Case law

Save Our School: Elmhurst High School v. Fort Wayne Community Schools

951 N.E.2d 244 · Indiana Court of Appeals · Jun 23, 2011

As our supreme court observed many years ago, the General Assembly and others in State government essentially are entrusted with establishing broad guidelines for the establishment of a tuition-free, “general and uniform” … This provision clearly does not by itself give rise to a cause of action of any kind against a school corporation or its governing body.

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.

Canario's, Inc. v. City of Austin

Texas Court of Appeals, 3rd District (Austin) · Aug 28, 2015

101 “not later than six months after the day that the incident giving rise to the claim occurred”). 3 The standards applied when reviewing a trial court’s decision on a plea to the jurisdiction are well established … It also argues that any function performed by its Planning and Development Review Department “qualified as a ‘planning’ function, protected by immunity.”5 We disagree.

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.

Jessica Flamont v. Department of Corrections

Michigan Court of Appeals · Oct 4, 2024

Whether governmental immunity applies is reviewed de novo as a question of law. Ray, 501 Mich at 61. … Our Supreme Court has stated the test in Michigan for resolving the question of a judicial decision’s retroactivity as follows: [T]here is a “threshold question whether the decision clearly establishe[s] a new

Marotto v. Ohio State Univ. Med. Ctr.

2014 Ohio 4549 · Ohio Court of Appeals · Oct 14, 2014

Bell's immunity." Id. at ¶ 19. The Court of Claims held the required hearing on July 25, 2013. {¶ 7} On January 9, 2014, the magistrate issued a decision finding that Dr. Bell was not entitled to immunity. … Canady when he supervised residents pursuant to "the policies, procedures, goals and objectives for the residency program" established by the university, as the "program's actual implementation required Dr.

Van Blaricom v. Kronenberg

112 Wash. App. 501 · Court of Appeals of Washington · Jul 15, 2002

The court below had decided that even if Wyatt and his attorney acted under color of law, they were entitled to qualified immunity from suit because they relied on the statute prior to its invalidation. … The Supreme Court reversed and held that private parties who invoke state replevin, garnishment or attachment statutes that are later declared unconstitutional are not entitled to either immunity or qualified immunity from

Kusy v. Norwich

192 Conn. App. 171 · Connecticut Appellate Court · Aug 27, 2019

[Section] 52-557n abandons the common-law prin- ciple of municipal sovereign immunity and establishes the circumstances in which a municipality may be liable for damages. . . . … ‘‘[T]he question of whether a particular plaintiff comes within a cognizable class of foreseeable victims for purposes of this excep- tion to qualified immunity is ultimately a question of policy for the courts, in that it

Cameron County v. Tompkins

422 S.W.3d 789 · Court of Appeals of Texas · Oct 24, 2013

Establishment of Andy Bowie Park Frank A. Tompkins and Carolyn Tompkins Young are John L. Tompkins’ alleged heirs. On July 11, 1952, John L. … following relief by their declaratory-judgment action: a judgment declaring that: (1) the County was granted an easement, not a fee simple interest, in the land in question; (2) leasing the land to resort hotels does not qualify

Peter J. Paske, Jr. v. Joel Fitzgerald, Individually and in His Official Capacity as Chief of Police of City of Missouri City, and the City of Missouri City, Texas

499 S.W.3d 465 · Court of Appeals of Texas · Jun 23, 2016

However, governmental immunity will bar an otherwise proper declaratory- judgment claim that will have the ultimate effect of establishing a right to relief against a governmental entity for which the Legislature has not … waived immunity.

Wattley v. Rinaldi

2025 Ohio 5538 · Ohio Court of Appeals · Dec 11, 2025

.” {¶40} R.C. 2744.01(A) establishes governmental immunity for political subdivisions and their employees. … Once immunity is established under R.C. 2744.02(A)(1), the second tier involves determining whether there exists any exception to immunity pursuant to R.C. 2744.02(B). Id. at 557.

Florida Department of Health, Office of Medical Marijuana Use, Courtney Coppola, in her official capacity as Director of the Office of Medical Marijuana Use v. Florigrown, LLC, a Florida limited liability company and Voice of Freedom, Inc., d/b/a Florigrown

District Court of Appeal of Florida · Aug 27, 2019

Redner) with immunity from criminal or civil liability under Florida law for the “medical use of marijuana” that is “in compliance” with the amendment (emphasis added). … Does not immunize violations of federal law or any non- medical use, possession or production of marijuana. Id. at 476.

Tanner v. Roseburg Forest Products South, Ltd. Partnership

185 So. 3d 1062 · Court of Appeals of Mississippi · Jan 19, 2016

The contract between Roseburg and Howard clearly stated that Howard is an independent contractor. Moreover, the contract established that Howard’s employees were not Roseburg’s employees. ¶9. … It is true that our courts have found that evidence of company policy or routine practice is relevant when establishing the standard of care or a basis for liability. See Crane Co. v.

University of Texas at El Paso v. Moreno

172 S.W.3d 281 · Texas Court of Appeals, 8th District (El Paso) · Aug 25, 2005

Despite his statements that the goal post was defective, his deposition testimony and pleadings establish that his only complaint regarding the goal posts is that they were torn down by the unruly crowd. … Appellee is clearly complaining of injuries that occurred as a result of the deliberate destructive behavior of the crowd which, we note, included Appellee as a participant.

Lewis v. County of Sacramento

113 Cal. Rptr. 2d 90 · California Court of Appeal · Oct 25, 2001

refute an affirmative defense established by the defendant. … County of Sacramento (1978) 21 Cal.3d 880, 883-885 [ 148 Cal.Rptr. 361 , 582 P.2d 952 , 4 A.L.R.4th 858 ] [derivative immunity established by Gov. Code, § 815.2, subd.

Mueller v. McMillian Warner Insurance

287 Wis. 2d 154 · Court of Appeals of Wisconsin · Aug 2, 2005

. § 125.035(4)(b), which establishes an exception to immunity from liability for those *159 who furnish alcohol to underage drinkers. [1] Mueller also argues the court erred when it determined that what the Switlicks did … Laws, ch. 164, § 3, establishing a general Good Samaritan Law. [15] The 1977 statute does retain a distinction between ordinary individuals and trained professionals: [t]his immunity does not extend when employees trained

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.”

Texas State Technical College v. John Clark Owen

Texas Court of Appeals, 13th District · Apr 22, 2021

The TCHRA waives a governmental unit’s immunity from suit, but only if the plaintiff: (1) alleges facts that would establish a violation of the TCHRA; and (2) if 4 challenged … In an age-discrimination case, the plaintiff establishes a prima facie case with evidence that he: (1) was a member of the protected class (i.e., forty years of age or older); (2) was qualified for the position at issue

Snead v. John Carlo, Inc.

294 Mich. App. 343 · Michigan Court of Appeals · Oct 18, 2011

MDOT maintained that the construction activities clearly and undeniably entailed the exercise and discharge of a governmental function; therefore, it was immune from tort liability under the governmental tort liability act … “[T]ort actions against governmental agencies generally raise two separate issues: 1) whether the plaintiff has pleaded a cause of action in avoidance of governmental immunity, and 2) whether the plaintiff can establish the

Levin v. Devoe

221 N.J. Super. 61 · New Jersey Superior Court Appellate Division · Oct 30, 1987

immunities. … Super. 393, 400 (App.Div. 1987), that Stewart establishes an absolute municipal immunity for deteriorated sidewalks.