Case law

Oakwood Acceptance Corp., LLC v. Massengill

162 N.C. App. 199 · Court of Appeals of North Carolina · Jan 20, 2004

“Under the doctrine of governmental immunity, a county is immune from suit for the negligence of its employees in the exercise of governmental functions absent waiver of immunity.” … Monell and the decisions that followed “[made] it quite clear that, unlike various government officials, municipalities do not enjoy immunity from suit — either absolute or qualified — -under § 1983.” Leatherman v.

Woodruff v. Trepel

125 Md. App. 381 · Court of Special Appeals of Maryland · Mar 2, 1999

In Maryland, to establish a prima facie case for defamation, “a plaintiff must ordinarily establish that the defendant made a defamatory statement to a third person; that the statement was false; that the defendant was legally … Woodruffs attorney clearly “had relation” to the child custody proceedings.

State v. Kemmish

418 P.3d 1087 · Court of Appeals of Arizona · Mar 15, 2018

The Act “authorizes medical use of marijuana and immunizes qualified patients . . . from criminal prosecution in certain circumstances relating to the purchase and possession of marijuana.” Parsons v. … ¶6 The Act also gives “visiting qualifying patients” 3 the same presumptions and immunities as a qualifying patient with an Arizona registry identification card. See A.R.S. § 36-2804.03(C); State v.

City of Houston v. Delisa Boodoosingh

Texas Court of Appeals, 14th District (Houston) · Jun 27, 2024

“Of course, some affirmative defenses will not be conclusively established by the facts in a plaintiff’s petition. … Governmental units are immune from suit unless immunity is waived by state law. City of San Antonio v. Maspero, 640 S.W.3d 523, 528 (Tex. 2022).

CAMMACK-WHITE v. Harbaugh

602 Utah Adv. Rep. 17 · Court of Appeals of Utah · Apr 24, 2008

Immunity for Reporting Child Abuse {16 The Cammacks contend that Utah Code section 624-4a-410(1) provides them with immunity from liability for attorney fees and costs. … We affirm the juvenile court's ruling that statutory immunity for the good faith reporting of child abuse is not applicable here, where the Cammacks' claim of immunity is based on a petition for an ex parte child protective

Rajterowski v. The City of Sycamore

Appellate Court of Illinois · Nov 1, 2010

When a law establishes a citizenship or residency classification, a court applies a two-part test in assessing whether the law violates the privileges and immunities clause. … The foregoing allegations are clearly conclusory.

Advocates for School Trust Lands v. State of Oregon

346 Or. App. 668 · Court of Appeals of Oregon · Jan 28, 2026

“Any interest may qualify as long as it is legally recognized,” id. at 555 (internal quotation marks omitted), and the interest may be affected indirectly—for example, an economic inter- est of a property owner may be affected … Plaintiffs assert that the schoolchildren plaintiffs have a qualifying interest in adequate funding for schools under the challenged laws pursuant to statutes that enti- tle and require them to attend school, ORS 339.010,

L.J. v. Carricato

413 P.3d 1280 · Colorado Court of Appeals · Jan 11, 2018

¶ 29 The CGIA clearly distinguishes between public entities and public employees because it discusses their respective immunity in two different sections — section 24-10-106 discusses public entity immunity … Exemplary damages claims must be included in an amendment to the pleadings at least sixty days after the exchange of initial disclosures and “the plaintiff establishes prima facie proof of a triable issue.”

Glover v. Board of Education

21 Ill. App. 3d 1053 · Appellate Court of Illinois · Sep 5, 1974

In Reynolds the plaintiff served notice on the defendant city by registered mail with return receipt requested when the Local Government Tort Immunity Act required personal service. … The school board’s dismissal of plaintiff is then clearly not against the manifest weight of the evidence.

ACQUEST WEHRLE, LLC v. TOWN OF AMHERST

Appellate Division of the Supreme Court of the State of New York · Jun 19, 2015

We reject defendant’s contention that the state constitutional claims should be dismissed because defendant is entitled to qualified immunity. “ ‘A government official is entitled to qualified immunity provided his or her … As such, defendant is not entitled to qualified immunity. We reject defendant’s further contention that alleged evidentiary errors require a new trial.

