Case law

Braillard v. Maricopa County, Maricopa County Sheriff's Office

Court of Appeals of Arizona · May 27, 2010

(iv) Qualified immunity ¶39 Nor are we persuaded by the claims of qualified immunity asserted by the detention officers, Rodriguez, and Arpaio in his personal capacity.10 The doctrine of qualified immunity … Instead, the Court has held a right is clearly established when “in the light of pre-existing law the unlawfulness . . . [is] apparent.”11 Hope v. Pelzer, 536 U.S. 730, 739 (2002).

Starnes v. International Harvester Co.

141 Ill. App. 3d 652 · Appellate Court of Illinois · Mar 17, 1986

When only qualified privilege is granted, the person making the statement is immune from liability unless some element such as malice is present. … The court recognized that not all complaints to administrative agencies had that immunity but if the agency had judicial powers, the same consideration requiring immunity for complaints to courts were operative.

Wells v. Anderson

8 Kan. App. 2d 431 · Court of Appeals of Kansas · Mar 10, 1983

In Fugit, however, the individual defendant, a test pilot employed by Beechcraft, was clearly acting within the course and scope of his employment. … We conclude that mere co-employee status is not sufficient for immunity. There must be some connection between the defendant’s acts and his employment for immunity to attach.

Laura Liebal as Next Friend and Guardian of M.M., a Minor v. Belvedere Fire Company

Superior Court of Delaware · Mar 5, 2025

this matter, clearly aware of the pleading burden placed upon her to bring this claim outside the protections of the immunity statute, takes aim at the individual defendants with several allegations of wrongdoing. … Defendant Pearson is clearly not immune, for his conduct was about as wanton as it gets.

Coburn v. City of Dyersburg

774 S.W.2d 610 · Court of Appeals of Tennessee · Mar 29, 1989

liable for any claim arising under state law for which the governmental entity has immunity under the provisions of this chapter unless the governmental entity has expressly waived such immunity. … Clearly, plaintiff is not an intended beneficiary of the insurance contract between DES and the insurer.

Ryan v. Fox Television Stations, Inc.

979 N.E.2d 954 · Appellate Court of Illinois · Oct 23, 2012

a standard for invoking immunity under the Act. … See id. ¶ 45; see also id. ¶ 50 (“We believe that, had the legislature intended to radically alter the common law by imposing a qualified privilege on defamation within the process of petitioning the government

Crafton v. State

450 N.E.2d 1042 · Indiana Court of Appeals · Jun 28, 1983

After a short recess, Sells stated, "Judge, I want to qualify that immunity a little bit. I want to make it in accordance with the statute. I don't think I'm authorized to grant any immunity in excess of the statute." … EPPERLY'S PATTERSON STATEMENT Debbie Epperly was called as a witness by the State, and after some preliminary questions establishing that she had been arrested for Barker's robbery and was granted immunity in exchange for

Hamed v. Pfeifer

647 N.E.2d 669 · Indiana Court of Appeals · Mar 13, 1995

The federal court's ruling clearly permitted Pfeifer to use the tape recording at trial in an attempt to prove General Accident's defense, albeit unsuccessful, of fraud. … Gastineau (1991), Ind.App., 568 N.E.2d 1020 , 1024 trans. denied (qualified privilege); Boydston v. Chrysler Credit Corp. (1987), Ind.App., 511 N.E.2d 318, 321 (same).

Carey v. Siepmann

316 Or. App. 470 · Court of Appeals of Oregon · Dec 15, 2021

establish abuse of the privilege. … three opportunities to allege facts in their complaint sufficient to establish a claim but were unable to do so,” and plaintiffs have not assigned error to that ruling.

Sandra S. Marshall v. Sheila K. Deverger

Court of Appeals of Georgia · May 30, 2014

A waiver of sovereign immunity “must be established by the party seeking to benefit from the waiver.” (Citation and punctuation omitted.) Fulton-DeKalb Hosp. Auth. v. Walker, 216 Ga. … Under the doctrine of official immunity, also known as qualified immunity, county officials can be held liable for the negligent performance of ministerial acts within the scope of their authority, but not for discretionary

George MacKie v. Katrin Rouse-Weir.

