Case law

Florence v. Town of Plainfield

50 Conn. Supp. 1 · Connecticut Superior Court · Aug 11, 2006

The bases for the motions are qualified governmental immunity and a lack of proximate causation. … As municipal employees engaged in discretionary functions, these defendants possess qualified governmental immunity from liability unless some recognized exception dissolves that immunity. See Tryon v.

State v. Hess

9 Ariz. App. 29 · Court of Appeals of Arizona · Jan 14, 1969

The trial court determined that each of these witnesses was qualified to render an opinion as to the cause of the fires. … , was not presented and the remarks of the court on that occasion are clearly obiter.

Luckey v. City of New York

120 A.D.3d 403 · Appellate Division of the Supreme Court of the State of New York · Aug 7, 2014

The City’s reliance on governmental immunity is unavailing, since there are triable issues of fact as to whether the death was caused in part by a negligent failure to comply with mandatory rules and regulations of the New … Powell also failed to establish her entitlement to qualified immunity (see Anderson v Creighton, 483 US 635, 638 [1987]). The court correctly dismissed plaintiffs’ section 1983 claim against Perry.

the University of Texas Medical Branch at Galveston v. Kai Hui Qi

402 S.W.3d 374 · Texas Court of Appeals, 14th District (Houston) · May 30, 2013

They contend that Qi’s petition failed to allege “adequate grounds or facts to establish a waiver of sovereign immunity under the Texas Tort Claims Act or any other statute or constitutional provision.” … Act as the evidence conclusively established that the appellee’s alleged injuries and damages were not proximately caused by the negligent use of tangible personal property.”

Lawlor v. Cloverleaf Memorial Park, Inc.

106 N.J. Super. 374 · New Jersey Superior Court Appellate Division · Jul 10, 1969

Schwabacher's affidavit did no more than establish that the association, rather than the corporation, held title to the property. … Lawlor was not a beneficiary, it is difficult to *388 conceive who — except those already interred there — could qualify as such.

Bonnette v. State

972 So. 2d 340 · Louisiana Court of Appeal · Nov 14, 2007

Neither the state, a state agency, nor a political subdivision should be immune from suit and liability in contract or for injury to person or property. The plaintiffs' EMTALA claim clearly sounds in tort. … Thus, the State has waived its immunity.

Idelfonso v. City of New York

187 A.D.3d 576 · Appellate Division of the Supreme Court of the State of New York · Oct 20, 2020

arrest, false imprisonment, malicious prosecution, assault and battery ( see Hernandez v City of New York , 100 AD3d 433 [1st Dept 2012], lv dismissed 21 NY3d 1037 [2013]), as well as the arresting officer's entitlement to qualified … immunity ( see Tiburcio v City of New York , 172 AD3d 455 , 456 [1st Dept 2019]).

Pruitt v. Turner

336 S.W.2d 440 · Court of Appeals of Texas · May 12, 1960

Article 892, Code of Criminal Procedure (Trial in Justice Court) provides: "If the accused does not waive a trial by jury, the justice shall issue a writ commanding the proper officer to summon forthwith a jury of six men qualified … The test here applicable was clearly stated: "if the charge upon which plaintiff was tried was simple assault and battery, the justice clearly had jurisdiction and the facts showing no malice, he would clearly not be liable

R. Scott v. Philadelphia Police Officer B. Canela-Perez & G. Lutz

Commonwealth Court of Pennsylvania · Aug 14, 2025

The interrogatory at issue was clearly not limited to any specific claims. … the established case law.

Wright v. Williamsport

2019 Ohio 2682 · Ohio Court of Appeals · Jun 21, 2019

B POLITICAL SUBDIVISION IMMUNITY {¶ 16} R.C. Chapter 2744 establishes a three-step analysis for determining whether a political subdivision is immune from liability. Cramer v. … We held that the school’s “initial decision * * * to purchase and install the irrigation system clearly involved the exercise of protected judgment or discretion, for which [the school] is entitled to immunity * * *.”

