Case law

Hopkins v. City of Gloucester

358 N.J. Super. 271 · New Jersey Superior Court Appellate Division · Mar 12, 2003

possible negligence—it would not establish a showing by plaintiff of knowledge by Mr. … Johnson, he and his employer are immune from suit." *442 We do not agree.

From v. Tallahassee Democrat, Inc.

400 So. 2d 52 · District Court of Appeal of Florida · May 28, 1981

One of the privileges established by common law was that of "fair comment". This qualified privilege allowed a publisher to express an opinion or otherwise comment on matters of public interest. … In other words, defamatory matter uttered concerning a private figure gains no immunity from the notion, contradicting alleged fact, that by nature an opinion cannot have falsely described plaintiff; such defaming gains immunity

Azar v. Ferrari

898 A.2d 55 · Commonwealth Court of Pennsylvania · May 3, 2006

Moreover, summary judgment is only appropriate when, after examining the record in the light most favorable to the non-moving party, there is no genuine issue of material fact, and the moving party clearly establishes that … Azar alleges that the affidavit of Defendant Ferrari may not be used to establish the defense of high public official immunity, citing Nanty-Glo Boro. v. American Surety Co., 309 Pa. 236 , 163 A. 523 (1932).

Leatherman v. Rangel

986 S.W.2d 759 · Texas Court of Appeals, 6th District (Texarkana) · Feb 3, 1999

’s entitlement to quasi-judicial immunity; Defendant’s actions were not extreme and outrageous. … However, in the present case, the summary judgment stands on Rangel’s assertion of qualified privilege.

Bluntt v. O'Connor

291 A.D.2d 106 · Appellate Division of the Supreme Court of the State of New York · Feb 1, 2002

The father, who was never married to plaintiff and apparently never lived with her, brought a paternity proceeding on February 12, 1997, and it is undisputed that paternity was established. … The record in this case illustrates why quasi-judicial immunity is needed. Available remedies were not utilized.

Krueger v. Bailey

76 Ind. Dec. 821 · Indiana Court of Appeals · Jun 30, 1980

On the basis of certain portions of this deposition, the Kruegers claim that Herald was, clearly, a participant in a game of frisbee. … Before a statute will be declared repugnant to the Constitutions its fatal constitutional defects must be clearly apparent. ...

Cheri Blake v. Second Injury Fund of Iowa

Court of Appeals of Iowa · Sep 22, 2021

Easter Seal Soc’y of Iowa, Inc., 943 1 The record establishes that Graves’ disease is an immune system disorder causing overactivity of the thyroid. … As Blake did not sustain a first qualifying injury, she has not met her burden to establish the Fund’s liability.

Thomas v. Louisiana Casino Cruises, Inc.

2003 La.App. 1 Cir. 1937 · Louisiana Court of Appeal · Jun 25, 2004

To defeat a motion for summary judgment against an employment disability claim, the claimant must establish a prima facie case that: (1) he has a disability, as defined by the statute, (2) he is qualified for the job, and … Thomas failed to establish that (1) working outdoors as a casino security guard in 1997 qualified as a separate major life activity or (2) his physical impairment substantially limited his ability to work in general.

State of Missouri ex rel City of Lee's Summit, Missouri v. Honorabel Kenneth R. Garrett, III

568 S.W.3d 515 · Missouri Court of Appeals · Feb 13, 2019

Prohibition is therefore an appropriate remedy when “a defendant is clearly entitled to immunity.” State ex rel. Bd. of Trs. of City of North Kansas City Mem'l Hosp. v. … It is well established that enforcement of ordinances is a governmental function.” Nevada v. Bickel, 267 S.W.3d at 783.

D.L.C. v. Walsh

908 S.W.2d 791 · Missouri Court of Appeals · Aug 29, 1995

Appellants contend if the Kansas legislature had meant to provide qualified immunity to health care workers for acts of professional negligence, it would have explicitly done so. Appellants’ argument is without merit. … The legislature has clearly demonstrated an intent to protect children who have been physically abused.

