Case law

Robertson County v. Wymola

17 S.W.3d 334 · Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2000

Because an award of prejudgment interest attempts to put a plaintiff back into her pre-injury position, we believe pre-judgment interest is properly a component of actual damages for which immunity has clearly been waived … In addition, no mention of immunity from interest was made in the County’s motion for new trial. A governmental entity’s immunity from suit is a jurisdictional issue that may be raised for the first time on appeal.

City of Baytown v. Fabio Fernandes

Texas Court of Appeals, 1st District (Houston) · Aug 3, 2023

City’s Jurisdictional Plea The City filed a plea to the jurisdiction contending Fernandes must plead and prove gross negligence to establish a waiver of its governmental immunity, and alleging the evidence refutes … To establish a waiver of immunity under the Recreational Use Statute, ordinary negligence is insufficient; instead, a plaintiff must establish the governmental unit “has been grossly negligent or has acted with malicious

Savio v. Travelers Insurance Co.

678 P.2d 549 · Colorado Court of Appeals · Mar 5, 1984

Medical malpractice not being such a risk, the physician was not immune from liability. See Dorr v. C.B. Johnson, Inc., 660 P.2d 517 (Colo.App.1983). … Establishment of a claim for breach of a good faith duty alone is not sufficient to establish a claim for punitive damages. Farmers Group, Inc. v. Trim-ble, supra.

Jackson v. State

29 Tex. Ct. App. 458 · Court of Appeals of Texas · May 6, 1891

The only one who attempted to qualify as such was the justice, who, before he was. permitted to give his opinion as to the character of said bones, stated that “he had seen several human skeletons, and from what he knew of … It-is equally indispensable that the death of the alleged person be clearly established before a conviction can be had, however cogent may be the *465 other facts proved against the defendant; and the authorities concur that

Dodge v. County of Erie

140 A.D.3d 1678 · Appellate Division of the Supreme Court of the State of New York · Jun 10, 2016

We further conclude that defendant failed to establish on its motion its entitlement as a matter of law to the qualified immunity set forth in Weiss v Fote ( 7 NY2d 579, 585 [1960], rearg denied 8 NY2d 934 [I960]). … immunity {Brown v State of New York, 79 AD3d 1579, 1582 [2010], citing Cummins v County of Onondaga, 198 AD2d 875, 877 [1993], affd 84 NY2d 322 [1994]).

Thomas v. Lehman

138 Wash. App. 618 · Court of Appeals of Washington · May 15, 2007

In so doing, however, we do not consider and, instead, reject the DOC’s assertion that public officials are immune from 42 U.S.C. § 1983 civil rights actions. … Neither absolute nor qualified immunity extends to § 1983 suits for declaratory relief such as this one. See, e.g., Orellana v. Kyle, 65 F.3d 29, 33 (5th Cir. 1995), cert. denied, 516 U.S. 1059 (1996); Chrissy F. v.

Jones v. Oxnard School District

270 Cal. App. 2d 587 · California Court of Appeal · Mar 11, 1969

The subchapter established the standards for issuance of provisional credentials by the state board of education. … appellant was not qualified.

S. Wise v. Huntingdon County Housing Development Corp.

212 A.3d 1156 · Commonwealth Court of Pennsylvania · Jun 12, 2019

To defeat the defense of sovereign immunity, the plaintiff must also establish that his or her allegations fall within one of the nine enumerated exceptions to sovereign immunity … Nonetheless, even assuming arguendo that such is true, the Commonwealth’s breach of its duty does not remove the sovereign immunity bar precluding Wise’s action against the Commonwealth, unless she establishes that her claim

Gomez v. HOUSING AUTHORITY OF EL PASO

148 S.W.3d 471 · Texas Court of Appeals, 8th District (El Paso) · Oct 20, 2004

Sovereign immunity encompasses two principles: immunity from suit and immunity from liability. Texas Natural Resource Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex.2002). … Actions and decisions by officials that are merely inept, erroneous, ineffective, or negligent do not amount to deliberate indifference and do not divest officials of qualified immunity. Id.

