Case law
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California Court of Appeal · Jun 22, 2015
The IGRA requires a tribe’s gaming ordinance to establish a licensing system for all “primary management officials and key employees of the gaming enterprise.” … The Court of Appeal reversed, concluding the record failed to establish the defendants qualified as tribal officials or acted within the scope of their official authority.
Cited 0 timesPublishedFulton-DeKalb Hospital Authority v. Fanning
196 Ga. App. 556 · Court of Appeals of Georgia · Jul 12, 1990
Where the defendant asserts an affirmative defense (here, that decedent did not come within the “paying patient” exception to the charitable immunity rule but was a charity patient instead), the burden of establishing such … If a person qualified for free or reduced-rate medical care which is paid for (in whole or in part) by the charitable trust fund, then he is a “charity patient” against whom the immunity may be asserted so as to protect those
Cited 5 timesPublishedBraillard 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).
Cited 0 timesPublishedStarnes 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.
Cited 16 timesPublished8 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.
Cited 26 timesPublishedMcMahon Contracting, L.P. v. City of Carrollton
277 S.W.3d 458 · Texas Court of Appeals, 5th District (Dallas) · Mar 17, 2009
“Mere reference” to a statute does not establish a waiver of governmental immunity and “is not enough to confer jurisdiction on the trial court.” See Tex. Dep’t of Criminal Justice v. … Accordingly, we conclude McMahon did not meet its burden to establish consent and show City’s immunity from suit was waived by “clear and unambiguous language” in the Prompt Payment Act.
Cited 47 timesPublishedState of Texas v. Xerox Corporation Settlement Proceeds
Texas Court of Appeals, 15th District · Jul 10, 2025
To avoid dismissal based on sovereign immunity, a plaintiff must demonstrate either a valid Congressional abrogation of that immunity or a waiver of immunity by the state. Univ. of Tex. at El Paso v. … “Clearly we need to … see if there are certain companies or individuals that are not being totally honest about what they’re doing.”
Cited 0 timesPublishedRyan 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
Cited 27 timesPublished450 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
Cited 6 timesPublished14 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.
Cited 33 timesPublishedSandra 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
Cited 0 timesPublished137 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.
Cited 0 timesPublishedConnecticut 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
Cited 0 timesPublishedJamie 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.
Cited 0 timesPublishedTexas 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
Cited 0 timesPublishedTexas 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
Cited 0 timesPublishedRevolta v. Regional Transit Authority
607 So. 2d 963 · Louisiana Court of Appeal · Oct 29, 1992
The statute establishing the Regional Transit Authority, LSA-R.S. 48:1654, states in pertinent part; A. … In 1960 the legislature waived governmental tort immunity and liability. Mr.
Cited 10 timesPublishedBD. 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.
Cited 8 timesPublishedTexas 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
Cited 0 timesPublished47 N.J. Super. 110 · New Jersey Superior Court Appellate Division · Oct 21, 1957
established ( LaPorta v. … privilege, a much lesser form of immunity, usually inducing a jury issue as to elements of malice, reasonable cause, good faith and the like.
Cited 49 timesPublished
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