Case law

NORMAN GUNDEL v. AV HOMES, INC. AND AVATAR PROPERTIES, INC.

264 So. 3d 304 · District Court of Appeal of Florida · Feb 1, 2019

Leigh, 145 So. 3d 1006, 1008 (Fla. 1st DCA 2014) ("When the trial court denies a motion to dismiss on immunity grounds, certiorari review of the non-final order is proper because absolute immunity protects a party from … Clark, 722 So. 2d 232, 233 (Fla. 2d DCA 1998) (discussing the shifting burden for motions to dismiss based on qualified immunity).

Sedgwick Claims Management Services, Inc. v. Feller

163 So. 3d 1252 · District Court of Appeal of Florida · May 15, 2015

Harter, 152 So.3d 705, 711 (Fla. 1st DCA 2014) (“It is well-established that ‘work product retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is

Gunn v. Lane County

173 Or. App. 97 · Court of Appeals of Oregon · Mar 14, 2001

See Tanner, 157 Or App at 521-23 (discussing the different levels of scrutiny applied to statutes once true classes are established). … The legislature reasonably could conclude that extending immunity to government employees is necessary to ensure that qualified persons will work for the government.

Ernesto C. Ching, M.D. v. Methodist Childrens Hospital and Methodist Hospital, Lubbock, Texas

Texas Court of Appeals, 7th District (Amarillo) · Mar 10, 2003

Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals' summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures … Ching argues that this immunity "vanished" because the Hospitals acted maliciously.

Wonnum v. Way, III

Superior Court of Delaware · Jul 25, 2017

DuPont de Nemours & Co., 26 A.3d 162, 166 (Del. 2011)). 5 negligence.15 Plaintiff must establish the absence of only one of these elements to defeat qualified immunity under the … Plaintiff must establish one of three possible avenues of relief in order to defeat the DOC Supervisory Defendants’ qualified immunity under the State Tort Claims Act:28 (i) non-discretionary action; (ii) bad faith; or

Gonzales v. Hollins

386 N.W.2d 842 · Court of Appeals of Minnesota · May 20, 1986

Clearly, the City is entitled to summary judgment. As the non-moving party, Metro Square had to establish material fact issues. See Ahlm v. Rooney, 274 Minn. 259, 262-63 , 143 N.W.2d 65, 68 (1966). … The photographs of the stop sign taken by police officer Johnston on the night of October 31, 1983, shortly after the accident, clearly establishes a stationary stop sign and a covered semaphore.

Harry Luther v. Billy Compton

Court of Appeals of Tennessee · Mar 17, 1998

The trial court further found that these Defendants were protected by qualified immunity since they were performing discretionary functions as government employees and that their “conduct did not violate any clearly established … Luther’s federal claims of deliberate deprivation of his individual rights qualify as “mere conclusory allegations” and are wholly unsupported by any objective facts. Id.

BD. OF REGENTS OF U OF M v. Reid

522 N.W.2d 344 · Court of Appeals of Minnesota · Sep 30, 1994

Established in 1851 by virtue of territorial act and perpetuated by our state constitution in 1857, the University is a constitutional arm of Minnesota state government. Winberg v. … Because absolute immunity bars Reid and Tylko’s defamation claims, we need not address the University’s arguments concerning qualified privilege and discretionary immunity.

Wilson v. Waukesha County

157 Wis. 2d 790 · Court of Appeals of Wisconsin · Aug 29, 1990

We will reject an interpretation which ascribes different meanings to the same word as it variously appears in a statute unless the context clearly requires such an approach. General Castings Corp. v. … The trial court directed summary judgment against Wilson, reasoning that she had not established reckless or malicious behavior on the part of the county.

State v. Haddix

2018 Ohio 2833 · Ohio Court of Appeals · Jul 16, 2018

Clearly, defendant wishes to have his cake of citizenship and eat it too. … Similarly, it has never granted immunity status to [DOUGLAS EDWARD HADDIX]. Thus, [Appellant] is precluded from asserting sovereign immunity. United States v.

