Case law

James v. Farrington

844 S.W.2d 517 · Missouri Court of Appeals · Nov 17, 1992

waiver of sovereign immunity. … A determination that the Board had possession or control of the polling place does not end the inquiry for purposes of establishing an exception to sovereign immunity.

Hazelwood v. State

962 P.2d 196 · Court of Appeals of Alaska · Jul 2, 1998

Hazelwood asserts the significance of this entire transmission is that it established that Hazelwood was on the bridge immediately after the grounding, it established the weather conditions as he perceived them, and it established … State, 457 P.2d 622 (Alaska 1969); see also Bernard Penner, Immunity and Oil Spill Reporting Statutes, 3 U. Balt. J. Envtl.

Lawrence v. Department of Corrections

88 Mich. App. 167 · Michigan Court of Appeals · Jan 16, 1979

There is no such requirement under current prison disciplinary rules. 2 Recently the Michigan Supreme Court held that the Department of Corrections was immune from local zoning ordinances. … The charging officer is clearly in an adversary position vis-a-vis the prisoner. In addition, the administrative structure of the prison system fits the agency model contemplated in the APA.

HENDRICKS BY AND THROUGH MARTENS v. Weld

895 P.2d 1120 · Colorado Court of Appeals · Apr 6, 1995

Defendant challenges the applicability of this exception to the CGIA on the basis that, in its view, the unpadded wall cannot qualify as a "dangerous condition." … Defendant also claims that it is entitled to a new trial because the trial court should have included instructions that inadequate design alone is insufficient to establish liability and that the physical condition of the

El Paso Independent School District v. Michael McIntyre and Laura McIntyre, Individually and on Behalf of Their Minor Children, K. M., L. M., C. M., M. M., and L. M.

Texas Court of Appeals, 8th District (El Paso) · Sep 28, 2018

To defeat the qualified immunity defense, a plaintiff must show in part that the state actor violated a right that was “clearly established at the time of the challenged conduct.” … established constitutional right.

Kansas City Southern v. Port of Corpus Christi Authority

305 S.W.3d 296 · Texas Court of Appeals, 13th District · Dec 10, 2009

Accordingly, PoCCA’s sovereign immunity from suit has not been clearly and unambiguously waived by section 271.152 of the local government code. … Because we find that PoCCA's immunity from suit has not been clearly and unambiguously waived with respect to KCS's claims regarding the Tule Lake Lift Bridge, it follows that PoCCA would be immune to the enforcement of any

Brown Cty. Bd. of Health v. Raichyk

2013 Ohio 1727 · Ohio Court of Appeals · Apr 29, 2013

manifest weight analysis, "the reviewing court weighs the evidence and all reasonable inferences, considers the credibility of witnesses and determines whether, in resolving conflicts in the evidence, the finder of fact clearly … An individual suing a political subdivision "must first establish an exception to immunity under R.C. 2744.02(B)." Id. "In other words, 'R.C. 2744.03 is the third tier.

LTTS Charter School, Inc. v. C2 Construction, Inc.

358 S.W.3d 725 · Texas Court of Appeals, 5th District (Dallas) · Feb 29, 2012

Further, C2 Construction argues, even if Universal Academy qualifies as a “local government entity” for purposes of section 271.152, the record contains evidence that the conduct of Universal Academy’s board of directors … As described above, Universal Academy asserts that in section 12.103 of the education code, the Legislature “clearly instructed that the body of law which had grown around public school districts was to be applied equally

The City of Mesquite, Texas v. Anthony Wagner

Texas Court of Appeals, 5th District (Dallas) · May 12, 2023

Wagner contended that merely assisting in a foot pursuit of suspects not even known to be armed does not qualify for the emergency exception, averring that Crawford’s affidavit establishes that he acted with “conscious … To establish recklessness in this context, the employee must have committed an act that he knew or should have known posed a high degree of risk of serious injury. Id.; Green v. Alford, 274 S.W.3d 5, 22–23 (Tex. App.

Yetterant v. Ward Trucking Corp.

401 Pa. Super. 467 · Superior Court of Pennsylvania · Jan 18, 1991

Where the privilege is abused by the employer’s publication of the defamatory material to unauthorized parties, the employer is no longer immune from liability. Agriss, supra, 334 Pa.Super. at 309 , 483 A.2d at 463 . … Thus, to survive a challenge of failure to state a cause of action, the complaint must establish the violation of a public policy.

