Case law

Rahmaan v. DeKalb County

300 Ga. App. 572 · Court of Appeals of Georgia · Oct 21, 2009

Lang, 274 Ga. 122, 123 (1) ( 549 SE2d 341 ) (2001) (doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity). 3 In denying … these defendants’ prior motion for summary judgment based upon sovereign *573 immunity, the trial court concluded that DeKalb County had waived such immunity to the extent of any insurance policy under the ambit of the statute

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.

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.

Kuehner Et Ux. v. Parsons

107 Pa. Commw. 61 · Commonwealth Court of Pennsylvania · Jun 22, 1987

Summary judgment is only proper when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact and the moving party clearly establishes that it is entitled … The statute, however, clearly states that fraud and willful misconduct are excluded from the exceptions to immunity. 42 Pa. C. S. §8542(a)(2).

Southwestern Bell Telephone, L.P. D/B/A AT & T Texas v. Ed Emmett, El Franco Lee, Sylvia Garcia, Steve Radack & Jerry Eversole, as Members of the Harris County Commissioners' Court, Michael Marcotte, as Director of the City of Houston Department of Public Works and Engineering, and the City of Houston

Texas Court of Appeals, 14th District (Houston) · May 9, 2013

waive governmental immunity, and . . . … ’s relocation costs were “not clearly within the statute’s purview.”

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.

Craig v. Amos

2026 Ohio 129 · Ohio Court of Appeals · Jan 14, 2026

In finding that the informant enjoyed absolute immunity, as opposed to qualified, the Court held that: An affidavit, statement or other information provided to a prosecuting attorney, reporting the actual … In both cases, the Court held the immunity in question was qualified rather than absolute, such that the immunity can be abrogated by malicious intent or bad faith conduct.

Levi Rudder v. Curtis Parrish, County Judge of Lubbock County; Texas Supreme Court, Through Nathan L. Hecht, as Chief Justice; Unknown Number of John and Jane Does

Texas Court of Appeals, 7th District (Amarillo) · Apr 7, 2026

Through his suit, Rudder challenged the constitutionality of law and policies that regulate the licensed and unlicensed practice of law, arguing the rules unlawfully bar qualified people from assisting others in probating … Rudder has not established any consent to suit applies here. Moreover, “Texas has adopted absolute judicial immunity.” Spease v. Olivares, 509 S.W.3d 512, 516 (Tex. App.—El Paso 2016, no pet.).

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.

Powell v. Cleveland

202 N.E.3d 794 · Ohio Court of Appeals · Dec 1, 2022

Todd is readily distinguishable because the alleged hazardous conditions in the roadway were potholes, and it is well-established that a pothole in the roadway may qualify as a hazardous condition. … Accordingly, the Powells have failed to satisfy their reciprocal burden of presenting evidence to establish a genuine issue of material fact regarding whether the steel plate or dip were obstructions to remove immunity

Commonwealth v. Tyson

800 A.2d 327 · Superior Court of Pennsylvania · May 29, 2002

In adopting this qualified privilege, this Court stated that the party seeking disclosure must establish the following to overcome the privilege: (1) it *332 exhausted attempts to obtain the information from other sources … The court’s December 13, 2000, order clearly indicates that the dominant purpose of the contempt sanction was to coerce appellants into complying with the subpoenas.

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

EPGT Texas Pipeline, L.P. v. Harris County Flood Control District

176 S.W.3d 330 · Texas Court of Appeals, 1st District (Houston) · Sep 24, 2004

Thus, as movant on the affirmative defense of sovereign immunity, HCFCD has the burden to establish all the essential elements of the defense as a matter of law. Montgomery v. Kennedy, 669 S.W.2d 309, 310-11 (Tex.1984). … Once a movant establishes sovereign immunity as a matter of law, the burden of production shifts to the non-movant to establish a waiver of immunity. See Medrano v. City of Pearsall, 989 S.W.2d 141, 144 (Tex.App.

Alvernest Mills v. County of Winnebago

104 Ill. App. 2d 366 · Appellate Court of Illinois · Jan 13, 1969

, clearly evidences, not only their knowledge of the existing statute, but their intent with relation to acts of sheriffs and their deputies in the performance of their duties. … O’Connor, 19 Ill2d 337, 340, 167 NE2d 188 (1960), still the General Assembly has the right to enact legislation establishing total immunity or partial immunity if it does so within the framework of our Constitution.

Moulton v. State

114 A.D.3d 115 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2013

More recently, the Second Circuit held that, as of its 2006 decision in Earley , it was clearly established, for purposes of qualified immunity, that administrative imposition of PRS violated federal due process guarantees … immunity.