Leibig v. SOMERVILLE SENIOR HOUSING

326 N.J. Super. 102 · New Jersey Superior Court Appellate Division · Nov 24, 1999

To establish immunity under N.J.S.A. 59:4-6, it is also necessary to show that the design feature in question was contained in the construction plans, those plans were approved by the public entity, and the construction was … If all other elements of plan-or-design immunity had been present, would defendant have qualified for derivative immunity as a public contractor?

Matter of Hotel and Restaurant Emp. and Bartend. International Union

203 N.J. Super. 297 · New Jersey Superior Court Appellate Division · Jul 11, 1985

Appellants contend that all individuals appointed to union positions were qualified for the job. … The authority of the Casino Control Commission to confer testimonial immunity upon a witness is established by N.J.S.A. 5:12-67, which provides in part: *336 If, in the course of any investigation or hearing conducted under

Southern Montgomery County Municipal Utility District v. Grace Community Church-The Woodlands, Inc.

Texas Court of Appeals, 9th District (Beaumont) · Mar 26, 2026

Tax Code Ann. § 11.20(a), (c) (exemption from property taxes to all those that qualify as “religious organization[s]”). … In the Amended Plea to the Jurisdiction and Brief in Support of the Amended Plea to the Jurisdiction, the District contends that the Church failed to clearly allege a statutory waiver for the governmental immunity held

Department of Highway Safety v. Marks

898 So. 2d 1063 · District Court of Appeal of Florida · Mar 18, 2005

judicial capacities unless they clearly act without jurisdiction. … The Volpe remand is analogous to the one in Lewis , to allow the establishment of factual circumstances not in the record.

Cuenca v. Safeway San Francisco Employees Federal Credit Union

180 Cal. App. 3d 985 · California Court of Appeal · May 13, 1986

If such malice was established, its existence would vitiate the qualified privilege which we find otherwlse^irotecls the alleged defamation. … We conclude that plaintiff failed to establish a triable issue of fact as to whether defendants acted with an improper motive.

Wendell H. Taylor v. Lubbock Regional MHMR & JI Texas Risk Management and Texas Department of Insurance Division of Workers' Compensation

Texas Court of Appeals, 7th District (Amarillo) · Jan 8, 2013

In sum, Taylor does not point us to, and we do not find, a statute that clearly and unambiguously waives immunity from suit for damages for the tort claims Taylor alleges against MHMR, the Risk Management Fund, and the Division … --Texarkana 1992, no writ) (holding evidence did not clearly establish private insurance adjuster handling workers' compensation claims for Texas Municipal League Intergovernmental Risk Pool was agent of risk pool entitled

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 .

Duren v. City of Binghamton

258 A.D. 694 · Appellate Division of the Supreme Court of the State of New York · Mar 6, 1940

There is no immunity under the doctrine of governmental functions unless the negligence arises in connection with the discharge of a governmental function directed and required by a statute of the State of New York. … The evidence clearly establishes the city’s failure in this regard. The moneys paid to plaintiff by the Federal government were wages and not a dole. (Matter of Liebowitz v. Goldwater, 161 Misc. 115 ; Dibner v.

BENJAMIN EX REL. BENJAMIN v. Corcoran

268 N.J. Super. 517 · New Jersey Superior Court Appellate Division · Dec 1, 1993

The Legislature clearly expressed its intent that the N.J.F.H. be controlled, managed and governed by the board of managers as agents of the State. … Even if an issue of fact existed respecting whether the property characteristics of the N.J.F.H. grounds are sufficiently rural or semi-rural as to qualify for immunity under the Landowner's Liability Act, N.J.S.A. 2A:42A

Reynolds v. State Board for Community Colleges & Occupational Education

20 Brief Times Rptr. 750 · Colorado Court of Appeals · May 2, 1996

Plaintiff contends that the trial court erred in ruling that she was required to prove that the printing press was a fixture in order to establish a waiver of immunity under the GIA. … unless it is clearly erroneous.