Byard v. Philadelphia Housing Authority

157 Pa. Commw. 269 · Commonwealth Court of Pennsylvania · Jul 22, 1993

Here, the act of Byard’s unidentified companion in closing the door on Byard’s finger is clearly a superseding negligent act and the proximate cause of Byard’s injury, which cuts off PHA’s liability. … City of Philadelphia, 531 Pa. 400 , 613 A.2d 1178 (1992) ] then establishes the principle that for a governmental unit to be held liable, active fault that has a direct nexus to the plaintiff is required on the part of the

Hanover Insurance Co. v. State Workers' Insurance Fund

35 A.3d 849 · Commonwealth Court of Pennsylvania · Jan 19, 2012

The Board was established in furtherance of a public policy extending more than 200 years ago to allow claimants who ordinarily would have been barred by sovereign immunity to have a method of redress against the Commonwealth … if it did not fit within the exception of the statute provided to exempt the immunity.

McCullers v. Lewis

265 N.C. App. 216 · Court of Appeals of North Carolina · May 7, 2019

Courts applying this framework have recently held that a defendant seeking to establish public official immunity must demonstrate that all three of the Isenhour factors are present. Leonard v. Bell, ___ N.C. … Exercise of a Portion of the Sovereign Power While the contours of what the sovereign power includes are not clearly defined by our case law, it is evident that a defendant claiming themself a public official for

Alcorn Ex Rel. Baskin v. Bartlett

13 Conn. Super. Ct. 463 · Connecticut Superior Court · Dec 17, 1945

An applicant who is qualified to meet the established standards for medical practitioners in this State and seeks to be licensed on the basis of a license issued by another state may be required to comply with such reasonable … Our statutes clearly establish the legislative intention to except from the requirement of passing the examination provided for in section 478f, doctors who have passed examinations by other boards, provided the other requirements

Fauquier County Department of Social Services v. Robinson

20 Va. App. 142 · Court of Appeals of Virginia · Apr 4, 1995

The local teams established by the CSA are not state agencies subject to VAPA requirements and, thus, qualify for the local authorities exemption under Code § 9-6.14:4.1(A)(5). … In this case, the evidence clearly supports the trial judge’s placement of the child in a residential treatment facility.

Red Star Express Lines v. DeStefano

104 N.J. Super. 102 · New Jersey Superior Court Appellate Division · Dec 24, 1968

Div. 1958) (proof held adequate to show plaintiff had established a permanent home in this State prior to the accident); Collins v. Yancey, 55 N.J. … The general rule is that statutes granting powers, privileges and immunities to corporations without any qualifying words will be construed as meaning domestic corporations in the absence of a plain indication to the contrary

Jones v. Crow

633 So. 2d 247 · Louisiana Court of Appeal · Nov 24, 1993

The burden is on a defendant to prove immunity from suit as a qualified health care provider under the Act. Goins v. Texas State Optical, Inc., 463 So.2d 743, 744 (La.App. 4th Cir. 1985). … By its clear language, Subsection E describes the exclusive methods by which the health care provider's financial responsibility may be established. Abate v. Healthcare International, Inc., 560 So.2d at 817 .

Jessica Shannon v. Memorial Drive Presbyterian Church U.S.

476 S.W.3d 612 · Court of Appeals of Texas · Sep 1, 2015

Accordingly, the Church has not conclusively established its entitlement to summary judgment on the affirmative defense of immunity under chapter 103. We sustain Shannon’s first issue. IV. … When the facts and circumstances are admitted or clearly established, however, the question becomes one of law.

Mann v. McCullough

174 Or. App. 599 · Court of Appeals of Oregon · Jun 20, 2001

for immunity under ORS 30.265(3)(c). … “The burden is on the state to establish its immunity. In some instances, the nature of the function alone is sufficient to establish immunity.

Chaplis v. County of Monterey

97 Cal. App. 3d 249 · California Court of Appeal · Aug 28, 1979

The record is clearly supportive of the agency. … There was no testimony by a qualified expert on building practices as to what a reasonable builder would have done about the site.