Massachusetts Appeals Court · Jul 31, 2023

, or, alternatively, qualified immunity because Mackie had not "plausibly alleged facts that Dr. … In the alternative, the defendant argues that she is entitled to qualified immunity.

Wright v. City of Buffalo

137 A.D.3d 1739 · Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

immunity, it must be established that it was objectively reasonable for the police officer [s] involved to believe that [their] conduct was appropriate under the circumstances, or that officers of reasonable competence could … immunity.

Henderson v. State

Connecticut Appellate Court · Jul 1, 2014

We disagree and conclude that both the state and Cathc- art are entitled to the defense of sovereign immunity. We begin with the well established standard of review. … The ‘‘Second Cause of Action’’ alleges that Cathcart is liable to him because she ‘‘violate[d] clearly established statutory, Common-Law, and/or Constitutional Rights,’’ including those set forth in the ‘‘First Cause of Action

Victor Gomez v. State

Texas Court of Appeals, 8th District (El Paso) · Jul 11, 2014

The court may restrict voir dire where the questions are duplicitous or repetitious or where the venireman has already stated his or her position clearly and unequivocally; further, the court may restrict questions that … The trial court ordered that each witness be provided use immunity and separately instructed the witnesses that, other than the commission of perjury, the grant of use immunity cloaked each of them from prosecution for

Robinson v. City of Philadelphia

666 A.2d 1141 · Commonwealth Court of Pennsylvania · Oct 26, 1995

Petrovitch, 161 Pa.Cmwlth. 261 , 636 A.2d 1248 (1994), states clearly that Agresta was overruled by the Supreme Court in Gray . In our view, Robinson’s omission was not mere inadvertence. … Cmwlth. 655, 634 A.2d 677 (1993), as are arguments which counter well established rules of law. Murphy v.

Jamie Allen Harless v. Kenneth E. Nicely

Court of Appeals of Virginia · May 7, 2024

immunity. … In addition, the parties clearly have an interest in protecting the well-being of each and every student.

Junemann, Angela v. Harris County, Linnard Crouch, Elizabeth Smith, Roslyn Ray, Kamika Harvey, Garrison Shields, William Bernard West and Jason Proctor

Texas Court of Appeals, 1st District (Houston) · Jul 3, 2002

We hold that because Crouch's actions qualify as use under the Tort Claims Act, Junemann's pleadings properly raised waiver of immunity. Rushing , 7 S.W.3d at 915 . … Because Crouch did not establish entitlement to official immunity, and because he was using tangible property under the Tort Claims Act, we hold that Harris County has not established its entitlement to sovereign immunity

Bednarik v. Bednarik

18 N.J. Misc. 633 · New Jersey Court of Chancery · Oct 15, 1940

The tests shall be made by duly qualified physicians, to be appointed by the court. … To subject a person against his will to a blood test is an assault and battery, and clearly an invasion of his personal privacy. It involves the sticking of a surgical needle into his body.

BD. OF COM'RS OF COUNTY OF HARRISON v. Lowe

753 N.E.2d 708 · Indiana Court of Appeals · Aug 2, 2001

In determining whether Monroe and Steuben counties were entitled to discretionary immunity, the Pequler court stated, The defendants here seek to establish the defense of immunity. … The State argues that the establishment of a speed limit is the adoption of a rule or regulation by the State which is immune.

Salviejo v. State Farm Fire & Casualty Co.

87 Haw. 430 · Hawaii Intermediate Court of Appeals · Jun 17, 1998

We first examine the public policy abrogating parent-child immunity and interspousal immunity. In Tamashiro v. … The Washington Supreme Court has concluded that case law abrogating intrafamily tort immunity does not establish a “separate public policy sufficient to override” a household exclusion in a homeowner’s insurance policy.