oct 23, 2008

A demurrer can only be sustained where the complaint clearly is insufficient to establish the pleader’s right to relief. County of Allegheny v. Commonwealth, 507 Pa. 360 , 490 A.2d 402 (1985). … The Act waives governmental immunity only for certain negligent acts of the agency or its employees; where the employee’s conduct is intentional in nature, the local agency retains its governmental immunity. 42 Pa.C.S. §