Case law

Evans v. Elizabeth Police Dept.

190 N.J. Super. 633 · New Jersey Superior Court Appellate Division · May 13, 1983

In particular, the liability of a public employee for injuries caused by his actions is established in N.J.S.A. 59:3-1(a). But this liability is subject to any immunity provided by law, N.J.S.A. 59:3-1(b). … It is unnecessary to determine whether the action of a police officer in negligently making an arrest is a ministerial function or an immunized discretionary activity under N.J.S.A. 59:3-2 as the situation is clearly covered

Allen v. City of Midlothian

927 S.W.2d 316 · Texas Court of Appeals, 10th District (Waco) · Aug 7, 1996

attached to this motion clearly demonstrates that a fact question exists as to when the cause of action as to Plaintiff accrued. … In the absence of a waiver of immunity elsewhere, sovereign immunity is generally waived only to the extent provided in the Texas Tort Claims Act. University of Texas Medical Branch at Galveston v.

Chippenham & Johnston-Willis v. Va. Birth-Related

Court of Appeals of Virginia · Jan 13, 2004

First, it is a non sequitur to assert that a disability — as that term is specifically defined and qualified in the statute — always precedes death or is subsumed by it. … It includes multiple provisions defining its terms, describing its scope, and qualifying its reach.

Grimm Construction Co. v. Denver Board of Water Commissioners

16 Brief Times Rptr. 1062 · Colorado Court of Appeals · Jun 18, 1992

Therefore, it argued that the City was immune from any liability. … Summary judgment is a drastic remedy and should be granted only upon a clear showing that there is no genuine issue as to any material fact and that all legal prerequisites are clearly established.

Risner v. City of Chicago

150 Ill. App. 3d 827 · Appellate Court of Illinois · Dec 12, 1986

On appeal, plaintiff contends that the trial court’s judgment was based on its erroneous determination that the Local Governmental and Governmental Employees Tort Immunity Act (Governmental Tort Immunity Act) (Ill. Rev. … Clearly, in Palladini, the defendant owed a duty to the plaintiff.

State v. York

122 Ohio App. 3d 226 · Ohio Court of Appeals · Aug 11, 1997

The first sentence provides a qualified immunity, which exempts a humanitarian’s taking possession of an animal if, and only if, it can be shown at a post-seizure proceeding that the animal was, in fact, neglected at the … Instead, she decided to act immediately, relying on the qualified immunity of the first sentence and the assurance that she had ample evidence with which to prove the pony’s condition at the time of the seizure.

Camacho v. Samaniego

954 S.W.2d 811 · Texas Court of Appeals, 8th District (El Paso) · Oct 29, 1997

OFFICIAL IMMUNITY The Camacho and Timmons groups also argue that qualified, or official immunity does not shield the Sheriff acting in his official capacity. Again we agree. … Although no clear standard exists to distinguish legislative from non-legislative acts, courts employ a fundamental distinction between establishing a policy, act, or law, as opposed to enforcing or administering an already-established

Gerawan Farming, Inc. v. Agricultural Labor Relations Board

247 Cal. App. 4th 284 · California Court of Appeal · May 9, 2016

The Board‘s position is clearly correct. As the United States Supreme Court held in Will v. … In personal capacity actions, personal immunity defenses apply, such as various forms of absolute and qualified immunity. (Id. at pp. 166–167; see Pierce v.

Moore v. Wayman

85 Wash. App. 710 · Court of Appeals of Washington · Apr 11, 1997

This state abolished sovereign immunity in 1967. RCW 4.96.010. 2 The public duty doctrine is not another form of sovereign *717 immunity. J & B Dev. Co. v. King County, 100 Wn.2d 299, 303-306 , 699 P.2d 468 (1983). … The buyers rebut the inspectors’ assertions with the testimony of experts that any qualified inspector should have known that these defects had not been corrected.