Farmer v. McClure

172 Ill. App. 3d 246 · Appellate Court of Illinois · Jun 28, 1988

Plaintiff was hired as a DOC apprehensions specialist on December 17, 1984, after achieving a “well qualified” score on his examination. … Injunctive relief is appropriate where a lawful right is certain and clearly ascertainable and when irreparable harm and an inadequate remedy at law are established. (Distaola v.

Azizi v. Board of Regents of the University System

132 Ga. App. 384 · Court of Appeals of Georgia · Jun 24, 1974

The doctrine of sovereign immunity has continued in force in this state since 1784, and it has not been modified by statute except in certain qualified instances not relevant here. … Constitution, Resolution No. 68, passed by the General Assembly in 1973 when the writer was a member of the Senate, by which, if approved by the electorate in November, 1974, the General Assembly would be "authorized to create and establish

Midwest Bank & Trust Co. v. Village of Lakewood

113 Ill. App. 3d 962 · Appellate Court of Illinois · Apr 8, 1983

Defendants contended that immunities established by the Local Governmental and Governmental Employees Tort Immunity Act (111. Rev. … With regard to the damages portion of the complaint, defendants’ motion was based upon the statutory immunities established in the Local Governmental and Governmental Employees Tort Immunity Act (hereinafter cited as the

Ramsey v. City of Forest Park

204 Ga. App. 98 · Court of Appeals of Georgia · Apr 29, 1992

Additionally, when a municipality or county obtains immunity under either of these statutes, it is obtaining a form of sovereign immunity as it is a “sovereign” and it is obtaining “immunity.” … of an issue, the case may nevertheless be decided as a matter of law where [as here] the evidence shows clearly and palpably that the jury could reasonably draw but one conclusion.’ ” Strickland v.

David v. Matter

96 N.E.3d 1012 · Ohio Court of Appeals · Aug 25, 2017

An “employee’s entitlement to statutory immunity is a separate question from the plaintiff’s ability to establish the elements of his or her claim.” Argabrite v. Neer, 149 8. … In finding that the latter of the two options is appropriate, the majority holds that a claim of negligent infliction of emotional distress may be brought against a political subdivision employee who would otherwise qualify

White v. Norton Healthcare, Inc.

435 S.W.3d 68 · Court of Appeals of Kentucky · Jun 13, 2014

In Peyton , the Court stated: KRS 620.050(1) clearly states that a reporter (of dependency, neglect, or abuse) has immunity in either of two situations: where the reporter is acting upon reasonable came, or where the reporter … Clearly, the General Assembly did not intend on granting immunity only to take it away because that would lead to an absurdity and any interpretation that leads to an absurdity must be rejected.

Hu v. City of San Jose

California Court of Appeal · Sep 8, 2025

And subdivision (c) extends qualified immunity to “[a]ny paved trail, walkway, path, or sidewalk on an easement of way which has been granted to a public entity, which easement provides access to any unimproved property.” … The statute extends immunity—absolute or qualified—for injuries on “unpaved road[s],” “[a]ny trail[s],” and “paved trail[s], walkway[s], path[s], or sidewalk[s] on [certain] easement[s] . . . provid[ing] access to any unimproved

Denton County v. Howard

22 S.W.3d 113 · Court of Appeals of Texas · Jun 15, 2000

consent to sue the State. 5 The doctrine of sovereign immunity embraces two distinct principles: immunity from liability and immunity from suit. 6 Immunity from liability protects the State from judgment even if the Legislature … Sovereign immunity is waived and abolished to the extent of liability for the relief allowed under this chapter for a violation of this chapter. 22 This court has held that the Act clearly and unambiguously waives the State

In Re The Complex Litigation Div. Of Wa Ag

Court of Appeals of Washington · Mar 2, 2026

When this question is asked of the Archdiocese, the longstanding establishment in Western Washington of one of the world’s most ancient and most cultivated religions, it clearly qualifies. … of citizens, which are clearly embraced by the general description of privileges deemed to be fundamental: to which may be added, the elective franchise, as regulated and established by the laws or constitution

Pierce Nelson Hoempler v. State of Florida

District Court of Appeal of Florida · Mar 26, 2025

We agree with the defense that the 911 recording qualified for admission as either an excited utterance or spontaneous statement. See Thompson v. … This ruling cannot be deemed a deviation from established law. See Darling v.