Case law

John Fox v. Joe Wardy, Mayor, Susan Austin, Jose A. Lozano, John F. Cook, Daniel S. Power, Paul J. Escobar, Vivian Rojas, Anthony Cobos

Texas Court of Appeals, 8th District (El Paso) · Jun 30, 2010

For the plea to qualify as an interlocutory order, the granting or denying of the same by a governmental unit must leave other parties or claims at issue in the trial court. Cf. … Generally, municipalities enjoy sovereign immunity, and Fox, as the party suing the governmental unit, had the burden to establish a waiver of the City’s sovereign immunity by pleading the City’s consent to be sued, express

Simms v. State

49 Md. App. 515 · Court of Special Appeals of Maryland · Sep 2, 1981

Only where the pretrial publicity in and of itself is so passive and widespread that it is clearly prejudicial, or where the publicity is so inherently prejudicial that it "saturated the community” is the remedial step of … (b) Immunity of law enforcement officer from civil liability. — Any law enforcement officer responding to such a request shall be immune from civil liability in complying with the request as long as the officer acts in good

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.

Roach v. Hedges

419 S.W.3d 46 · Court of Appeals of Kentucky · Feb 15, 2013

The circuit court determined that Kentucky’s Recreational Use Statute, Kentucky Revised Statutes (“KRS”) 411.190(3)-(4), is applicable, rendering the appellees immune from suit. … The appellees’ motion set forth three grounds for relief: 1) they were entitled to qualified official immunity; 2) Roach failed to establish a breach of the duty of care; and 3) KRS 411.190(3)-(4) applies to remove any duty

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.

Bobbie Jean Lowe v. City of Moss Point, Mississippi, a Municipal Corporation

243 So. 3d 753 · Court of Appeals of Mississippi · Oct 3, 2017

And clearly, the converse must be true, such that narrower duties encompassed in a broad discretionary function may be rendered ministerial through statute or regulation. Miss. Transp. Comm’n v. … Because immunity has been established, it is unnecessary for us to address the parties’ alternative arguments, which were, likewise, not relied upon or addressed by the trial court. ¶13. AFFIRMED.

People v. Lee

88 Ill. App. 3d 396 · Appellate Court of Illinois · Sep 17, 1980

The Coleman decision has been followed by courts of Rhode Island, Wisconsin, North Dakota, and Michigan, which courts have established either use immunity or exclusionary rules for testimony given by a probationer at a revocation … The California Supreme Court in Coleman, and those courts of other States who have established either use immunity or exclusionary rules in situations such as the one presented in this case, have refused to base their decisions

Nicholson v. Youngstown

2025 Ohio 1915 · Ohio Court of Appeals · May 23, 2025

Appellant used terms of art such as "taking for which just compensation should have been made" and "due process of law," clearly invoking constitutional rights. … As there are clearly outstanding issues of material fact regarding whether the emergency demolition was justified, summary judgment was not appropriate.

Paul Martin Clark and Black Citizens for Justice, Law and Order, Inc. v. Gladys Elaine Blanton Jenkins

Texas Court of Appeals, 7th District (Amarillo) · Feb 22, 2008

Clearly, all communications to public officials are not absolutely privileged. Hurlbut , 749 S.W.2d at 768 . … Initial communications “to a public officer . . . who is authorized or privileged to take action” are subject to only a qualified privilege, not absolute immunity. Id.

Jacobs v. CITY OF COLUMBUS, ETC.

454 N.E.2d 1253 · Indiana Court of Appeals · Oct 18, 1983

Other than the dicta in Seymour, we have found no case which qualifies the immunity granted in Ind. Code 34-4-16.5-3. The immunity in issue is a residue of the sovereign immunities enunciated in pre- Campbell cases. … conduct might otherwise be clearly established."