Donnelly v. Southeastern Pennsylvania Transportation Authority

708 A.2d 145 · Commonwealth Court of Pennsylvania · Mar 12, 1998

See Ortiz (holding that routine construction work on a scaffold clearly involves no special danger or peculiar risk); Edwards v. … Exception to Sovereign Immunity Requirement Even if the Donnellys could maintain a cause of action against SEPTA at common law, they would still not prevail because they have failed to establish that any negligence on the

Brooks v. Lexington-Fayette Urban County Housing Authority

244 S.W.3d 747 · Court of Appeals of Kentucky · Nov 9, 2007

Accordingly, finding that the KCRA does not specifically make a provision authorizing the payment of interest while waiving state immunity, the McCullough Court concluded that a state agency is immune from any judgment interest … That dissent expresses concern that a precedent will be established in which state immunity can be waived “by an application of ‘the law of the case’ or by failure to plead such affirmative defense or by the failure to properly

Wight Realty Interests, Ltd. v. City of Friendswood, Texas

Texas Court of Appeals, 1st District (Houston) · Dec 23, 2010

parties and construct recreational facilities and associated improvements, as detailed in the contract; the acquisition of real properties and the construction of facilities and improvements on those properties plainly qualify … See Kirby Lake Dev., Ltd. , 320 S.W.3d at 838 (stating that agreements, which “clearly outlined” “names of the parties, property at issue, and basic obligations,” contained “essential terms”).

South Coast Spine & Rehabilitation Pa v. Brownsville Independent School District, Hector G. Ayala Jr., and Gwendolyn S. Haught

Texas Court of Appeals, 13th District · Apr 30, 2014

BISD contends, in its brief, that we held that “a unilateral assignment does not establish ‘a waiver of governmental immunity under chapter 271’s requirement that a contract be properly executed on behalf of the local government … the school district’s waiver of immunity.

Robert D. Murray v. State of Tennessee

Court of Appeals of Tennessee · Dec 13, 2023

Murray could not establish a prima facie case of age discrimination under the THRA; and (4) that even if Mr. … And the Court has previously explained “that a State may prescribe the terms and conditions on which it consents to be sued, and that [o]nly the sovereign’s own consent could qualify the absolute character of its immunity

Max Nelson and Carolyn Nelson, as Co-Guardians of Matthew Nelson v. City of Plano

Texas Court of Appeals, 5th District (Dallas) · Nov 18, 2022

claims even when the [TTCA] would otherwise waive such immunity.” … They contend the RUS does not apply—and should not apply—to bar that claim because Matthew “was clearly not engaged in ‘recreation’ as contemplated by the [RUS].” See RUS § 75.002(f).

University of Louisville v. Martin

574 S.W.2d 676 · Court of Appeals of Kentucky · Dec 1, 1978

a right and the other to satisfy a right already established under authority of law. … Clearly this is a proprietary function of the university and any recovery against it would . . create or increase the liability of the state . . .”

Frechette v. State

129 A.D.3d 1409 · Appellate Division of the Supreme Court of the State of New York · Jun 25, 2015

Finally, we agree with the Court of Claims that defendant failed to show that it was entitled to summary judgment on the basis of qualified immunity. 1 When defendant undertakes a “stud[y] [oí] a dangerous condition and determines … Thus, given the lack of evidence that defendant “ ‘passed on the very same question of risk,’ ” it was not entitled to summary judgment on the basis of qualified immunity (Ernest v Red Cr. Cent.

Bosch v. Hain

184 N.J. Super. 204 · New Jersey Superior Court Appellate Division · Feb 11, 1982

Thus, although N.J.S.A. 59:2-2 appears to establish sweeping vicarious liability for the acts of public employees, such general liability is, of course, subject to and circumscribed by the express immunity provisions of the … There is no indication in either of these sections that immunity applies only to discretionary acts. The language of N.J.S.A. 59:2-6 expressly provides two clearly stated exceptions to the immunity granted.

State v. Tanner

2020 Ohio 5413 · Ohio Court of Appeals · Nov 25, 2020

. {¶ 8} This Court has noted: The established standard of review for felony sentences is codified in R.C. 2953.08(G)(2). State v. … Government is instituted for their equal protection and benefit, and they have the right to alter, reform, or abolish the same, whenever they may deem it necessary; and no special privileges or immunities shall

State v. Crislip

110 N.M. 412 · New Mexico Court of Appeals · Apr 26, 1990

First, the record does not compel us to find that the prosecutor’s failure to grant immunity was for improper reasons. On the contrary, the state’s failure to grant immunity does not in itself establish bad faith. … His counsel’s decision, however, was clearly a tactical one. The record establishes that defense counsel’s decision not to object to the taped testimony was a considered judgment, not an oversight.