Case law

Dziubak v. Mott

486 N.W.2d 837 · Court of Appeals of Minnesota · Oct 19, 1992

They further contend the public defender system will be overburdened and its ability to recruit and retain well-qualified attorneys will suffer. … To withdraw his guilty plea because of newly discovered evidence, respondent had to establish the evidence could not have been discovered through the exercise of due diligence. Saiki v.

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.”

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.

Mercer v. Lowe

217 So. 3d 1235 · Louisiana Court of Appeal · Apr 5, 2017

exists; or (2) To acts or omissions which constitute criminal, fraudulent, malicious, intentional, willful, outrageous, reckless, or flagrant misconduct. | fiThus, although BPSO and its employees may be entitled to the qualified … immunity set forth in La.

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

People v. Mitchell

225 Cal. App. 4th 1189 · California Court of Appeal · Apr 29, 2014

Conway testified defendant would regularly spend time at the Barham Boulevard establishment. Mr. Conway testified defendant helped with the collective. Mr. … (Mentch, supra, 45 Cal.4th at p. 283 [‘“For a person to be a qualified primary caregiver, he or she must be “designated” as such by a qualified patient, and must have “consistently assumed responsibility” for the qualified

T.T. the Bear's Place, Inc. v. Rodriguez

2 Mass. L. Rptr. 1 · Massachusetts Superior Court · Feb 17, 1994

The defendants argue that plaintiffs civil rights claims should be dismissed because defendants have qualified immunity. … Massachusetts has adopted this federal standard of qualified immunity for actions brought pursuant to the Massachusetts Civil Rights Act. Duarte v. Healy, 405 Mass. 43, 46 (1989).

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.

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.

Fields v. Henrich

208 S.W.3d 353 · Missouri Court of Appeals · Dec 19, 2006

Defendants contend that because their property was outside the city and was eight acres containing a single-family residence and Michael never paid any charge for his entry onto the property, they qualified for immunity under … Defendants simply did not qualify under the language of the RUA for the protection afforded to those who allow recreational use of their land.

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.

State ex rel. Dunn v. Burton

Connecticut Appellate Court · Nov 26, 2024

be sued without its consent, or sovereign immunity, is well established under our case law. . . . … ‘‘It is . . . well established that [t]he sovereign immunity enjoyed by the state is not absolute.’’ (Internal quotation marks omitted.) Dept. of Public Health v.

Erin Reding v. Lubbock County Hospital District D/B/A University Medical Center

Texas Court of Appeals, 7th District (Amarillo) · Mar 18, 2020

In this appeal, Reding asserts that she sufficiently established each of these three challenged elements. … Therefore, UMC’s legal department does not qualify as an “appropriate law enforcement authority.”

STS Management Development, Inc. v. New York State Department of Taxation & Finance

40 A.D.3d 620 · Appellate Division of the Supreme Court of the State of New York · May 1, 2007

In addition, the defendants presented evidence which met their burden of establishing their entitlement to judgment as a matter of law with respect to claims by Schoolman asserting unlawful retaliation and violation of constitutional … Moreover, the defendants’ actions are entitled to qualified immunity because it was objectively reasonable for them to believe that their acts did not violate clearly established constitutional or statutory rights (see Anderson

State v. Marr

2020 Ohio 3898 · Ohio Court of Appeals · Jul 31, 2020

drugs until Eades placed them under the cup holder just before officer Perry stopped the truck, an assumption the record does not necessarily compel, Marr could argue that his possession of the contraband was too brief to qualify … the outcome at trial clearly would have been otherwise.

Doug Blaine v. City of Sartell, County of Stearns

865 N.W.2d 723 · Court of Appeals of Minnesota · Jun 15, 2015

FACTS In 1983, owners of property in defendant LeSauk Township petitioned respondent County of Stearns for the establishment of a public drainage system. … As a matter of law, such evidence cannot establish that the flooding of Blaine’s property is of such frequency, regularity, and permanency as to constitute a taking. Cf.

State v. Bennington

2023 Ohio 644 · Ohio Court of Appeals · Mar 3, 2023

According to the statute, a person is only immune from liability if his or her good faith report caused injury, death, or loss to person or property. … . {¶ 22} Having determined that Bennington did not qualify as a mandated reporter in this case because she was not acting her official or professional capacity and that she did not have immunity under R.C. 2151.421

Manor v. Nestle Food Co.

78 Wash. App. 5 · Court of Appeals of Washington · May 30, 1995

Manor’s employer as a matter of law and, thus, immune from suit. The Manors contend the question is one of fact, not of law. … In the workers’ compensation claim, Nestle’s position was not adversarial while it is clearly an adversary in the present claim.