Zuni Public School District, 89 v. State of New Mexico Public Education Department

1 N.M. Ct. App. 639 · New Mexico Court of Appeals · Apr 12, 2012

While Congress established the Federal Impact Aid program and set guidelines for states to receive federal equalization certification, New Mexico law sets out the method for SEG distributions and establishes the formula for … immunity.”

WRIGHT, DANIELLE v. CITY OF BUFFALO

Appellate Division of the Supreme Court of the State of New York · Mar 25, 2016

immunity, it must be established that it was objectively reasonable for the police officer[s] involved to believe that [their] conduct was appropriate under the circumstances, or that officers of reasonable competence could … immunity

DEPT. OF ENVIRON. RESOURCES v. Myers

135 Pa. Commw. 526 · Commonwealth Court of Pennsylvania · Oct 22, 1990

DER maintains that the trial court erred when it denied DER’s motion for judgment n.o.v. because Myers failed to establish that he satisfied the requirements of the personal property exception to sovereign immunity. … Commonwealth Ct. 86, 91 , 476 A.2d 998, 1000 (1984), we stated: We interpret this section as being evidence of an intent on the part of the General Assembly to exempt the sovereign from immunity only in specific, clearly-stated

Lee Howell v. Ernest Willis

Court of Appeals of Georgia · Jun 29, 2012

“The doctrine of official immunity, also known as qualified immunity, affords limited protection to public officers and employees for discretionary actions taken within the scope of their official authority, and done without … Once Willis satisfied his burden of establishing his defense of official immunity, the burden of production of evidence shift[ed] to the [Howells], who [could] survive summary judgment in the same fashion that

Jeannette Emmert v. State of Texas

Texas Court of Appeals, 7th District (Amarillo) · Jan 28, 2003

We conclude this identification is sufficient to establish appellant's identity. … Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals' summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures

Rutgers v. Piluso

113 N.J. Super. 65 · New Jersey Superior Court Appellate Division · Jan 11, 1971

That result would be contrary to the expressed intent to establish Rutgers as the State's instrumentality to operate the State University. In Aviation Services v. … Supporting the presumption of immunity are the provisions of the 1956 act.

Risley v. Board of Civil Service Commissioners

60 Cal. App. 2d 32 · California Court of Appeal · Jul 28, 1943

I reads: “No special privileges or immunities shall ever be granted which may not be altered, revoked, or repealed by the Legislature, nor shall any citizen, or class of citizens, be granted privileges or immunities which … “Nineteenth—Granting to any corporation, association, or individual any special or exclusive right, privilege or immunity. ’ ’ Clearly section 126 violates neither of these provisions.

McCarroll v. Town of E. Haven

180 Conn. App. 515 · Connecticut Appellate Court · Mar 27, 2018

‘‘The essential elements of a cause of action in negligence are well established: duty; breach of that duty; causation; and actual injury. . . . … The court stated that ‘‘[§] 52-557n abandons the common- law principle of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . .

Melendez v. City of New York

109 A.D.2d 13 · Appellate Division of the Supreme Court of the State of New York · Jun 4, 1985

It was established to secure to the subject a right to appeal to his peers, under the immunity of secrecy and irresponsibility, before the government could bring him to trial. … Clearly, disclosure of Grand Jury testimony is not needed to establish the charge that the City failed to properly train and teach its police officers or that there was negligence in the hiring or retention of Medina.

Catherine M. Flaitz v. Cornelius C. Sullivan, Jr., D.D.S.

Texas Court of Appeals, 1st District (Houston) · Feb 3, 2011

Here, because any inconsistency is slight, Flaitz has conclusively established good faith. See id. … Panel consists of Chief Justice Radack and Justices Alcala and Bland. [1] In her third and fourth issues, Flaitz contends that the allegedly defamatory comments cannot constitute defamation as a matter of law based on the qualified