Case law

Karen Hall v. City of Bryan, Texas

Texas Court of Appeals, 10th District (Waco) · Jul 24, 2014

Sovereign Immunity We next address the City’s assertion of sovereign immunity. See Rusk State Hosp. v. … On appeal, the City also argues that Hall has not established a waiver of immunity because Hall failed to establish legislative consent expressly granting consent for a Hall v.

Betts-Lucas v. Hartmann

87 S.W.3d 310 · Missouri Court of Appeals · Jul 30, 2002

The failure to satisfy that duty clearly constitutes conduct arising out of Hartgrave’s official duties. … Regarding official immunity, the line between a discretionary and ministerial duty is not clearly demarcated, however. It depends upon the nature of the act and “the degree of reason and judgment required.” Id. at 681 .

Robbins v. HIP of New Jersey

264 N.J. Super. 572 · New Jersey Superior Court Appellate Division · Apr 2, 1993

Again, had the Legislature intended to immunize HMOs from negligence in connection with the provision of health care services and supplies, it could have easily and clearly stated this goal. … , it was able to clearly and unambiguously express its intent to do so.

Bakes v. Denver Health

2025 COA 47 · Colorado Court of Appeals · May 8, 2025

Not only is it moot, but it no longer satisfies the requirement that immediate review would promote a more orderly disposition or establish a final disposition of the litigation. … ¶ 17 By contrast, CADA prohibits an employer from, among other things, taking adverse action against a qualified employee because of their disability, race, creed, color, sex, sexual orientation, gender identity

Kellums v. Freight Sales Centers

10 Fla. L. Weekly 1055 · District Court of Appeal of Florida · Apr 25, 1985

Robert was contacted by National and made several statements regarding Kellums, which, if not true, would have been clearly slanderous. Contending that these statements were false, Kellums sued appellees for slander. … Certainly no reasons of policy can be found for conferring immunity upon the foolish and reckless defamer who blasts an innocent reputation without making any attempt to verify his statements; but on the other hand there

Richmond v. City of Asheville

242 N.C. App. 252 · Court of Appeals of North Carolina · Jul 7, 2015

However, the retirement documents submitted to the State Retirement System ("the Retirement System") contain evidence of multiple alterations to make it appear that Clark did qualify for retirement. … Richmond's failure to establish malice, an element of that claim, does not render the remedy inadequate. See, e.g., Rousselo v.

Williams v. Houston Firemen's Relief & Retirement Fund

121 S.W.3d 415 · Texas Court of Appeals, 1st District (Houston) · Oct 17, 2003

We further hold that the City is immune to Williams’s Trust Code and common law claims under the doctrine of sovereign or governmental immunity and that the trustees are immune under the doctrine of official immunity. … To determine objective legal reasonableness, the courts “look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official

David C. Goad v. the County of Guadalupe, Texas

Texas Court of Appeals, 4th District (San Antonio) · Jan 13, 2015

To determine whether an official is entitled to qualified immunity, two questions must be answered: (1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, was the … To overcome a claim of qualified immunity, a plaintiff must establish that the right an official is alleged to have violated was "clearly established."' i.e., sufficiently clearly defined that " a reasonable official would

Griffin v. Allis-Chalmers Corp. Product Liability Trust

240 Or. App. 137 · Court of Appeals of Oregon · Dec 29, 2010

In response, and in addition to the evidence set out above, plaintiffs attorney submitted an ORCP 47 E affidavit 2 averring that he had “retained unnamed expert witnesses who are qualified, willing and available to testify … We *146 decline to extend the raw material supplier doctrine articulated in Hoyt to immunize Union Carbide from potential liability. Reversed and remanded.

Borne Ex Rel. Borne v. Northwest Allen County School Corp.

532 N.E.2d 1196 · Indiana Court of Appeals · Jan 17, 1989

The school corporation contends that its failure to raise the governmental immunity defense in its answer did not prejudice the Bornes because it clearly raised this defense in its motion for summary judgment, thereby affording … Therefore, "[the governmental entity seeking to establish immunity bears the burden of proving that the challenged act or omission was a policy decision made by consciously balancing risks and benefits. Little v.

