Case law

Bergeron v. Boyd

223 Cal. App. 4th 877 · California Court of Appeal · Feb 4, 2014

As the defendant was clearly engaged in this latter activity, she is entitled to the protection of such quasi-judicial immunity.” (Howard, supra, 222 Cal.App.3d at pp. 859-860.) … Consequently, the court held the undisputed facts did not establish the horse steward was entitled to the protection of quasi-judicial immunity if he committed a trespass to chattel.

Mission Consolidated Independent School District v. ERO International, LLP

579 S.W.3d 123 · Texas Court of Appeals, 13th District · Mar 14, 2019

ERO’s own business records clearly indicate that the last original invoice for 5 payment was created on October 13, 2014. … In the present case, the pleadings affirmatively established that the conditions of section 271.154 have not been met.

Prince George's County v. Longtin

190 Md. App. 97 · Court of Special Appeals of Maryland · Jan 27, 2010

Lee also held that MTCA provisions conferring qualified immunity on employees could be applied in a State constitutional tort case, as long as the claimant is able to recover against the State. 384 Md. at 262 , 863 A.2d 297 … Caraway, 312 Mont. 1 , 58 P.3d 128, 139 (2002) (In cases involving claims for violations of state constitutional rights, "most state courts which have considered the issue have followed the federal law of qualified immunity

Town of Highland v. Zerkel

659 N.E.2d 1113 · Indiana Court of Appeals · Dec 29, 1995

[TThe court now finds that the Town of Highland is not immune for the conduct complained of insofar as it has not established that a policy oriented decision-making process as required by Peqvier was utilized in this case … Because the evidence clearly established that under Highland's sidewalk replacement program the cost of sidewalk maintenance was shared with the homeowner, we do not feel that the jury assigned 100% financial responsibility

Texas Department of Family & Protective Services v. Atwood

176 S.W.3d 522 · Texas Court of Appeals, 1st District (Houston) · Jan 24, 2005

These responsibilities clearly fall to the Roes, not DFPS. In City of Denton v. … A joint venture is not established if any one of the four elements is not present. Id. (citations omitted).

State v. Faison

112 Conn. App. 373 · Connecticut Appellate Court · Jan 27, 2009

The defendant then asked the court to grant immunity to Natale: “[Defense Counsel]: I’m asking that Your Honor order the state to grant him immunity so that he may testify. … “Under the effective defense theory . . . the trial court has the authority to grant immunity to a defense witness when it is found that a potential defense witness can offer testimony which is clearly exculpatory and essential

Holda v. County of Kane

88 Ill. App. 3d 522 · Appellate Court of Illinois · Sep 11, 1980

Stat. 1975, ch. 85, par. 9—103(b)), to waive “ * * * its immunity from suit by reason of the defenses and immunities provided in this Act.” … Arnolt is clearly controlling here; the indemnity provision for the sheriff as stated in the counties act neither creates liability nor provides immunity from suit in any civil action.

Gerlt v. State

339 S.W.3d 578 · Missouri Court of Appeals · Apr 12, 2011

Munn specifically held that “promises of immunity are not binding and constitute no bar to a subsequent prosecution of the immunized witness.” … It should be noted that Munn was decided before the enactment of section 491.205, which established legislative authority for a prosecutor to grant a witness immunity under certain circumstances.

Graves v. Utah County Government

551 P.3d 1029 · Court of Appeals of Utah · May 23, 2024

West Daniels Land Ass’n, 2005 UT App 327, ¶ 11, 120 P.3d 34 (“It is well established that we may affirm the judgment appealed from if it is sustainable on any legal ground or theory apparent on the record, even though such … Salt Lake City Corp., 605 P.2d 1230 (Utah 1980), the Utah Supreme Court adopted a common law definition for governmental function, concluding that to qualify for immunity, “the activity under consideration [must be] of such

DeSoto Wildwood Development, Inc. v. City of Lewisville

184 S.W.3d 814 · Court of Appeals of Texas · Jan 19, 2006

It *825 consists of two separate ideas—immunity from suit and immunity from liability. Id. … Immunity From Suit Waiver of immunity from liability by contract does not, however, waive immunity from suit. See Catalina Dev., Inc. v. County of El Paso, 121 S.W.3d 704, 705 (Tex.2003).

