Case law

BRITT v. JACKSON Et Al.

819 S.E.2d 677 · Court of Appeals of Georgia · Sep 27, 2018

Here, the record reflects that the pleadings and evidentiary record established at the hearing included the dash cam video footage. … In contrast, the facts in Davis are clearly distinguishable from the facts here. In Davis, there was no evidence that any policy permitted the state trooper’s actions.

Brown v. City of Bloomington

706 N.W.2d 519 · Court of Appeals of Minnesota · Dec 6, 2005

not established a human-rights claim under Minn.Stat. § 363.03, subd. 4(1) (2004). … Summary judgment is appropriate when a governmental entity has established that its actions are immune from civil liability. Gutbrod v. County of Hennepin, 529 N.W.2d 720, 723 (Minn. App.1995).

University of Texas Health Science Center at San Antonio v. Michelle Stevens, Individually and as Next Friend of Kyra Stevens, a Minor

Texas Court of Appeals, 4th District (San Antonio) · Aug 31, 2010

Notice Requirements of Section 101.101 Under the doctrine of sovereign immunity, a unit of state government, such as UTHSC, is immune from suit and liability unless the State consents to waive its immunity. 4 See … We first address UTHSC’s complaint that it established conclusively that it did not receive actual notice of Stevens’ claims. C. Subjective Awareness In Cathey v.

Kerrville State Hospital v. Clark

900 S.W.2d 425 · Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

sovereign immunity. … If Kerrville had prescribed no medication, we would clearly ■be under Kassen ⅛ non-use of tangible personal property standard.

STATE EX REL. KIRKSVILLE MISSOURI HOSP. CO. v. Jaynes

328 S.W.3d 418 · Missouri Court of Appeals · Nov 9, 2010

NERMC has not met its burden to establish that Dr. Flood's report is immune from discovery pursuant to either the first or second sentence of section 537.035.4. … Though the court observed that section 537.035.3 provides qualified immunity for individuals "if their negligence in granting staff privileges derives from their good faith reliance on a peer review committee's recommendation

Arroyo v. University of Connecticut Health Center

175 Conn. App. 493 · Connecticut Appellate Court · Aug 15, 2017

‘‘The principle that the state cannot be sued without its consent, or sovereign immunity, is well established under our case law.’’ (Internal quotation marks omit- ted.) Morneau v. State, supra, 150 Conn. App. 246. … We agree with the plaintiffs that the court’s finding was not clearly erroneous in that regard.

Ware v. State

118 Conn. App. 65 · Connecticut Appellate Court · Nov 24, 2009

In making the determination whether a statute waives sovereign immunity, our Supreme Court has recognized “the well established principle that statutes in derogation of sovereign immunity should be strictly construed. *75 … We repeat the well established principle that “statutes in derogation of sovereign immunity should be strictly construed. . . .

Endykiewicz v. State Highway Commission

102 Mich. App. 662 · Michigan Court of Appeals · Jan 6, 1981

While common law governmental immunity has since been abolished, Pittman v City of Taylor, 398 Mich 41 ; 247 NW2d 512 (1976), the general rule of governmental immunity remains established by statute. … In Pagano , it was argued that the statute waived immunity for damages "suffered by him” but did not waive immunity for third party claimants when the injured person died.

City of Houston v. Petroleum Traders Corp.

261 S.W.3d 350 · Texas Court of Appeals, 14th District (Houston) · Jul 24, 2008

The Texas Supreme Court clearly stated that “lost profits ... are consequential damages excluded from recovery” under section 271.153. … Therefore, section 271.159 establishes no waiver of immunity from suit unless that section applies retroactively.

Jefferson County Sheriff's Office v. Kejohn Jennings

Court of Appeals of Kentucky · Aug 8, 2025

Qualified immunity is determined by the trial court, not the jury. Where qualified immunity is sought for a discretionary act, immunity is dependent upon the officer’s good faith. … But, it is also a fact that defeats the defendant’s assertion of qualified official immunity. . . .

Shaddox v. Bertani

2 Cal. Rptr. 3d 808 · California Court of Appeal · Jul 30, 2003

That a person’s unfitness for law enforcement *1417 can clearly be found in off-duty behavior has become an established incident of public employment. (E.g., Cranston v. … Superior Court (1990) 223 Cal.App.3d 1476 [ 73 Cal.Rptr. 1476 ] held that a knowingly false report to police was entitled to only a qualified privilege.

Giant Food Stores, LLC v. Penn Township

167 A.3d 252 · Commonwealth Court of Pennsylvania · Jul 18, 2017

Unlike the majority, I do not see how Penn Township’s decision to deny the intermunicipal transfer in this matter “affect[ed]” a personal or property right, privilege, immunity, duty, liability, or obligation of Giant. … This qualified right, grounded in the source statute, was one that this Court was bound to protect zealously, as a check and balance on executive branch action. See Bray v. McKees-port Hous. Autk, 114 A.3d 442 (Pa.

Christian v. Dept. of Transportation, 08ap-651 (3-31-2009)

2009 Ohio 1544 · Ohio Court of Appeals · Mar 31, 2009

It nonetheless concluded ODOT's subsequent "time and manner" decisions implementing the policy are themselves not entitled to immunity. … Lightle testified the Plattsburg Road bridge was "clearly in a rural area" because it neither fell within the corporate limits of any municipality or village nor displayed any urban characteristics such as land development

Taylor v. Wake Cty.

258 N.C. App. 178 · Court of Appeals of North Carolina · Feb 20, 2018

The question left in the wake of Corum is: what qualifies as an “adequate state remedy?” … it possess[ed] [was] more precisely identified as governmental immunity[.]”

Hannay v. Department of Transportation

299 Mich. App. 261 · Michigan Court of Appeals · Jan 17, 2013

However, the GTLA provides that governmental agencies are “immune from tort liability” when “engaged in the exercise or discharge of a governmental function” unless a specific exception to governmental immunity is applicable … Thus, the general purpose of the act was to abolish tort liability for governmental entities, even if a plaintiff is able to establish the elements of a tort claim.

State v. Kingbird

412 N.W.2d 350 · Court of Appeals of Minnesota · Sep 22, 1987

The evidence, however, established that his mother’s home was seven to eight miles away. … The statute clearly applies to the witness, not the defendant. A challenge to a grant of immunity, like the assertion of the privilege against self-incrimination, is personal.

CIJII LUNDY v. HANCOCK COUNTY

Court of Appeals of Georgia · Jun 23, 2023

A waiver of sovereign immunity must be established by the party seeking to benefit from that waiver, and when a litigant fails to bear this burden, the trial court must dismiss the complaint . . . for lack of subject-matter … App. 448, 450 (820 SE2d 75) (2018) (waiver of sovereign immunity must be established by the party seeking to benefit from such waiver).

Barnhill v. American Well Service & Salvage

432 So. 2d 917 · Louisiana Court of Appeal · May 2, 1983

The contract required Dravo to provide: "[A]ll necessary qualified personnel and services to perform preventative and remedial maintenance on DOE-owned facilities and equipment.... … failed to meet their burden of showing that the work being done by Barnhill and Williams, at the time of their accident, was within the scope of Dravo's and Texas Brine's respective trades, businesses or occupations so as to establish

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