Case law

Morgan v. Natale

2022 Ohio 1281 · Ohio Court of Appeals · Apr 18, 2022

McCloud, 6 Ohio St.3d 447, 453 N.E.2d 693 (1983), the Supreme Court of Ohio described immunity as applied to the actors in the judicial process: {¶73} “It is a well-established rule that judges, counsel, parties, … While performing these functions, he is entitled to only a qualified immunity. {¶76} “In determining whether the prosecutor’s acts are quasi-judicial as opposed to investigative or administrative, the courts have

Cook v. Senior

3 Kan. App. 278 · Court of Appeals of Kansas · May 8, 1896

Senior was the duly elected, qualified and acting *280 state senator of the fifteenth senatorial district of the state of Kansas. … This action brings this case clearly within the rule laid down in Chambers v. Bridge Manufactory, 16 Kan. 270 .

Ryan v. Glen Ellyn Raintree Condominium Ass'n

2014 IL App (2d) 130682 · Appellate Court of Illinois · May 27, 2014

And it would amount to a presumption by this Court that the legislature intended to abrogate the common law, where such intent was not clearly or plainly expressed.” … Instead, section 2 eliminates (subject to the “willful or wanton” qualifier) liability for “acts or omissions” in snow and ice removal efforts, i.e., for activity or passivity in such efforts.

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.

Stellar Virtual Texas v. Sandra Aguilar

Texas Court of Appeals, 13th District · May 14, 2026

She pleaded the following: [Aguilar] is (1) qualified for her position as a [s]pecial [e]ducation [t]eacher as she has the educational qualifications for the position; (2) [Aguilar] was subjected to … (“It is a well-established rule in Texas that if a judgment rendered . . . does not dispose of the entire controversy, it is interlocutory in nature and not a final judgment from which an appeal will lie.”).

Richard v. Hall

843 So. 2d 433 · Louisiana Court of Appeal · Feb 14, 2003

provisions established pursuant to La. … Therefore, our interpretation that SSI qualifies for immunity pursuant to the dictates of La. R.S. 9:2791, et seq, does not constitute a broadening of the statute. The judgments of the trial court are affirmed.

Manor Independent School District v. Deydra Steans

Texas Court of Appeals, 3rd District (Austin) · May 15, 2015

This case does not qualify as an Emergency. … Clearly, the nature of the pleading was such to where it could have been filed within 180 days.

Holland v. City of Poughkeepsie

90 A.D.3d 841 · Appellate Division of the Supreme Court of the State of New York · Dec 20, 2011

If found to be objectively reasonable, the officer’s actions are privileged under the doctrine of qualified immunity (see Hayes v City of Amsterdam, 2 AD3d 1139, 1140 [2003]; Higgins v City of Oneonta, 208 AD2d 1067 , 1071 … These triable issues of fact with respect to whether *846 Labrada’s evaluation of probable cause was objectively reasonable preclude an award of summary judgment in favor of Labrada on the ground of qualified immunity (see

Heirs of Bernardo Del Real to Wit: Carmen Del Real Herrera Lydia Del Real Selvera Rosalinda Del Real Gutierrez Refugio Del Real Manuel Del Real Jr. And John Del Real All Individually and on Behalf of Bernardo Del Real, and on Behalf of the v. Robert Eason

Texas Court of Appeals, 11th District (Eastland) · Jun 7, 2012

In their first issue, appellants contend that appellee did not establish his affirmative defense of qualified immunity as a matter of law. … P. 166a(c) on his qualified immunity defense. Appellants’ issues on appeal are overruled.

Chemical Bank v. National Union Fire Ins.

70 A.D.2d 837 · Appellate Division of the Supreme Court of the State of New York · Jun 26, 1979

We are satisfied that defendant failed to sustain its burden of establishing the privileged character of the documents (Koump v Smith, 25 NY2d 287 ), and the order accordingly is reversed. … As to such documents when developed prior to litigation, the rule is: "Multi-motived reports do not warrant the immunity if litigation is but one of the motives.”

