Case law

Farber v. Bobear

2010 La.App. 4 Cir. 0985 · Louisiana Court of Appeal · Jan 19, 2011

Arceneaux argued that, as an employee of the LSBME, she is immune from liability for defamation under La.Rev.Stat. § 37:1287(A). We agree with Ms. … However, plaintiff was clearly reprimanded for “clinical mismanagement” and “inappropriate prescriptions of Lincocin.”

Taylor v. Lenawee County Board of County Road Commissioners

216 Mich. App. 435 · Michigan Court of Appeals · Jun 11, 1996

The narrowly drawn highway exception to governmental immunity contained in MCL 691.1402; MSA 3.996(102) must be strictly construed, and no action may be maintained under the exception unless it clearly falls within the scope … We find no such duty or exception to governmental immunity.

State v. Enslin

42 N.C. App. 565 · Court of Appeals of North Carolina · Aug 15, 1979

Defendant also attacks the ordinance on equal protection grounds asserting that the ordinance improperly granted immunity to businesses similarly situated. … The ordinance specifically exempts from the licensing requirements a “regularly established and licensed hospital, sanitarium, nursing home or medical clinic” or an “office or clinic operated by a duly qualified and licensed

Stratman v. Brent

Appellate Court of Illinois · Aug 6, 1997

The defendant's argument that he has a duty to the general public to reasonably insure that only qualified applicants become law enforcement officers is also not persuasive. … In the case at bar, the defendant's statements were clearly meant to be a comment on the plaintiff's ability to perform in future positions.

Susan Combs, Texas Comptroller of Public Accounts and the Office of the Comptroller of Public Accounts v. the Texas Civil Rights Project and Sarah Canright

Texas Court of Appeals, 3rd District (Austin) · Aug 29, 2013

immunity. … is on the government employee to establish all elements of the defense.

Tuscaloosa County v. Henderson

699 So. 2d 1274 · Court of Civil Appeals of Alabama · Mar 28, 1997

Code 1975, establishes the office of license inspector and provides that each county commission is authorized and empowered to appoint an inspector. … In accordance with this statute, the county commission was responsible for hiring Tinsley, establishing Tinsley's salary, and paying Tinsley's salary and expenses.

KIRCHNER, JASON v. COUNTY OF NIAGARA

Appellate Division of the Supreme Court of the State of New York · Jun 28, 2013

We also reject the contention of the County of Niagara and Caldwell that they were entitled to qualified immunity. … Here, plaintiff alleged that Caldwell’s actions were made in bad faith, thus precluding application of the defense of qualified immunity at this stage of the litigation (cf. Arzeno v Mack, 39 AD3d 341, 342).

Wilson v. Ridgway Area School District

141 Pa. Commw. 607 · Commonwealth Court of Pennsylvania · Aug 8, 1991

In this motion, District also asserted that it was immune based on Crowell v. … Summary judgment is only appropriate when, after examining the record in favor of the nonmoving party, there is no genuine issue of material fact and the movant clearly establishes its entitlement to judgment as a matter

Childs v. Allen

105 P.3d 411 · Court of Appeals of Washington · Jan 11, 2005

Thus, the qualified immunity afforded to DSHS caseworkers does not affect the nature of the immunity granted to a substance abuse evaluator such as Allen. Allen relies on Gustafson v. … Here, there was no reasonable possibility of reversal because Allen was clearly entitled to absolute witness immunity and was not the proximate cause of Childs injuries.

Franco v. Miami-Dade County

947 So. 2d 512 · District Court of Appeal of Florida · Dec 20, 2006

Zapata, 601 So.2d 239, 243-44 (Fla. 3d DCA 1992) (finding that county lifeguard training video served as evidence relevant to the standard of care but did not itself establish a legal duty). … Clearly, the Fire Rescue creates a "zone of risk" accompanied by a corresponding duty, when it diagnoses, treats, and transports patients in an emergency situation.

Monroe v. Troy Strawberry Festival, Inc.