Fossett v. Southeast Toyota Distributors, LLC

60 So. 3d 1155 · District Court of Appeal of Florida · May 18, 2011

The trial court ruled that SET had immunity from suit under section 440.11(2), Florida Statutes (2006). … “The help supplied is always on the payroll of the supplying establishments, but is under the direct or general supervision of the business to whom the help is furnished.”

Patricia Bullock-Pierce v. Cabria Davis

New Jersey Superior Court Appellate Division · Oct 2, 2025

Notwithstanding DeShaney and its exceptions, the sergeant asserts she is entitled to qualified immunity on the due process claims because the record does not clearly establish her failure to arrest the boyfriend would be … Finally, qualified immunity is a doctrine which shields government officials from civil liability when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person

Texas Parks and Wildlife Department v. Ana G. Ruiz

Texas Court of Appeals, 13th District · Mar 21, 2013

Importantly, subsection 101.106(b) is qualified by a consent exception: it bars suit against a governmental unit unless “the governmental unit consents.” Id. § 101.106(b). … The Esparza Court disagreed with Amadi and others to the extent that the limited waivers of immunity alone establish a government's consent to suit. See id. at 251.

Lacava v. Southeastern Pennsylvania Transportation Authority

157 A.3d 1003 · Commonwealth Court of Pennsylvania · Mar 29, 2017

The City’s Argument that Lacava failed to establish an exception to governmental immunity under the “streets” exception 8 Although SEPTA asserted in its 1925(b) statement that the trial … ” exception to sovereign immunity.

Darling v. Tribute Contracting & Consultants, L.L.C.

2025 Ohio 4624 · Ohio Court of Appeals · Oct 2, 2025

However, the village asserted the Darlings could not establish negligence. … “‘[B]efore R.C. 2744.02(B)(2) will remove a political subdivision’s immunity, the plaintiff must establish: (1) the elements required to sustain a negligence action-duty, breach, proximate cause, and damages; and (2) that

Suzette Sewell-Scheuermann v. Michael Scalise

Court of Appeals of Kentucky · May 8, 2026

Indeed, if Defendants were immune from claims under KRS 92.330 and KRS 92.340, the statutes would be rendered meaningless. As such, they are not entitled to qualified official immunity. … Citing Yanero, 65 S.W.3d at 523, she argues that “‘bad faith’ can be predicated on a violation of a constitutional, statutory, or other clearly established right[.]”

Murphy Cormier General Contractor, Inc. v. State, Department of Health & Hospitals

12 La.App. 3 Cir. 1000 · Louisiana Court of Appeal · May 22, 2013

Qualified Immunity DHH argues that its employees were subject to qualified immunity in the exercise of discretion pertaining to their duties, thus the trial court erred in not granting summary judgment in its favor. … DHH claims that the evidence supports a finding that the law pertaining to Section 729 was not “clearly established,” thus entitling DHH employees to immunity. Louisiana Revised Statutes 9:2798.1 states in part: A.

Rivera v. Bolden's Transportation Service, Inc.

2011 La.App. 1 Cir. 1669 · Louisiana Court of Appeal · Jun 28, 2012

No civil action against a qualified health care provider or its insurer may be commenced in any court before the claimant’s proposed complaint has been presented to a medical review panel established pursuant to the Act. … The burden is on the defendant to prove prematurity and initial immunity from suit as a qualified health care provider under the Act. Id.

Crystal Spearman, Individually and as Parent and Next Friend of Kenji Lewis, a Minor v. Shelby County Board of Education

Court of Appeals of Tennessee · Jan 15, 2021

Defendants argue that this statement is a judicial admission against Plaintiff, establishing that Mr. Mosby acted recklessly. … Wise was also qualified to testify on Kenji’s medical bills.

State v. Lindner

227 Ariz. 69 · Court of Appeals of Arizona · Sep 28, 2010

The person challenging the statute bears the burden of establishing its invalidity. … using an approved breath testing device, by a qualified operator, using certain procedures, and that the device was in proper operating condition.