Crandall v. City and County of Denver

143 P.3d 1105 · Colorado Court of Appeals · Oct 10, 2006

Therefore, because the burden to establish notice under the GIA is relatively lenient, and the trial court’s findings must be upheld unless clearly erroneous, we conclude that the court did not err in finding that plaintiffs … Furthermore, once a waiver of immunity is established under the GIA, § 24-10-107, C.R.S.2005, provides that the liability of a public entity shall be determined in the same manner as if the public entity were a private person

City of Jackson v. Calcote

910 So. 2d 1103 · Court of Appeals of Mississippi · Jan 11, 2005

Apparently, the qualifier for immunity under Section 93-21-28 is that the officer must take steps that are reasonably necessary and the measures that the officer takes must be reasonable as well. … The qualifier for immunity under Section 93-21-27 is that the arrest or act must be in good faith. Accordingly, neither of these statutes set forth an absolute bar to recovery.

Pattullo-Banks v. City of Park Ridge

2014 IL App (1st) 132856 · Appellate Court of Illinois · Nov 17, 2014

. ¶ 15 It is well established that the Tort Immunity Act does not create duties; “[r]ather, the Act merely codifies those duties existing at common law, to which the subsequently delineated immunities … The court in Kiel still clearly recognized the duty of a city to clear unnatural accumulations of ice and snow from its sidewalks.

State v. Ruegge

21 Neb. Ct. App. 249 · Nebraska Court of Appeals · Sep 10, 2013

App. 249 establish that Vande Mheen had actually obtained the stolen generator/welder from someone other than Ruegge. … The motion was clearly untimely, and as such, we do not review Ruegge’s assertions about the motion for a mistrial on appeal.

City of San Antonio v. Butler

131 S.W.3d 170 · Texas Court of Appeals, 4th District (San Antonio) · Feb 25, 2004

“Powers of the City,” paragraph 1, “General Powers,” states, in pertinent part: The City may sue and be sued, plead and be impleaded in all courts, have a corporate existence, contract and be contracted with, ordain and establish … Furthermore, the City clearly retained all immunities granted by the laws of Texas, which includes the limitation on tort liability and corresponding immunity from suit set out in the TTCA.

Tarrant County Democratic Party v. Steen

434 S.W.3d 188 · Court of Appeals of Texas · Feb 19, 2014

I respectfully dissent from the decision to deny appellee’s motion for en banc reconsideration because appellants clearly did not meet the statutory prerequisites necessary to invoke a waiver of sovereign immunity under section … Because appellants failed to establish they met the statutory prerequisites necessary to invoke waiver of sovereign immunity under section 173.086(a), and I do not believe this court may engage in the type of inference-finding

Texas Parks and Wildlife Department v. Fernando Flores

Texas Court of Appeals, 3rd District (Austin) · Aug 10, 2012

In this interlocutory appeal, TPWD argues that the trial court erred in denying its plea to the jurisdiction because Flores did not establish a waiver of sovereign immunity. See Tex. Civ. Prac. & Rem. … In its sole issue on appeal, TPWD contends that the trial court erred in denying its plea because the legislature has not clearly and unambiguously waived sovereign immunity from suit under the Anti-Retaliation Law, as

City of Peru v. Lewis

950 N.E.2d 1 · Indiana Court of Appeals · May 17, 2011

State, 259 Ind. 55 , 284 N.E.2d 733 (1972), our Supreme Court, in concluding that “establishing categories of governmental immunity was best left to the legislature,” took the step to abrogate “the common law doctrine of … In particular, we held that the defendants’ “negligent performance of duty to extinguish [the] fire[ ] clearly [fell] within the ambit of failure to provide adequate protection.” Id. at 441 .

Tim Pinson, in His Official and Individual Capacity v. Sage Bainter

Court of Appeals of Kentucky · Jun 12, 2026

The applicability of qualified immunity “rests not on the status or title of the officer or employee, but on the function performed.” Id. at 521. … Thus, he cannot claim the protection of qualified official immunity.

City of Abilene v. Victoria Carter

Texas Court of Appeals, 11th District (Eastland) · May 3, 2012

There are two facets to sovereign immunity and its counterpart, governmental immunity: immunity from suit and immunity from liability. Id. … For an act of a governmental entity to qualify as a nuisance without being defeated by the doctrine of governmental immunity, the condition created by the entity must in some way constitute an unlawful invasion of property