Carter v. McWherter

859 S.W.2d 343 · Court of Appeals of Tennessee · Apr 2, 1993

In addition, the plaintiffs requested that the trial court certify in the class all qualified eligible police officers in the state who completed the mandatory in-service training courses under T.C.A., § 38-8-111 for the … The Commission was established to develop, plan, and implement law enforcement training programs for local law enforcement officers in Tennessee, establish uniform standards for the employment and training of police officers

Monarch Beverage Company, Inc. v. David Cook, in his official capacity as Chairman of the Indiana Alcohol and Tobacco Commission

48 N.E.3d 325 · Indiana Court of Appeals · Dec 17, 2015

Our methodology for interpreting and applying provisions of the Indiana Constitution is well established. … The party challenging the constitutionality of a statute bears the high burden of overcoming this presumption and establishing a constitutional violation, and any doubts are resolved in favor

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.

Ritzler v. Arcadia

2020 Ohio 4416 · Ohio Court of Appeals · Sep 14, 2020

The Ritzlers again emphasized that sovereign immunity was not proper in a breach of contract claim. … Arcadia’s attorney challenged the Ritzlers’ attorney on the fact that some of the attorney’s fees clearly predated the filing of the breach of contract action.

State ex rel. Public Housing Agency of Bethany v. Krohn

98 S.W.3d 911 · Missouri Court of Appeals · Mar 11, 2003

A defending party may establish a right to judgment as a matter of law by showing: (1) facts that negate any one of the claimant’s elements facts, (2) that the non-movant, after an adequate period of discovery, has not been … and clearly mandated public policy, the employee has a cause of action in tort for damages for wrongful discharge.’ ” (quoting Boyle v.

Domino v. Walworth County

118 Wis. 2d 488 · Court of Appeals of Wisconsin · Mar 27, 1984

In a series of cases involving immunity with respect to highway signs, the supreme court has established a general rule that once a legislative or quasi-legislative decision to place a highway sign is made, negligence in … Here, the trial court’s finding is not clearly erroneous and is supported by credible evidence. Accordingly, it is sustained.

the City of Austin D/B/A Austin Energy v. Liberty Mutual Insurance Travelers Lloyds of Texas Insurance Company Safeco Insurance Company of Indiana Travelers Commercial Insurance Company Travelers Casualty Insurance Company of America Elizabeth Harpine William McCurley

Texas Court of Appeals, 3rd District (Austin) · May 16, 2014

In its motion, the City asserted that appellees’ petitions did not sufficiently allege the “intent” and “public use” elements required for governmental action to qualify as a taking. … See Little-Tex Insulation Co., 39 S.W.3d at 598-99 (immunity retained in absence of properly pleaded takings claim); Carowest Land, Ltd., 2014 WL 1774535, at *6 (if plaintiff cannot establish viable takings claim against

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

St. Paul Fire & Marine Insurance Co. v. City of Waukegan

2017 IL App (2d) 160381 · Appellate Court of Illinois · Sep 15, 2017

The issue in Steidl was whether the officers were entitled to qualified immunity for their conduct. … The court held that the district court correctly denied the officers’ motion for dismissal on qualified immunity.

Texas Department of Transportation v. Gutierrez

243 S.W.3d 127 · Texas Court of Appeals, 4th District (San Antonio) · Sep 5, 2007

On appeal, TxDOT contends it did not waive its immunity because: (1) the plaintiffs failed to establish that the gravel on FM 624 posed an unreasonable risk of harm; (2) regardless of the type of defect, TxDOT discharged … We, therefore, conclude that the excessive gravel in this instance qualifies as a special defect.

Scribner v. State

9 Okla. Crim. 465 · Court of Criminal Appeals of Oklahoma · May 31, 1913

What was known as the Court of Star Chamber was established in 1487, which was the successor to and which followed the precedents established by the ecclesiastical courts. … But the doctrine established in Texas, and which we intend to see enforced in Oklahoma, is that if a witness willfully swears falsely, immunity shall not be extended to him.