Case law

Schabel v. DEER VALLEY UNIFIED SCHOOL

186 Ariz. 161 · Court of Appeals of Arizona · Jul 9, 1996

Accordingly, we examine the application of this statute to the Schabels' claims and the district's acts with a view to finding immunity only if it clearly applies. *165 We first examine the effect of the holding in Goss on … The Schabels have made no arguments either below or on appeal concerning immunity for negligent supervision. Issues not clearly raised and argued in a party's appellate brief are waived. Carrillo v.

Mayor & City Cncl of Balt. v. Wallace

Court of Special Appeals of Maryland · Feb 1, 2024

Consistent with the General Assembly’s intent, the Recreational Use Statute does not shield local governments from the well-established common law principle that local governments are not immune from tort liability if performing … sovereign immunity in the future.

Wilson v. Isaacs

917 N.E.2d 1251 · Indiana Court of Appeals · Dec 15, 2009

We therefore conclude that the undisputed evidence established that Deputy Craven was acting within the scope of his employment. … Notwithstanding their argument to the contrary, we conclude that the evidence established that Deputy Craven was acting within the seope of his employment when the conduct occurred.

Mann v. Johnson Memorial Hospital

611 N.E.2d 676 · Indiana Court of Appeals · Apr 6, 1993

The Indiana peer review statute clearly entitles the charged health care provider to an evidentiary hearing before the medical staff,. … Medtronic (1992), Ind.App., 594 N.E.2d 448 ("Quality Assurance Council" which reviewed incident reports qualified as personnel of a peer review committee).

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

Acevedo v. Pima County Adult Probation Department

142 Ariz. 360 · Court of Appeals of Arizona · Nov 16, 1983

Absolute immunity for participants in judicial proceedings is well established: “This Court early held that judges of courts of superior or general authority are absolutely priviledged [sic] as respects civil suits to recover … Clearly, the nature of the suit, whether brought under § 1983 or as a common law tort claim, is irrelevant to the application of the doctrine of judicial immunity. See Challenge, Inc. v.

Decorah Genealogy Association v. Roger L. Bergan

Court of Appeals of Iowa · Jul 22, 2020

Qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. Forsyth, 472 U.S. 511, 526, 105 S.Ct. 2806, 2815, 86 L.Ed.2d 411, 425 (1985). … So, DGA contends, “[t]he irregular meeting held by Bergan and five others immediately prior” to the microfilm removal “was clearly not a corporate action of WCHS capable of conferring a ‘duty’ and hence [statutory] immunity

Application of Du Page County Collector

243 Ill. App. 3d 823 · Appellate Court of Illinois · Apr 13, 1993

The collector contends that this Tort Immunity Act language clearly places liability insurance taxes outside the limitations of section 25.05. … Thus the question before us is whether language in the Tort Immunity Act clearly and expressly excluded liability taxes from the section 25.05 limitation.

Jacobs v. GROSSMONT HOSPITAL

133 Cal. Rptr. 2d 9 · California Court of Appeal · Apr 24, 2003

Section 5278 clearly grants immunity to those individuals authorized to detain a person for a 72-hour hold. … To eliminate any concern for possible liability related to the decision to detain, section 5278 clearly affords immunity to those individuals who exercise the authority to detain in accordance with the law.

Scher v. Purkett

847 S.W.2d 76 · Missouri Court of Appeals · Jun 30, 1992

The respondent prison officials insist upon their immunity from suit under the official immunity and public duty doctrines. … Policy-making entails developing a means *79 to an end, and necessarily involves discretionary functions clearly within the scope of official immunity. See Kanagawa, 685 S.W.2d at 836-37 .

Abruzzo v. City of Park Ridge

2013 IL App (1st) 122360 · Appellate Court of Illinois · Feb 24, 2014

Franzen recalled that once it was established that Joseph was okay Franzen told everyone they were leaving. … - 13 -  alleged immunity is based.

City of St. Joseph v. Dewayne A. Leer

474 S.W.3d 196 · Missouri Court of Appeals · Nov 3, 2015

He argues the 3 dictionary defines "billiard parlor" as "a room in which billiards is played" and that, because billiards is played in his establishment, Uncle D's qualifies … The definitions and exemptions contained in the 1993 Article are simply 7 The definition of what qualifies as a bar is more limited in the 1993 Article than in the 2014 Article in that it was limited to establishments

Courville v. City of Lake Charles

720 So. 2d 789 · Louisiana Court of Appeal · Oct 28, 1998

It is only then that this court should address the issue of qualified immunity. See id. As we appreciate his argument, Mr. … Courville regarding qualified immunity are moot, and we will not address those issues.

Davis Nursing Ass'n v. Neal

560 S.W.3d 485 · Court of Appeals of Arkansas · Sep 19, 2018

The evidence also established that Neal was required to sign a personal guarantee for all obligations of Mr. Newborn pursuant to this agreement. … And it is another reason why I am increasingly persuaded that courts, not juries, should decide the immunity question while using a fair, clearly defined, and more efficient process.

Fernando Yates v. Houston Independent School District

Texas Court of Appeals, 1st District (Houston) · Nov 13, 2025

The Notice of Trial Setting from the Justice Court Harris County, Precinct 1, Place 1 clearly prove it. … he pled facts sufficient to establish the District waived its immunity.

Ex Parte Robert Burns Springsteen IV

Texas Court of Appeals, 3rd District (Austin) · Feb 9, 2015

To qualify for compensation, an applicant must proceed and qualify under The Act itself.6 The UDJA cannot be used to bootstrap an attempt to qualify to receive compensation under The Act because a declaratory judgment … CONCLUSION AND PRAYER In conclusion, this court does not have jurisdiction over this action because Appellant failed to plead facts necessary to establish a waiver of sovereign immunity, has filed a defective pleading

Haynes v. City of Franklin

135 Ohio App. 3d 82 · Ohio Court of Appeals · Oct 18, 1999

The trial court’s order clearly affected a substantial right because it denied the city the benefit of its statutory immunity defense. … As already noted, the trial court’s order clearly affected a substantial right of the city.

State v. Mills

196 Ariz. 269 · Court of Appeals of Arizona · Apr 14, 1999

The trial court clearly understood the jeopardy Hernandez faced should he undergo fierce cross-examination. … A free talk and immunity from prosecution are two different circumstances. Immunity may only be granted upon the state’s written request and an order entered pursuant to A.R.S. § 13-4064.

Pries v. McMillon

314 Wis. 2d 706 · Court of Appeals of Wisconsin · Oct 28, 2008

Cords "held that the compellingly dangerous circumstances established a duty to warn that was 'so clear and absolute that it [fell] within the definition of a ministerial duty.'" … immunity, public officer immunity, public employee immunity and discretionary act immunity.

Bowles v. Clipp

920 S.W.2d 752 · Texas Court of Appeals, 5th District (Dallas) · Feb 22, 1996

of such immunity. … Merrill fails to recognize the distinction between establishing a legislative policy and administering it. Here, Bowles obviously did not establish a policy, act, or law.