Rhiver v. Rietman

148 Ind. App. 266 · Indiana Court of Appeals · Dec 28, 1970

Immunity is a central consideration to this noble goal. … We think the examining physician’s privilege from civil liability may be qualified where malpractice is demonstrated.

Jones v. Town of Woodworth

15 La.App. 3 Cir. 568 · Louisiana Court of Appeal · Nov 4, 2015

JONES, SR.” ' The Town of Woodworth and Officer Sikes had also plead in their “Answer To Plaintiff’s Petition for Damages,” the affirmative defense of qualified immunity pursuant to La.R.S. 9:2798.1, La.R.S. 9:2800-2800.52 … A panel of our court decided to review the case on appeal under a duty/risk analysis pursuant to La,Civ.Code art. 2315, rather than apply the analysis applicable to statutory qualified immunity.

Nam v. Montgomery County

127 Md. App. 172 · Court of Special Appeals of Maryland · Jul 1, 1999

As such, Montgomery County, Maryland, has waived sovereign immunity as the acts of its employees under the local government tort claims act established in Courts and Judicial Proceedings Article § 5-403. … In that case this Court stated: A legislative waiver of immunity by a municipality is ineffective unless its legislature has clearly stated an intention to waive immunity and either there are funds available for satisfying

Ramos v. the City of Pueblo

2001 Colo. J. C.A.R. 2832 · Colorado Court of Appeals · Jun 7, 2001

The burden of establishing that immunity has been waived under the Governmental Immunity Act (GIA) is on the plaintiff. Capra v. Tucker, 857 P.2d 1346 (Colo.App.1993). … The trial court's resolution of this issue will be upheld unless it is clearly erroneous. Trinity Broadcasting of Denver, Inc. v. City of Westminster, 848 P.2d 916 (Colo.1993).

People v. Superior Court (Taylor)

53 Cal. App. 3d 996 · California Court of Appeal · Dec 22, 1975

defendant. *1001 Kaufman established that the trial court has “jurisdiction” to grant immunity to a defendant in a civil proceeding. … Under section 1324, discussed in Kaufman ( 12 Cal.3d at p. 426 ), the court is required to “order the question answered or the evidence produced unless it finds that to do so would be clearly contrary to the public interest

Conley v. Wapakoneta City School Dist. Bd. of Edn.

195 N.E.3d 1061 · Ohio Court of Appeals · Aug 22, 2022

. {¶26} The second tier of the analysis involves establishing if any of the five exceptions to immunity that are listed in R.C. 2744.02(B) lift the sovereign immunity and expose the political subdivision to liability … Thus, Wapakoneta City School District is a political subdivision generally entitled to immunity pursuant to R.C. 2744.02(A)(1). {¶30} With immunity generally established and the first tier of the immunity analysis

Rotolo v. San Jose Sports & Entertainment, LLC

59 Cal. Rptr. 3d 770 · California Court of Appeal · May 24, 2007

As initially enacted, Civil Code section 1714.21 provided a qualified immunity for any person who in good faith rendered emergency care by the use of an AED at the scene of an emergency, so long as the person had completed … An assistant manager of the establishment called for an ambulance but did not attempt to give first aid.

Jackson County Hosp. Corp. v. Aldrich

835 So. 2d 318 · District Court of Appeal of Florida · Dec 27, 2002

Because section 768.13(2)(b)1. clearly and unambiguously immunizes only hospitals licensed under chapter 395, employees of such hospitals working in a clinical area within the facility, and physicians, we are bound to follow … Even without this question being asked, the jury clearly could reasonably infer that Dr.

Amantia v. Cantwell

89 N.J. Super. 7 · New Jersey Superior Court Appellate Division · Aug 9, 1965

The legislative history of these statutes, in our judgment, clearly and conclusively establishes that technicians, such as the petitioners, are covered by their provisions. … Scott, 11 N.J. 231 (1953), reaffirmed the long-established principle that the State of New Jersey, its agencies and authorized officials when acting in their official capacities are immune from suit unless there is specific

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.