Case law

Nichols v. Cain

871 So. 2d 654 · Louisiana Court of Appeal · Apr 2, 2004

The district court erred in failing to find that the defendants showed a “specific and deliberate conduct to violate clearly established statutory and constitutional rights.” 3. … The district court erred in failing to find that defendants are not entitled to qualified immunity in “this suit for monetary damages and injunc-tive relief via judicial review.” 5.

Jiotis v. The Burr Ridge Park District

2014 IL App (2d) 121293 · Appellate Court of Illinois · Mar 10, 2014

Therefore, even if Pacanowski’s affidavit affirmatively established his immunity from liability under the Tort Immunity Act, the question of whether John Doe is liable, not liable, or immune from liability remains … For defendants’ affirmative defense to succeed, they would have to put forward affidavits or the like tending to establish - 14 -  that John Doe is immune from

Texas Department of Health v. Simon Rocha

Texas Court of Appeals, 13th District · Mar 27, 2003

On October 7, 1997, appellants filed a plea to the jurisdiction and special exceptions, asserting that sovereign immunity and qualified immunity barred all claims against TDH and the named TDH employees. … For the trial court to have jurisdiction, the plaintiff who sues the state under state law must establish a waiver of sovereign immunity by: (1) alleging legislative consent to such suit in his petition, either by reference

General Motors Acceptance Corp. v. David

632 So. 2d 123 · District Court of Appeal of Florida · Feb 9, 1994

Johnston, the branch manager of GMAC's Jacksonville office, pursued buying practices in which individuals who did not qualify under GMAC's credit guidelines had their contracts purchased from Coggin. … The facts viewed in the light most favorable to appellees fail to establish, under the test enunciated in the previously cited cases, that appellants' conduct was substantially or virtually certain to result in injury or

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.

County of Los Angeles v. Superior Court

181 Cal. App. 4th 218 · California Court of Appeal · Jan 22, 2010

Section 820.8 immunizes public employees from liability for injuries caused by another. 8 Section 821.6 establishes that “[a] public employee is not liable for injury caused by his instituting or prosecuting any judicial … Code, § 820.6 qualified immunity protected against Civ. Code, § 52.1 claims].) O’Toole examined Civil Code section 52.1 and “found no indication the Legislature intended to create an exception to the general rule.

Levi v. Kratovac

35 A.D.3d 548 · Appellate Division of the Supreme Court of the State of New York · Dec 12, 2006

The defendants City of New York and City of New York Department of Transportation (hereinafter together the City) established their prima facie entitlement to judgment as a matter of law. … Because these improvements were made in accordance with a reasonable traffic plan made after an adequate study, the City is entitled to qualified immunity for liability arising out of these decisions (see Affleck v Buckley

JEFF HURST v. CITY OF MORRISTOWN

Court of Appeals of Tennessee · Jul 8, 2025

Typically, proof of necessity and reasonableness must be established by expert testimony. … “To be qualified to render these opinions, the physician must first demonstrate (1) knowledge of the party’s condition, (2) knowledge of the treatment the party received, (3) knowledge of the customary

People v. Denney

152 Cal. App. 3d 530 · California Court of Appeal · Feb 28, 1984

They told appellant that Keener had been given immunity. The officers also told appellant a “hypothetical” story. … Keener had been given immunity. Then Sergeant Pensinger told appellant the hypothetical story.

Bandera County v. Susan Hollingsworth

419 S.W.3d 639 · Texas Court of Appeals, 4th District (San Antonio) · Nov 27, 2013

Although waivers of immunity are generally the prerogative of the Legislature, the judiciary has modified the common-law immunity doctrine and, to an extent, abrogated immunity of governmental entities that file suit. … They contend that agreement on the specific dollar amount due as of November 2009 was not necessary because the parties “clearly” agreed that number would be supplied by the November 2009 omitted tax statement, a “simple

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[.]”

People v. Tilehkooh

7 Cal. Rptr. 3d 226 · California Court of Appeal · Dec 8, 2003

immunity under section 11362.5. … Similarly, California courts should not enforce federal marijuana law for probationers who qualify for the immunity provided by section 11362.5. The court held to the contrary in People v.

Lipp v. State

16 Brief Times Rptr. 823 · Colorado Court of Appeals · May 21, 1992

Here, in rejecting plaintiff for two positions, and notwithstanding the qualifications stated in USC’s position announcement, an affidavit indicates that the search committee established its own criteria for the positions … R-1, 757 P.2d 155 (Colo.App.1988) (under Governmental Immunity Act, school district does not have immunity for damages for intentional breach of contract).

Bitner v. Dept. of Corrections & Rehabilitation

California Court of Appeal · Jan 26, 2023

. . . that simply establishes a general legal duty or liability. … duty of care has been established.

McGuckin v. City of St. Louis

910 S.W.2d 842 · Missouri Court of Appeals · Nov 28, 1995

We find, however, the Board did not prove the officer was entitled to official immunity as a matter of law. The doctrine of official immunity is well established in Missouri law. Jackson v. … These aspects of responding to an emergency are clearly discretionary.

Feller v. the Miriam Hospital

Superior Court of Rhode Island · Oct 30, 2009

A threshold issue then becomes the scope of immunity under the HCQIA and whether the Defendants qualify for such immunity under the Act. … Feller qualifies for immunity under the HCQIA. The Act grants immunity from *Page 7 damages liability for those engaged in a professional review action that satisfies the standards of the Act.

Est of Henry Henderson v. Bd of Hosp Managers for City of Flint

Michigan Court of Appeals · Aug 22, 2024

The alleged acts, omissions, and injuries were wholly unrelated to the pandemic, so deeming defendant immune would contravene the Legislature’s clearly-communicated intent to limit this immunization to services stemming from … Therefore, there was immunity in Warren but there is no immunity here. III.

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

City of Austin v. Katherine Michelle Miller

Texas Court of Appeals, 3rd District (Austin) · May 1, 2025

Subsection 101.021(2)’s text does not clearly and unambiguously waive liability for strict-liability claims, and the supreme court has construed that subsection to require a showing of proximate cause, see Bossley, 968 … plaintiff, which was substantial factor in dog’s escaping car and causing plaintiff’s injuries); see also Heard, 252 S.W.3d at 110 (concluding that plaintiff established waiver of immunity by alleging that city zoo “used

Smith v. State

135 Wash. App. 259 · Court of Appeals of Washington · Sep 18, 2006

immunity. ¶15 The trial court dismissed all of the Smiths’ claims. … Doe 22 expressly held that the initial inquiry in determining whether a cause of action exists under 42 U.S.C. § 1983 is whether the statutory language clearly and unambiguously creates a right.