Case law

Charter Township of York v. Donald Miller

322 Mich. App. 648 · Michigan Court of Appeals · Jan 18, 2018

The MMMA provides immunity from arrest, prosecution, and penalties in any manner, and prohibits the denial of any rights or privileges to qualifying medical marijuana patients and registered primary caregivers. … The MMMA also provides that other state law inconsistent with the MMMA may not interfere with the rights established under the MMMA.

Johnson v. Northside Residents Redevelopment Council

467 N.W.2d 826 · Court of Appeals of Minnesota · Apr 9, 1991

Qualified privileges do not act as an immunity from suit, but rather as an immunity from liability for damages. … These issues clearly do not involve immunity and should not be reviewed in this procedural posture.

Mayronne v. Vaught

94 La.App. 4 Cir. 2140 · Louisiana Court of Appeal · Apr 13, 1995

Qualified immunity shields government officials performing discretionary functions “from liability for civil damages insofar as their Rconduct does not violate clearly established statutory or constitutional rights of which … Qualified immunity does not act as an absolute bar, but rather as a threshold over which a plaintiff must pass to continue litigation.

Peter Antonellis v. Department of Elder Affairs and Ann Hartsein, Individually and in Her Official Capacity as Secretary of Elder Affairs

Massachusetts Superior Court · Jan 15, 2019

Even if Plaintiff establishes these three elements, a Defendant escapes liability if he or she shows an entitlement to qualified immunity, an affirmative defense. DiMarco C Zappa v. … clearly established rights."

Mattingly v. Mitchell

425 S.W.3d 85 · Court of Appeals of Kentucky · Jun 21, 2013

Although Prater involved a claim of absolute immunity, the rule is logically extended to a claim of qualified official immunity. … Our Supreme Court held teachers assigned to supervise a school-sponsored baseball practice were not entitled to qualified official immunity because the school had an established rule that children were required to wear batting

State Ex Rel. Jacobs v. Sherard

36 N.C. App. 60 · Court of Appeals of North Carolina · Apr 18, 1978

Contending that prosecutorial immunity may be only “qualified,” or malice-destroyed, defendant relies on the following language in State v. … Swanson’s grant of only qualified immunity to public officers does not affect the general grant of absolute immunity to district attorneys.

Olson v. Johnson

961 So. 2d 356 · District Court of Appeal of Florida · Jun 29, 2007

Alternatively, Johnson asserts that a qualified privilege is applicable and is sufficient to defeat Olson's claim. We conclude that neither an absolute nor a qualified privilege applies here. … Sovereign Immunity Does Not Apply Finally, Johnson has failed to explain how her actions in filing the police affidavit could possibly be protected by sovereign immunity.

Fernez v. Calabrese

760 So. 2d 1144 · District Court of Appeal of Florida · Jul 7, 2000

The court pointed out that under the qualified immunity doctrine, government officials performing discretionary functions are generally shielded from liability for civil damages insofar as their conduct does not violate clearly … If there are factual disputes, clearly they should be resolved by the trial court. [2] Rule 9.130 states a party must be denied sovereign or qualified immunity "as a matter of law," but this is not always easy to determine

Malik Muntaqim, Adc 088633 v. Wendy Kelley, Director, Arkansas Department of Correction

641 S.W.3d 35 · Court of Appeals of Arkansas · Feb 16, 2022

conduct violated that clearly established right. … Otherwise, a state official is immune from individual-capacity suits if his or her actions did not violate clearly established principles of law of which a reasonable person would have knowledge.

Maewal v. Adventist Health Systems/Sunbelt, Inc.

868 S.W.2d 886 · Court of Appeals of Texas · Feb 8, 1994

Appellant contends appellees failed to provide written notice as required by the act and therefore fail to qualify for immunity. We reject this contention. … Second, appellant contends appellees failed to establish lack of malice, an affirmative defense, as a matter of law and do not qualify for immunity. Texas Medical Practice Act.