McNamara v. Marion Popcorn Festival

2012 Ohio 5578 · Ohio Court of Appeals · Dec 3, 2012

is established under R.C. 2744.02(A)(1), the second tier of analysis is whether any of the five exceptions to immunity in subsection (B) apply. * * * Finally, under the third tier of analysis, immunity … Clearly that is not the case here. We find the other cases cited by the McNamaras are even more readily distinguishable than Crabtree or are unpersuasive to our holding.

Flick v. Malino

356 So. 2d 904 · District Court of Appeal of Florida · Mar 23, 1978

Malino's motion for summary judgment established that her husband was sole owner of the dog that bit Jennifer and that two clearly readable "bad dog" signs were posted on the fence surrounding the property. … Here, the record before the trial court on the motion for summary judgment did not establish that Jennifer came to the Malino home property without an express or implied invitation. See Wood v.

Greene v. Barrick

198 N.C. App. 647 · Court of Appeals of North Carolina · Aug 4, 2009

(“NETSTAR”) to assist the sheriff’s office in establishing a helicopter program. Deputy Horton acted as an intermediary between Barrick and Sheriff Jones. … This Court has held that “when the moving party claims sovereign, absolute or qualified immunity, the denial of a motion for summary judgment is immediately appealable.” Moore v. Evans, 124 N.C.

State v. Brainard

968 S.W.2d 403 · Texas Court of Appeals, 7th District (Amarillo) · May 5, 1998

and fixed at the mid-height point of the lowest `acceptable' or qualified bank in the vicinity." 30 Tex. … A waiver of sovereign immunity is a matter addressed to the Legislature, Lowe v.

Shamsee v. Shamsee

74 A.D.2d 357 · Appellate Division of the Supreme Court of the State of New York · May 19, 1980

Moreover, in our opinion, the facts in this case establish beyond doubt that the United Nations Joint Staff Pension Fund and its secretary are immune from the sequestration order at Special Term under the applicable Federal … Shamsee under the sequestration order clearly constituted an act undertaken in his official capacity as secretary of the fund, and he is thus shielded from a contempt finding and its consequences by section 17 of the convention

City of Seagoville v. Lytle

227 S.W.3d 401 · Texas Court of Appeals, 5th District (Dallas) · Jun 13, 2007

To obtain summary judgment on the basis of official immunity, a government employee must conclusively establish each element of the defense and establish entitlement to judgment as a matter of law. … We conclude Bustos conclusively established each element of the affirmative defense of official immunity, establishing her entitlement to judgment as a matter of law.

Davis v. Brown Local Schools

2019 Ohio 246 · Ohio Court of Appeals · Jan 24, 2019

Neer, 149 Ohio St.3d 349, 2016-Ohio-8374, 75 N.E.2d 161, we do not consider Rusnak’s testimony at this juncture as McLaughlin’s “entitlement to statutory immunity is a separate question from the plaintiff’s ability to establish … The Act establishes statutory tort immunity in specific cases in which political subdivisions, including cities and townships, may otherwise be sued in negligence. Haynes v.

Bradley v. Board of County Commissioners

20 Kan. App. 2d 602 · Court of Appeals of Kansas · Mar 3, 1995

Even if 75-6104(j) does not provide immunity to defendants, Bradley’s claims would also fail on grounds that she has not established the existence of any duty on the part of defendants to warn her of the approaching storm … Here, Bradley has failed to establish the existence of any factors that might distinguish the facts in Griffin from those here.

People ex rel. Becerra v. Native Wholesale Supply Co.

249 Cal. Rptr. 3d 445 · California Court of Appeal, 5th District · Jul 2, 2019

The court found neither tribal immunity nor preemption applied. … We see no support for such an interpretation of the Indian Commerce Clause in the jurisprudence of the United States Supreme Court, whose decisions clearly establish that the Indian Commerce Clause does not 'of its own force

Brezinski v. County of Allegheny

694 A.2d 388 · Commonwealth Court of Pennsylvania · May 27, 1997

the *390 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 he is entitled to judgment as a matter of law. … In so holding, we need not address the County’s argument that it is also immune under the real estate exception to governmental immunity in the Tort Claims Act.