Case law

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.

Flores v. City of San Diego

California Court of Appeal · Sep 15, 2022

In such cases, the courses must be competency-based, where each student demonstrates mastery of clearly specified learning outcomes. … As is clear from Penal Code section 13519.8, any “training guidelines” that are “established” pursuant to that provision are established through the POST Commission; Penal Code section 13519.8 does not itself establish its

Clarke v. Oregon Health Sciences University

206 Or. App. 610 · Court of Appeals of Oregon · Jul 5, 2006

OHSU was established in 1995 as an “independent public corporation”: 6 “Oregon Health and Science University is established as a public corporation and shall exercise and carry out all powers, rights and privileges that are … responsible for harm qualifying as a legal injury remain liable.

Churchill v. University of Colorado at Boulder

293 P.3d 16 · Colorado Court of Appeals · Nov 24, 2010

The Supreme Court disagreed and determined that the committee had only qualified immunity because it was subordinate to the warden, subject to the pressure of employment, and lacked independence. … These allegations clearly could have been reviewed in a Rule 106 appeal because they implicate an abuse of discretion, if proven.

Maternal Grandmother v. Hamilton Cty. Job & Family Servs.

154 N.E.3d 225 · Ohio Court of Appeals · Apr 22, 2020

Immunity for government agencies is determined in a three-step process. The first tier of the analysis in R.C. Chapter 2744 establishes the defense of sovereign immunity for political subdivisions. … Dept. of Children and Family Servs., 118 Ohio St.3d 392, 2008-Ohio-2567, 889 N.E.2d 521, ¶ 16. {¶14} Once immunity has been established, the next step is to determine whether there is an exception that would

Marasco v. Connecticut Regional Vocational-Technical School System

Connecticut Appellate Court · Sep 30, 2014

The principle that the state cannot be sued without its con- sent, or sovereign immunity, is well established under our case law. . . . … Notwithstanding that general claim, however, the plaintiff testified in his deposition that he could not recall which positions he was qualified for or the names of the other teachers who were similarly situated but hired

Ortiz v. New Mexico State Police

112 N.M. 249 · New Mexico Court of Appeals · May 2, 1991

I would read it to refer to the actor since there would be no reason to qualify the torts. … Section 41-4-12 clearly requires the enumerated torts be committed by law enforcement officers "while acting within the scope of their duties."

Texas Department of Criminal Justice v. Jerry Ray Edgin

Texas Court of Appeals, 10th District (Waco) · Apr 18, 2007

Nevertheless, relying on Miranda , the TDCJ attacks Edgin’s ability to establish the elements of his cause of action. … Rather, Chapter 21 waives sovereign immunity where an employee exhausts administrative remedies and where the defendant qualifies as an “employer” as defined by the Labor Code.

State of Arizona v. Ronald James Sisco II

238 Ariz. 229 · Court of Appeals of Arizona · Jul 20, 2015

As our supreme court has recently observed, “voters established as public policy that qualified patients cannot be penalized or denied any privilege as a consequence of their AMMA- compliant marijuana possession or use.” … preponderance of the evidence, that his or her actions fall within the range of immune action.”

M.E.N. Water Supply Corporation, Angus Water Supply Corporation, Chatfield Water Supply Corporation, Corbet Water Supply Corporation, City of Frost, City of Kerens, and Community Water Company v. City of Corsicana, Texas

564 S.W.3d 474 · Texas Court of Appeals, 10th District (Waco) · Nov 14, 2018

Section 271.152 of the Local Government Code waives immunity to suit for qualifying local governmental entities for the purpose of adjudicating a claim for breach of contract entered into by the local governmental entity … For section 271.152’s waiver of immunity to apply, the following elements must be established: (1) the party against whom the waiver is asserted must be a “local governmental entity” as defined by the Local Government

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.

Thomas v. DeKalb County

227 Ga. App. 186 · Court of Appeals of Georgia · Jun 27, 1997

Following the plaintiffs’ complaint and discovery, the defendants moved for summary judgment on the grounds of sovereign immunity, qualified immunity, official immunity and immunity under OCGA § 31-11-8. … Because there is no evidence that DeKalb County created Thomas’ emergency, and she was not in the county’s custody or control, the plaintiffs have failed to establish this threshold element necessary to their 42 USC § 1983

Lambert v. Town of Sylva

259 N.C. App. 294 · Court of Appeals of North Carolina · May 1, 2018

App. 680, 684-85, 446 S.E.2d 126, 129 (1994) (“Qualified immunity is an affirmative defense that must be pleaded by the defendant. … This is not the law as established by the United States Supreme Court.

Reynolds, Natalie Ausbie

Court of Appeals of Texas · Dec 22, 2016

"Qualified immunity shields government officials from civil damages unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct." See Reichle v. … s rights and the scope of Reynolds' permissible conduct were clearly established, qualified immunity protects her if it was objectively reasonable for her to believe that her actions were lawful at the time of the incident

Augusta Judicial Circuit Office of the Public Defender v. Necia Hodge-Peets

Court of Appeals of Georgia · Mar 5, 2024

Regarding a state’s immunity from federal claims in its own courts, the Alden Court wrote: Our sovereign immunity precedents establish that suits against nonconsenting States are not properly susceptible of … Although the FEPA clearly applies to state disability discrimination claims, it makes no mention of the ADAAA or its predecessor. Id.

Coleman v. State

70 Okla. Crim. 246 · Court of Criminal Appeals of Oklahoma · Jul 17, 1940

Ann., provides when immunity may be claimed in this state, and is as follows: “Any person having knowledge or possession of facts *251 that tend to establish the guilt of any other person or corporation charged with an offense … The facts in the instant case clearly show that no agreement was made with the county attorney, his assistants, or any other officer of Oklahoma county, as to his having immunity by reason of any statement which he might

Tasse v. Marsalek

2020 Ohio 5084 · Ohio Court of Appeals · Oct 29, 2020

It is well-established that the defenses in R.C. 2744.03 are only relevant if a plaintiff has established that one of the exceptions to immunity laid out in R.C. 2744.02(B)(1) through (5) applies to the conduct at issue … Because Appellees have not established that an exception to employee immunity applies here, Jarvis is entitled to immunity from their negligence claims.

Sweeney v. Friends of Hammonasset

140 Conn. App. 40 · Connecticut Appellate Court · Jan 1, 2013

Whenever [the] language [of the pleadings] fails to define clearly the issues in dispute, the court will put upon it such reasonable construction as will give effect to the pleadings in conformity with the general theory … a walk-through; and failed to notify or assign a volunteer to notify the state to plow or sand the area. *53 Section 52-557m provides: “Any person who serves as a director, officer or trustee of a nonprofit organization qualified

Randal David Pepper v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 29, 2011

4 for tort alleged, and “that suit is brought under the Act when it is filed, not when waiver of immunity by the Act is established”). … Moreover, subsection 101.106(f) makes no reference to subsection 101.106(b) or otherwise suggests that it is an exception to the permanent immunity established under subsection 101.106(b).

State v. BP America Production Co.

290 S.W.3d 345 · Texas Court of Appeals, 3rd District (Austin) · Jun 24, 2009

necessary to establish BP’s standing. … We cannot conclude that the legislature, by providing section 2001.038’s limited waiver of sovereign immunity to permit certain challenges to agency rules, clearly and unambiguously manifested its intent to waive immunity