Case law

Brien v. Lomazow

227 N.J. Super. 288 · New Jersey Superior Court Appellate Division · Aug 4, 1988

That protection, in effect, is the very same qualified immunity which, under N.J.S.A. 2A:47A-1, subjects a complainant to civil liability for complaints which are false, malicious and without probable cause. … As plaintiff has failed to establish a successful malicious prosecution action and that claim was properly dismissed, we conclude that defendant is entitled to the immunity embodied in N.J.S.A. 45:9-19.1.

Seureau v. ExxonMobil Corp.

274 S.W.3d 206 · Texas Court of Appeals, 14th District (Houston) · Oct 16, 2008

Father argues that these statutes clearly and unambiguously signal a legislative intent to waive a navigation district’s governmental immunity from suit. We disagree. … Accordingly, we hold that the “sue and be sued” language found in chapters 61 and 62 of the Texas Water Code does not clearly and unambiguously waive the Port’s immunity from suit. D.

Garibaldi v. Applebaum

301 Ill. App. 3d 849 · Appellate Court of Illinois · Jan 21, 1999

In Garibaldi I, we held that the hospital “clearly had a contractual relationship with Garibaldi in 1992.” Garibaldi I, 273 Ill. App. 3d at 540 . … We also found that the qualified immunity granted under the Medical Practice Act only protects “individuals who serve on or provide service to those same hospital committees for actions or decisions of those individuals made

Crowe v. City of Athens

733 So. 2d 447 · Court of Civil Appeals of Alabama · Mar 19, 1999

immunity." 555 So.2d at 86 . … immunity from suit."

People v. Schomer

64 Ill. App. 3d 440 · Appellate Court of Illinois · Sep 29, 1978

On cross-examination, in addition to establishing that Martin had been dating the daughter of Schomer and the sister of Sanchez, the State was allowed to bring out that Martin requested immunity prior to testifying before … Clearly, the same could be said for the instant case. The jury in the instant case was able to make its decision based upon the testimony of numerous witnesses and the accuracy of their testimony. In Chapman v.

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.

Taylor v. Sauls

772 So. 2d 686 · Louisiana Court of Appeal · Sep 6, 2000

Defendants assert that he was not qualified to testify regarding the standard of care in DeRidder, Louisiana. … Hearn's testimony was clearly material.

Thomas v. City of Philadelphia

668 A.2d 292 · Commonwealth Court of Pennsylvania · Dec 13, 1995

Initially, we note that summary judgment is only appropriate when, after examining the record, there is no genuine issue of material fact, and the movant clearly establishes its entitlement to judgment as a matter of law. … However, Administratrix has failed to establish that any negligence on the part of the City, if proven, falls within one of the exceptions to governmental immunity listed in section 8542(b) and, thus, cannot satisfy the second

Hare v. Reily

269 S.W. 473 · Court of Appeals of Texas · Jan 10, 1925

The following excerpts show clearly the holding of our courts: In Drinkard v. … It follows, therefore, that if judgments rendered in Okláhoma are not immune in that state from impeachment for fraud or want of jurisdiction, they cannot he held immune from similar attacks when sued on in this state; also

Brantley v. City of Dallas

545 S.W.2d 284 · Court of Appeals of Texas · Dec 31, 1976

Smith, 130 Tex. 225 , 107 S.W.2d 872 (Tex.Com.App.1937, opinion adopted), the court held that the establishment and maintenance of a hospital is a governmental function and that a city is not liable for injuries caused by … It is thus clearly not a matter to be undertaken by a court of civil appeals. We overrule each of appellant-plaintiff’s points of error. The judgment of the trial court is affirmed.

Sanders v. State

783 S.W.2d 948 · Court of Appeals of Tennessee · Sep 20, 1989

The evidence established and the state virtually conceded that the exposed concrete footing was a dangerous condition and injury therefrom was foreseeable. … The state asserts that it produced as witnesses persons who would qualify as proper state officials to which notice of an unsafe condition should be given, and that they all testified that they had no knowledge of the protruding

AMANDA HEINE and JHAYLA STREADY v. FLORIDA ATLANTIC UNIVERSITY BOARD OF TRUSTEES

District Court of Appeal of Florida · Apr 26, 2023

Because the attachments to the operative complaint did not clearly and unequivocally show the 3 existence of an express contract, the trial court found Students did not establish a cause … Looking at the plain language of section 1009.24, the Legislature clearly did not authorize a private cause of action premised on the improper collection of fees, and, therefore, has not expressly waived sovereign immunity

Faye Comte and Laura Severt v. Smith County Commissioners Court and Joel P. Baker, Cary Nix, Jeff Warr, Joann Hampton, and Terry Phillips, Each in His or Her Official Capacity as a Smith County Commissioner

Texas Court of Appeals, 6th District (Texarkana) · Mar 23, 2015

IMMUNITY DOES NOT BAR SUIT FOR FUNDS WRONGFULLY WITHHELD Immunity involves two issues; immunity from suit and immunity from liability. … Combs is in anyway analogous to this case clearly indicates a misunderstanding of the underlying facts of both cases.

State of Arizona v. Ronald James Sisco II

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.”

Bouchard v. Deep River

Connecticut Appellate Court · Feb 24, 2015

The plaintiff, in his sur-reply brief, argued that this OSHA regulation provides for no discretion, is clearly applicable to the facts of the present case, and was clearly violated by the defendant. … Fairfield, 244 Conn. 101, 107–108 and n.4, 708 A.2d 937 (1998) (court resolved issue of qualified immu- nity where question of law presented and material facts undisputed); and the plaintiff will not be prejudiced or unfairly

Horne v. Clemens

23 Ohio App. 3d 139 · Ohio Court of Appeals · Apr 8, 1985

Because the right claimed by appellee was not clearly established, the trial court erred in overruling appellants’ motions for a directed verdict based upon their immunity from liability.” … Finally, defendants argue that they are protected by qualified immunity. “* * * The official himself must be acting sincerely and with a belief that he is doing right * * *.” Wood v.

reynolds v. state

Vermont Superior Court · Feb 15, 2024

Under that provision, to be qualified to seek damages, one must already have been: (1) exonerated, (2) pursuant to, (3) this chapter. … This “chapter” clearly refers to the entirety of the Act, Chapter 182 of Title 13.

State of Texas v. Bradley A. McAllister

Texas Court of Appeals, 7th District (Amarillo) · Oct 29, 2004

The evidence established that McAllister was not speeding. … Having previously concluded that McAllister did not provide formal, written notice of his claim nor establish that TxDOT had actual notice, we need not address whether Hood was entitled to official immunity.

Messick v. Catawba County, NC

110 N.C. App. 707 · Court of Appeals of North Carolina · Jul 6, 1993

Clearly, the Commissioners, as sued in their official capacities, are immune from the plaintiff’s suit. … Clearly, the sheriff in the instant case is immune from suit in his individual capacity from the plaintiff’s causes of action in negligence and negligent infliction of emotional distress.

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.