Case law

Kaufman County v. Combs

393 S.W.3d 336 · Court of Appeals of Texas · Jul 31, 2012

Governmental immunity from suit deprives the trial court of subject matter jurisdiction over claims against governmental entities unless the party suing the governmental entity establishes the State’s consent to the suit. … Although there may be rare situations involving “extraordinary factual circumstances” where courts might recognize a waiver of immunity by conduct, such waiver by conduct is clearly the exception to the general rule, has

Autry Ex Rel. Hood v. Hooker

304 S.W.3d 356 · Court of Appeals of Tennessee · May 15, 2009

Because these torts are conspicuously absent from the intentional tort exception rendering governmental entities immune from liability for injuries, we hold that the clearly negligent defendant is not immune … Therefore, even if it were established that Hooker’s actions against Autry were foreseeable, immunity against these Defendants is not removed under the statute.

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 .

Jeannette Emmert v. State of Texas

Texas Court of Appeals, 7th District (Amarillo) · Jan 28, 2003

We conclude this identification is sufficient to establish appellant's identity. … Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals' summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures

Roby v. City of Mount Clemens

274 Mich. App. 26 · Michigan Court of Appeals · Apr 24, 2007

over a highway to “ ‘maintain the highway in reasonable repair so that it is reasonably safe and convenient for public travel.’ ” 11 The highway exception is narrowly construed, and an action under this exception must be “clearly … The evidence presented established that the area in question was not intended for pedestrian travel and, therefore, was not a sidewalk for purposes of the highway exception.

WBD Oil & Gas Co. v. Railroad Commission of Texas

35 S.W.3d 34 · Texas Court of Appeals, 3rd District (Austin) · Jan 19, 2001

Again, the Panhandle Field rules clearly look to the future. … Many of the same reasons why the Panhandle Field rules qualify as “rules” are the same reasons why the proceeding does not qualify as a “contested case.”

Lewis v. Modular Quarters

508 So. 2d 975 · Louisiana Court of Appeal · Jun 8, 1987

That evidence also establishes that Unifab was engaged in the work of sandblasting and painting at the time of plaintiff's accident and injury. … In such a case, Unifab clearly is not immune from a suit in tort by plaintiff under the provisions of the LHWCA.

Warren v. Pennsylvania Department of Corrections

151 Pa. Commw. 46 · Commonwealth Court of Pennsylvania · Oct 7, 1992

remedies and to allege facts showing conditions of imprisonment rising to the level of cruel and unusual punishment. 3 Preliminary objections may be sustained where, as a matter of law, the petition for review does not establish … Consequently, to be amenable to suit under section 1983, the Department and Frackville must qualify as persons within the intendment of section 1983. In Will v.

Jacques v. Sharp

83 Wash. App. 532 · Court of Appeals of Washington · Sep 9, 1996

State, a recent Supreme Court case that has an important bearing on the question of the qualified immunity of a police officer’s employer. 31 The parties will have the opportunity to address that case and other pertinent … Second, the DVPA provision on qualified immunity is based on RCW 26.50.110(2), which mandates warrantless arrests where the officer has probable cause to believe a criminal violation of an order for protection has occurred

Zeigler v. Housing Authority of New Orleans

2012 La.App. 4 Cir. 1168 · Louisiana Court of Appeal · Apr 24, 2013

MFR’s Federal Official Immunity Claim Next, we will address MFR’s claim of federal official immunity. … It acknowledged that the [federal immunity argument] was “too attenuated to establish federal jurisdiction.”

Clemmons v. State

141 So. 2d 749 · District Court of Appeal of Florida · Apr 26, 1962

Clearly, the Coons case establishes no precedent as to the exercising of the power of contempt in a jurisdiction, such as ours, that has long recognized the independence of a grand jury by constitutional provisions and by … I therefore interpret the Brautigam decision as establishing the rule of law in Florida that a grand jury is not immune from punishment by contempt proceedings if it files a report containing scurrilous or defamatory statements

Champagne-Webber, Inc. v. City of Ft. Lauderdale

519 So. 2d 696 · District Court of Appeal of Florida · Feb 3, 1988

that limiting language than was intended by the Supreme Court. [1] The reasoning expressed by the Supreme Court in the Pan-Am Tobacco case was that the legislature, in authorizing a state agency to enter into a contract, clearly … emphasized that its holding was restricted to suits on express written contracts into which the state agency had statutory authority to enter, there is no indication that the Court intended by its decision to otherwise change established

Casterson v. Superior Court

123 Cal. Rptr. 2d 637 · California Court of Appeal · Aug 13, 2002

A general demurrer will lie where the complaint “has included allegations that clearly disclose some defense or bar to recovery.” (Weil & Brown, Cal. … In particular, the interaction of the absolute field trip immunity of section 35330 and the qualified immunity for off-premises school activities of section 44808 has been the subject of discussion in several appellate decisions

Texas Municipal League Intergovernmental Risk Pool v. City of Hidalgo

Texas Court of Appeals, 13th District · Jan 9, 2020

Only the sovereign’s own consent could qualify the absolute character of that immunity.”). … The intent of the legislature “must be expressed clearly, either explicitly or by necessary implication.” Id.

Mary Lee Hudspeth Gunnels v. City of Brownfield, Texas, Earl Elrod, Individually & in His Capacity as City Inspector, R. C. Fletcher, Individually and His Capacity as City Manager

Texas Court of Appeals, 7th District (Amarillo) · Nov 24, 2003

In an amended answer filed October 26, 2000, Elrod and Fletcher raised the affirmative defenses of official immunity, qualified immunity, sovereign immunity, “absolute immunity,” and prosecutorial immunity. … They also argue the judgment is supportable on the basis of official immunity and qualified immunity.

Mary Lee Hudspeth Gunnels v. City of Brownfield, Texas, Earl Elrod, Individually & in His Capacity as City Inspector, R. C. Fletcher, Individually and His Capacity as City Manager

Texas Court of Appeals, 7th District (Amarillo) · Nov 24, 2003

In an amended answer filed October 26, 2000, Elrod and Fletcher raised the affirmative defenses of official immunity, qualified immunity, sovereign immunity, “absolute immunity,” and prosecutorial immunity. … They also argue the judgment is supportable on the basis of official immunity and qualified immunity. 4  STANDARD OF REVIEW The

Mary Lee Hudspeth Gunnels v. City of Brownfield, Texas, Earl Elrod, Individually & in His Capacity as City Inspector, R. C. Fletcher, Individually and His Capacity as City Manager

Texas Court of Appeals, 7th District (Amarillo) · Nov 24, 2003

In an amended answer filed October 26, 2000, Elrod and Fletcher raised the affirmative defenses of official immunity, qualified immunity, sovereign immunity, "absolute immunity," and prosecutorial immunity. … They also argue the judgment is supportable on the basis of official immunity and qualified immunity.

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

Fogel, Ltd. v. Shoemake

795 S.W.2d 903 · Court of Appeals of Texas · Sep 4, 1990

We find this claim clearly lacking in merit. Shoemake argues that sanctions are appropriate because appellants’ point of error is contrary to well-established principles of law. … specific facts before us is clearly not well established.

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.”