210 N.E.3d 9 · Ohio Court of Appeals · Mar 3, 2023

Id. at ¶ 9. {¶ 10} The parties and the trial court acknowledge that Troy is immune from liability unless the Monroes can establish an exception to Troy’s statutory immunity. … The function of maintaining or repairing a sidewalk or street is clearly defined by statute as a governmental function. R.C. 2744.01(C)(2)(e).

Maciorowski v. Schwarzenbach

2010 Mass. App. Div. 257 · Massachusetts District Court, Appellate Division · Dec 3, 2010

Once the moving party establishes the absence of a triable issue, the party opposing the motion must respond with evidence establishing the existence of a genuine issue of material fact. Pederson v. … The individual public employee is immune from personal liability.

Hawkins v. El Paso First Health Plans, Inc.

214 S.W.3d 709 · Texas Court of Appeals, 3rd District (Austin) · Jan 11, 2007

Rather, it is qualified by the requirement that a state opting to participate in Medicaid must fully comply with the federal statutes and regulations governing the program. See Schweiker v. … To qualify for federal assistance, a state must submit and have approved a "plan for medical assistance,” which must establish a scheme for reimbursing health care providers for medical services provided to Medicaid recipients

Timothy Hays v. Chief Campos

Texas Court of Appeals, 13th District · Aug 31, 2015

that he was entitled to absolute immunity or sovereign immunity; (3) Campos and Garcia did not establish that they were entitled to qualified immunity; and (4) appellant’s suit was timely and not barred by the statute … CLAIMS AGAINST GARCIA AND CAMPOS By his third issue, appellant asserts that Garcia and Campos did not establish that the trial court lacked jurisdiction because they were not entitled to qualified immunity.

Campbell v. City of Youngstown, 06 Ma 184 (12-31-2007)

2007 Ohio 7219 · Ohio Court of Appeals · Dec 31, 2007

This type of evidence is insufficient to establish a genuine issue of material fact for the purposes of summary judgment. Accordingly, the trial court's decision is affirmed. … Campbell then contrasts these facts with those in this case by pointing out that her claim about lack of proper notice was raised in her initial complaint. {¶ 18} Campbell clearly shows that this case and Bram are not identical

Kirschbaum v. Village of Homer Glen

365 Ill. App. 3d 486 · Appellate Court of Illinois · May 11, 2006

The reviewing court must determine whether the allegations of plaintiffs complaint, when construed in the light most favorable to plaintiff, are sufficient to establish a cause of action upon which relief may be granted. … CONCLUSION Because we find that section 3 — 102 of the Tort Immunity Act does not create a duty for defendants to clear brush from an intersection where there are clearly visible traffic control devices at each corner and

Berger v. City of Berkley

87 Mich. App. 361 · Michigan Court of Appeals · Dec 5, 1978

, 79 Mich App 239, 246 ; 261 NW2d 273 (1977), an opinion released subsequent to oral argument in the instant case: " * * * [W]e would have little hesitation in finding that the training of police officers, including the establishment … However, the statute clearly required *371 that the injury result from the operation of the vehicle. In the instant case the injury resulted from the discharge of a firearm.

Dekalb County School District v. Elaine Gold

Court of Appeals of Georgia · Nov 20, 2012

superintendent9 enjoy sovereign immunity.10 Indeed, it is well established that the sovereign can not 6 Bonner v. … Employees’ Retirement System of Georgia44 that the Employees’ Retirement System was estopped from denying benefits as they were established prior to Judge Quillian’s retirement.45 The result in Quillian is qualified as

State v. Curlee-Jones

2013 Ohio 1175 · Ohio Court of Appeals · Mar 28, 2013

immunity was not upheld. … In other words, the case went beyond the qualified immunity stage.”

Grant v. Board of Trustees of Valley View School District No. 365-U

286 Ill. App. 3d 642 · Appellate Court of Illinois · Feb 14, 1997

Therefore, the defendants are not immunized from liability by the provisions of the Tort Immunity Act. … All of these allegations clearly related to the official conduct of the school program. Accordingly, O’Brien is inapposite and the trial court properly dismissed count II of Maria’s complaint.