Watson v. Apache County

218 Ariz. 512 · Court of Appeals of Arizona · May 6, 2008

The Watsons challenge the court’s rulings that the County is entitled to qualified immunity and that they failed to *514 present or identify facts or an expert witness to establish gross negligence. … Specifically, they argue that, if the County is not protected by qualified immunity, then the issue of gross negligence is irrelevant.

Bird v. State Through Corbin

170 Ariz. 20 · Court of Appeals of Arizona · Nov 21, 1991

and (2) qualified immunity, which is available for nondiscretionary acts. … The licensing and regulation of any profession or occupation falls within the grant of absolute immunity, not qualified immunity.

Dempsey v. Denver Police Department

353 P.3d 928 · Colorado Court of Appeals · May 21, 2015

hazards" as "rain, fog, smoke, crowded traffic conditions, or many pedestrians crossing and re-crossing the roadway, perhaps unlawfully, after a parade, or the like," and noting that those kinds of conditions had not been established … zone from so qualifying.

Firth v. State

12 A.D.3d 907 · Appellate Division of the Supreme Court of the State of New York · Nov 18, 2004

The Court of Claims denied claimant’s motion and granted defendant’s cross motion premised on OSIG’s absolute privilege rendering it immune from liability, or alternatively, that OSIG was entitled to a qualified immunity … As the governor would clearly be entitled to absolute immunity, so are employees or agents specifically delegated the authority to carry out his duties (see Ward Telecom. & Computer Servs. v State of New York, supra at 291

Harrison v. State

203 So. 3d 126 · Court of Criminal Appeals of Alabama · Dec 18, 2015

Absent a clearly expressed legislative intent to the contrary, the language of the statute is conclusive. … We first note that Harrison is not entitled to any relief on his claim that he presented sufficient evidence during trial and after trial to establish that he was immune from prosecution.

Musso-Escude v. Edwards

4 P.3d 151 · Court of Appeals of Washington · Jul 17, 2000

is alleged. [22] Qualified immunity protects an official only for those acts done in *156 good faith. [23] In general, executive branch officials are afforded qualified immunity. [24] Where a state actor claims immunity … Under the doctrine of qualified immunity, government officials who perform discretionary functions are usually shielded from liability for civil damages if their conduct "does not violate clearly established statutory or

State v. Melms

101 N.E.3d 747 · Ohio Court of Appeals · May 18, 2018

Melms immunity from prosecution due to his confinement is contrary to the policy considerations underlying the immunity statute. {¶ 14} Melms asserts that he is a qualified individual as defined by R.C. 2925.11(B)(2)(a)(viii … The newly established immunity from prosecution set out in R.C. 2925.11(B) is not a fundamental right." {¶ 20} According to the State, "the class distinction drawn by this law is based solely on whether an individual has

Bedsole v. Clark

33 So. 3d 9 · Court of Civil Appeals of Alabama · Sep 18, 2009

‘“Qualified immunity protects government officials performing discretionary functions from suits in their individual capacities unless their conduct violates “clearly established statutory or constitutional rights of which … When a government official seeks summary judgment based on qualified immunity, courts apply a two-step test to determine whether qualified immunity is appropriate.

Elec. Reliability Council of Tex., Inc. v. Panda Power Generation Infrastructure Fund, LLC

552 S.W.3d 297 · Court of Appeals of Texas · Apr 16, 2018

We quote Panda's live petition at length because it clearly identifies Panda's position. … itself enjoys"; and (4) "the policies underlying official and qualified immunity are simply irrelevant to that contention."

El Paso Independent School District, Dr. Lorenzo Garcia and Mark Mendoza v. Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Minor Children, K. M., L. M., C. M., M. M., and L. M.

Texas Court of Appeals, 8th District (El Paso) · Aug 6, 2014

and qualified immunity. … The test for qualified immunity requires the court to engage in a two part inquiry: (1) whether a public official’s conduct violated a constitutional or statutory right; and (2) whether the right was “clearly established