Case law

Revolta 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.

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

Fenning v. SG Holding Corp.

47 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.

Veldhuis v. Allan

164 Mich. App. 131 · Michigan Court of Appeals · Sep 2, 1987

The function of a motion for summary disposition under MCR 2.116(0(10), is well established: A motion for summary judgment under GCR 1963, 117.2(3), now MCR 2.116(0(10), asserts that no genuine issue of material fact exists … The immunity in this section shall not apply to a person, organization, or entity that acts with malice.

City of Santa Cruz v. Superior Court

198 Cal. App. 3d 999 · California Court of Appeal · Feb 22, 1988

Also, Gabrielsen does not hold himself out as qualified in the areas of fluvial mechanics, coastal processes, hydrology and geomorphology, nor does he claim expertise regarding the processes operating in the San Lorenzo River … Other decisions have noted that the legislative history of Government Code section 831.2 clearly shows the Legislature intended to preclude liability for unimproved natural conditions unless the public entity engaged *1007

Darren B. Swain v. Corporal Jason Hutson, Officer Dora Dewall, Sergeant Daniel Henning, Court Clerk Norma Williams, Judge Stewart Milner, Judge Rosalia Maddock, and Does 1-5

Texas Court of Appeals, 2nd District (Fort Worth) · Oct 8, 2009

And in his prayer, he asks us to remand this case “with instructions establish[ing] [section 1983] as the ‘law of the case.’” … (“Moreover, state and federal constitutional claims are not barred by immunity.

Prince George's County v. Blumberg

44 Md. App. 79 · Court of Special Appeals of Maryland · Nov 7, 1979

Public officials, said the court, have a qualified immunity of their own, which is independent from that of the county, and rests upon a different basis. … They are “protected by a qualified immunity against civil liability for non-malicious acts performed within the scope of [their] authority.” Id. at 303.

State ex rel. State Community College Board v. Sergent, Hauskins & Beckwith, Inc.

27 Ariz. App. 469 · Court of Appeals of Arizona · Aug 19, 1976

The issue determining both appeals is whether appellant/plaintiffs, the State Community College Board and the Cochise College District Governing Board qualify as the “state” in order to nullify the defense of the statute … The legislation creating the board of directors for community colleges specifically established the Board as a body corporate: “A.R.S. § 15-659.

Campbell v. Porter

212 Conn. App. 377 · Connecticut Appellate Court · May 10, 2022

In their answer and special defenses, the city and J pleaded several special defenses of immunity, including that J was entitled to qualified immunity because his conduct was reasonable under the circumstances … Moreover, when, as here, the defense of qualified immunity has been asserted, ‘‘the defending officer need only show arguable probable cause. . . .

Greer v. State

669 N.E.2d 751 · Indiana Court of Appeals · Oct 15, 1996

In the absence of an objection, the State did not have the burden to affirmatively establish that Greer was informed of and voluntarily waived his Miranda rights. … It is true that the supreme court held that a defendant serving home detention while awaiting trial is "imprisoned awaiting trial" and is therefore qualified for membership in Class I.

Miller v. Acadian Ambulance Serv., Inc.

248 So. 3d 469 · Louisiana Court of Appeal · May 23, 2018

Thus, "[t] he time limitation established by La. … By enacting La.R.S. 40:1133.13, "the Legislature granted EMTs a qualified immunity *478 for liability from ordinary negligence claims; this immunity does not cover intentional or grossly negligent acts or omissions."

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.

Sarah Kyle Ratliff v. Willie Marie McDonald

Court of Appeals of Georgia · Mar 18, 2014

And “[any] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” (Citation and punctuation omitted.) McCobb, 309 Ga. App. at 218 (1) (a). … We note the Deputies may also have had a potential immunity defense to those claims.8 The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees

Dohmen v. Iowa Department for the Blind

794 N.W.2d 295 · Court of Appeals of Iowa · Nov 10, 2010

States enjoy protection from suit in state court as a part of the sovereign immunity they retain under the Tenth Amendment and inherent in the system of federalism established by the Constitution. 2 Alden v. … In addition, the protections under the ADA are limited to those “qualified individuals with a disability.” 42 U.S.C. § 12131 (2).

Sunset Beach Investments, LLC v. Kimley-Horn & Associates, Inc.

207 So. 3d 1012 · District Court of Appeal of Florida · Jan 4, 2017

Sunset Beach’s test would require courts to decide what qualifies as “special education,” what qualifies as “training,” what is acceptable “experience,” and related issues. … These statutory definitions clearly indicate that being an “engineer intern” does not make a person an engineer.

Texas Department of Public Safety v. Ratan Zakir

Texas Court of Appeals, 14th District (Houston) · Apr 4, 2023

That burden consists of establishing a waiver of sovereign immunity in suits against the government. Rattray, 2023 WL 2438952, at *4. … For this reason, the record as it stands does not conclusively establish the defense of official immunity.

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.

Teevin v. Wyatt

75 Wash. App. 110 · Court of Appeals of Washington · Jul 25, 1994

It also filed a counterclaim against Teevin for damage to the firetruck in an amount to be established at trial. … As evidence that the issue was "clearly argued” to the trial court, the City points to the "meretricious buncombe” language in its trial memorandum opposing prejudgment interest.

First Nat. Bank of Santa Fe v. Commissioner of Rev.

80 N.M. 690 · New Mexico Court of Appeals · Sep 5, 1969

App. 594 , 429 P.2d 481 (1967), the building corporation was duly organized and qualified to do business in Arizona. … The Act clearly does not grant permission to the states to tax a national bank with respect to an activity which is ultra vires.

Burrell, B. v. Streamlight, Inc.

222 A.3d 1137 · Superior Court of Pennsylvania · Nov 7, 2019

Defendant therefore clearly had the right to direct and control the -8- J-A24037-19 work that Plaintiff was performing when he was injured. … Aerotek-Streamlight Personnel Agreement ¶1(b); Burrell Dep. at 32-38, 42-43.2 Because the undisputed facts established that Defendant was Plaintiff’s employer under the WCA and was therefore immune from tort liability