Texas Department of Aging and Disability Services Dba San Antonio State Supported Living Center v. Adrian Comer

Texas Court of Appeals, 4th District (San Antonio) · Jan 24, 2018

After a hearing, the trial court denied the plea, and DADS appeals arguing that its immunity from suit was not waived. 3 IMMUNITY FROM SUIT Governmental units have immunity … “To establish a prima facie case of disability discrimination, a plaintiff must show that (1) he has a ‘disability;’ (2) he is ‘qualified’ for the job; and (3) he suffered an adverse employment decision because of his disability

Jones v. Packel

20 Pa. Commw. 606 · Commonwealth Court of Pennsylvania · Aug 1, 1975

First, plaintiff requests this Court to strike down sovereign immunity from the body of Pennsylvania law. … This concept of prior restraint advocated by plaintiff is clearly an anathema in a system structured upon the division and delegation of powers among three independent and coequal branches of government.

Maudsley v. State

323 N.J. Super. 579 · New Jersey Superior Court Appellate Division · Jul 27, 1999

immunity. … II In Point I, plaintiffs argue that the trial court erred in dismissing the § 1983 claims against the County defendants based on defendants’ qualified immunity. We decline to address this point.

Rieger v. Montgomery County Clerk of Courts, 22575 (1-30-2009)

2009 Ohio 426 · Ohio Court of Appeals · Jan 30, 2009

The court reasoned that Rieger had failed to establish an exception to the judicial immunity conferred on the Clerk of Courts and had failed to identify any legal reason why the order should not have been posted. … Judicial immunity is established in R.C.

Texas Workers' Compensation Commission v. City of Eagle Pass/Texas Municipal League Workers' Compensation Joint Insurance Fund

14 S.W.3d 801 · Texas Court of Appeals, 3rd District (Austin) · Mar 9, 2000

While it is well established that sovereign immunity protects the federal government from state suits and vice versa, this immunity stems from the basic precept of federalism that the federal and several state governments … Read in its entirety, the Act clearly subjects political subdivisions to administrative penalties.

Paddock v. Tuscola & Saginaw Bay Railway Co.

225 Mich. App. 526 · Michigan Court of Appeals · Dec 23, 1997

MCL 257.668(2); MSA 9.2368(2), quoted above, clearly states that county road commissions will be immune from liability for failure to erect warning signs at railroad intersections “unless such devices or signs were ordered … Clearly, under Cryderman , the trial court’s grant of summary disposition in favor of defendant highway commission would have been improper.

Barnard v. State

642 A.2d 808 · Superior Court of Delaware · Nov 17, 1992

Thus, if Barnard were not an inmate, he would no doubt qualify for workmen’s compensation benefits as an employee of CDS. … Sovereign Immunity In its brief, the State speculates that the DOC “may be immune” from the instant claim and that the “defense of sovereign immunity must be considered.” Appellee’s Answering Brief at 17.

Jones v. Bitner

300 Mich. App. 65 · Michigan Court of Appeals · Mar 21, 2013

Accordingly, this Court held that “through the Child Protection Law the Legislature intended to abrogate established immunity rales of the common law related to persons required to report abuse and neglect.” … In spite of its knowledge regarding the GTLA, the Legislature has not amended the mandatory reporting statute to clearly provide that it abrogates the later-enacted governmental immunity statute.

Candace Young v. Washington County, Tennessee

Court of Appeals of Tennessee · Oct 29, 2012

Hancock testified that Moore’s credentials, at that point in time, qualified him to work as a probation officer. … App. 2003), we held that “[i]t is well-settled that an act or omission is considered operational and immunity is removed when . . . the conduct deviates from an established plan or policy.” Id. at 48 (citing Chase v.

Summitt ex rel. Boyd v. Roberts

903 S.W.2d 631 · Missouri Court of Appeals · Jul 25, 1995

Missouri law clearly establishes in § 227.210 that, “The state highways as designated in section 227.020 shall be under the jurisdiction and control of the commission_” Furthermore, § 227.030.1 provides that construction … Farrington, 844 S.W.2d 517 (Mo.App.1992), as controlling, contending that “ownership” of the subject property is not an element needed to establish a waiver of sovereign immunity; rather it is the extent of the entity’s exercise