Case law

Boulanger v. TOWN OF OLD LYME

51 Conn. Supp. 636 · Connecticut Superior Court · Jan 7, 2010

The defendants also argue that Timothy Gris-wold cannot be held liable for his acts or omissions with relation to the plaintiffs’ land use dispute because he is entitled to qualified immunity for his actions as First Selectman … The Old Lyme Zoning Regulations clearly prohibit the creation of new, privately owned public parking lots.

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.

Rodriguez v. Commonwealth

59 A.3d 45 · Commonwealth Court of Pennsylvania · Jan 9, 2013

We affirm the trial court’s holding that an exception from sovereign immunity has not been established for such a claim. The accident occurred on U.S. … In order for a Commonwealth party to be held liable, the plaintiff must establish that the cause of action falls under one of the specifically enumerated exceptions to immunity. Fagan v.

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

Mosqueda v. MacOmb County Youth Home

132 Mich. App. 462 · Michigan Court of Appeals · Mar 5, 1984

The panel concluded: "Since Westlake establishes the validity of a claim for deliberate indifference, this Court concludes that the district court’s dismissal of this complaint as frivolous was clearly erroneous. … The claims were therefore not clearly unenforceable and plaintiff was entitled to offer further factual development of her claims.

Gosling v. Commonwealth

14 Va. App. 158 · Court of Appeals of Virginia · Mar 24, 1992

It is well established in Virginia, however, that the privilege may not be diminished or compromised by an immunity statute that affords less than “full immunity and assurance against any liability to prosecution for a disclosure … Without question, however, the chain of custody prior to analysis was clearly estab *167 lished by the Commonwealth and the analysis itself was properly received by the trial court.

Kaider v. Hamos

975 N.E.2d 667 · Appellate Court of Illinois · Jul 20, 2012

It categorizes all aliens as ‘qualified’ or not ‘qualified’ and then denies public benefits based on that categorization.” League of United Latin American Citizens v. Wilson, 997 F. … The General Assembly was therefore clearly cognizant that the PRA imposed requirements on the distribution of public benefits in Illinois.

Cacchione v. Wieczorek

674 A.2d 773 · Commonwealth Court of Pennsylvania · Apr 11, 1996

Clearly, these cases do not fall within the Love definition of operation because the injuries were not allegedly caused by any movement of the entire vehicles or parts of the vehicles when or after the vehicles were parked … Love, 518 Pa. at 375 , 543 A.2d at 533 . 5 We conclude that the facts, as alleged and accepted as true, establish that the truck was in operation at the time of the injury under the vehicle exception to governmental immunity

Hohorst v. Easton

Connecticut Appellate Court · Feb 17, 2026

“[Our Supreme Court] previously [has] concluded that [t]his language clearly and expressly abrogates the traditional common-law doctrine in this state that municipalities are immune from suit for torts commit- ted by their … Thus, in accordance with the “well established modern principles of governmental immunity” that apply in Connecticut, and the reasoning  Hohorst v.

Sheehan v. DuBois

1 Mass. L. Rptr. 124 · Massachusetts Superior Court · Jun 22, 1993

Finally, to the extent that the claim for damages could lie against DuBois, qualified immunity is a personal defense even if plaintiff could establish that he was in fact denied credits due him. … Ct., February 19, 1992), it cannot be said that the denial of good time credits was in violation of plaintiffs clearly established rights. O’Malley, supra.

Acres v. Marston

California Court of Appeal · Nov 18, 2021

Fitzsimmons (1993) 509 U.S. 259, 268 [“Most public officials are entitled only to qualified immunity.”].) … Respondents never clearly explain why Ramsey is entitled to judicial immunity, other than to note that she is an associate judge of the tribal court.

Cobos v. Dona Ana County Housing Authority

121 N.M. 20 · New Mexico Court of Appeals · Oct 20, 1995

Pamp.1989) (the Act), provides immunity to governmental agencies and their employees from tort actions; however, the Act specifically waives immunity for certain acts or omissions. … Imposing such liability would circumvent the very grant of immunity provided by the Tort Claims Act, subject to the specific waivers of immunity outlined in Sections 41^-5 to -12.

Lopez v. City of Elizabeth

245 N.J. Super. 153 · New Jersey Superior Court Appellate Division · Jan 7, 1991

Piccollella was qualified to speak to the resource allocation issue at all, in the absence of proof that he was part of or even aware of any decision-making process on the subject. … It is similarly appropriate to ask an entity that seeks qualified immunity for an allocation decision to prove it had a pothole because it decided to repaint road lines instead of filling potholes.

In Re: KVIA - Channel 7 v. the State of Texas

Texas Court of Appeals, 8th District (El Paso) · Sep 27, 2024

Article 38.11. 4 KVIA bears the burden of providing this Court with a sufficient record to establish their right to mandamus relief. Tex. R. App. … trial court’s waiver finding and rationale. 5 According to the State’s Brief in Opposition: “Moreover, providing a copy of the requested items [to counsel when he also represents the parent] waives any privilege or immunity

B.K. v. Cox

116 S.W.3d 351 · Texas Court of Appeals, 14th District (Houston) · Aug 28, 2003

The summary judgment was proper only if the movants conclusively established each element of this defense. See Science Spectrum, Inc. v. Martinez, 941 S.W.2d 910, 911 (Tex.1997). … Obviously, a judge qualifies as a governmental official, but judges need not resort to offi *360 cial immunity because judicial immunity is broader.

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.

Ocean State Seafood, Inc. v. Capital Newspaper

112 A.D.2d 662 · Appellate Division of the Supreme Court of the State of New York · Jul 25, 1985

Therefore, defendants were entitled to qualified immunity which can be overcome only by proof that defendants acted in a grossly irresponsible manner without due consideration for the ordinary standards of sound journalism … Finally, the article clearly can be read to charge plaintiffs with a course of conduct involving several wrongful acts in buying and selling contaminated and contraband clams.

City of Wichita Falls v. Norman

963 S.W.2d 211 · Court of Appeals of Texas · Feb 26, 1998

While Norman’s ini *215 tial response clearly focused on the good faith element of official immunity, her subsequent letter brief, filed at the trial court’s request, fairly apprised the City and the court of the issue Norman … The City has, therefore, failed to establish as a matter of law the affirmative defense of official immunity and, derivatively, sovereign immunity. We overrule the City’s first and second points.

Alexander v. Amerigroup Iowa, Inc

Court of Appeals of Iowa · Jul 2, 2025

Qualified Immunity Alexander next claims that the district court erred in finding Amerigroup was immune under Iowa Code section 232.73 (2019) from any liability stemming from the five child abuse reports on her … The district court did not err in finding that Amerigroup was entitled to qualified immunity under Iowa Code section 232.73(1).

Peterson v. Ballard

292 N.J. Super. 575 · New Jersey Superior Court Appellate Division · Jul 15, 1996

The litigation privilege is firmly established in New Jersey case law. Hawkins v. Harris, 141 N.J. 207, 215 , 661 A. 2d 284 (1995). … However, in determining whether a common law immunity has been abrogated the Court stated the rule clearly: Our cases have proceeded upon the assumption that common-law principles of legislative and judicial immunity were