Case law

Diana Crouch v. City of Kansas City, Missouri

444 S.W.3d 517 · Missouri Court of Appeals · Aug 5, 2014

The mere absence of an emergency does not establish that a function performed by a municipal entity is proprietary. … The charter‟s language in § 408 does not clearly reject or limit the City‟s authority to perform functions such as non-emergency lift assists.

City of Dallas v. Brian Loncar, Sue Loncar

Texas Court of Appeals, 5th District (Dallas) · Jan 16, 2014

Specifically, the City argues it is immune from suit as a result of Ferguson’s official immunity. … Ferguson assessed the need to get to the potential fire quickly against the risk of accident by entering the intersection and in good faith determined that his emergency lights were clearly visible, his siren was clearly

Slade v. Texas Southern University Board of Regents

232 S.W.3d 395 · Texas Court of Appeals, 1st District (Houston) · Aug 30, 2007

County of El Paso, to support her proposition that Federal Sign established a waiver-by-conduct exception to sovereign immunity. 121 S.W.3d 704 (Tex.2003). … This action would clearly be declaratory relief to enforce performance under a contract with the State. See IT-Davy, 74 S.W.3d at 855-56 .

Brown v. Christianson

2019 Ohio 2937 · Ohio Court of Appeals · Jul 19, 2019

In Turner, the Ohio Supreme Court clearly indicated that the defendant—the Central Local School District—could have raised the defense of political subdivision immunity by seeking “leave to amend its answer to include the … because Brown could prove no set of facts establishing that Christianson was divested of immunity pursuant to the provisions of R.C. 2744.03(A)(6)(b). 3 See Dismissal Entry 8-10.

Charles G. Rawls v. Woodville ISD, Lisa Meysembourg, and Donece Gregory

Texas Court of Appeals, 9th District (Beaumont) · Aug 31, 2022

According to WISD and Meysembourg, they should be dismissed from Rawls’s suit because they are entitled to governmental and qualified immunity, respectively. See Bielamowicz v. Cedar Hill Indep. Sch. … According to Rawls, the evidence was sufficient to establish that they were proper parties to sue in this election contest and not protected by sovereign immunity.

State v. Libecki

347 Wis. 2d 511 · Court of Appeals of Wisconsin · Mar 27, 2013

The investigation also established that bloody boot prints at the scene were from "Texas Steer" brand boots and that Libecki had bought that brand of boots to wear to work in 1999. ¶ 9. … We must uphold a circuit court's determinations of historical fact — e.g., the credibility of trial counsel's testimony about strategy decisions — unless they are clearly erroneous. See State v.

Hershey Foods Corp. v. General Electric Service Co.

422 Pa. Super. 143 · Superior Court of Pennsylvania · Nov 19, 1992

We find that GESCO did unambiguously contract to indemnify Hershey even where Hershey was partly negligent, and that GESCO did clearly waive its immunity to suit by an employee under the Workmen’s Compensation Act. … The contract’s indemnification clause clearly constitutes a waiver of the statutory immunity otherwise provided by Section 303(b), and therefore, Hershey would be entitled to indemnification by GESCO if all other conditions

McNEELY v. STATE

2018 OK CR 18 · Court of Criminal Appeals of Oklahoma · May 24, 2018

Petitioner may be able to establish a factual basis for a Stand Your Ground defense; but she cannot establish a clear legal right to the relief of Stand Your Ground immunity from prosecution. Id . … established law."

Buckley v. 112 Central Park South, Inc.

285 A.D. 331 · Appellate Division of the Supreme Court of the State of New York · Dec 31, 1954

The court then proceeded to discuss other legal points on the assumption that a valid contract had been established. … We said that “ in converting corporate property to his own use, the officer clearly is not acting as such for the corporation but in his own interest against the corporation. ’ ’ ( 271 App. Div. 62 , 64.)

Waslow v. Pennsylvania Department of Education

984 A.2d 575 · Commonwealth Court of Pennsylvania · Oct 23, 2009

Einstein alleged that, as a result, it was unable to timely provide the IEPs required by law for Einstein’s qualifying special education students. (Petition, ¶¶ 6, 20-21.) … , immunities, duties, liabilities, or obligations.

People of Michigan v. Jeffrey Gene Miller

Michigan Court of Appeals · Oct 29, 2015

Thus, § 4 immunity is not extended to “a registered qualifying patient who transfers marijuana to another registered qualifying patient for the transferee’s use . . . .” Id. … Additionally, a primary caregiver asserting § 4 immunity must be “connected” to his or her patients through the state’s registration process in order to qualify for § 4 immunity. Id.

Gilmore v. Concerned Parents of Pueblo

2000 Colo. J. C.A.R. 5914 · Colorado Court of Appeals · Oct 26, 2000

The moving party has the burden of establishing the nonexistence of a genuine issue of material fact. … Defendant points to certain organizations that it believes were clearly intended to receive immunity under § 18-21-116(2.5) such as scouting organizations and youth sports groups.

Mashni v. Foster

234 Ariz. 522 · Court of Appeals of Arizona · Apr 29, 2014

Sunnyslope intended to operate the apartment complex as a low-income-housing project to qualify for the Low Income Housing Tax Credit (“LIHTC”) program. See I.R.C. § 42. … Nothing in this decision should be taken, however, to establish as a matter of law a breach of fiduciary duty.

Bruce v. Village of Ontario, Unpublished Decision (11-24-1998)

Ohio Court of Appeals · Nov 24, 1998

Governmental officials performing discretionary acts are entitled to qualified immunity from suit unless their conduct is objectively unreasonable as measured by reference to clearly established law, Davis v. … Once a defendant raises the issue of qualified immunity, the plaintiff has the burden of showing the defendant violated clearly established law, Ohio Civil Service Employees Association v.

Lakeisha Mills, Felicity Mitchell, Roberta Ross, Natasha Graves, Ashley Suez, Kaleen Moses, Kathy Barbay, Jennifer Gaffney, And Adlai Mack Stevenson II v. Dr. Leon R. Tarver II, in his individual and official capacity as Chairman of The Board of Supervisors of Southern University and Agricultural and Mechanical College, The Board of Supervisors of Southern University and Agricultural and Mechanical College

Louisiana Court of Appeal · Dec 30, 2021

The doctrine of qualified immunity generally shields government officials performing discretionary functions from liability for civil damages if their conduct does not violate clearly established statutory or constitutional … Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official' s allegedly wrongful conduct violated clearly established law. Collins v.

Schonfeld v. City of Vallejo

50 Cal. App. 3d 401 · California Court of Appeal · Aug 4, 1975

Such an interpretation would render the entire statute meaningless and the legislative purpose would clearly be defeated. *410 Accordingly, we hold that the immunity afforded by Government Code section 822.2 applies unless … [is not] clearly manifested by the contracting parties’ ” (Western Airlines, supra, 204 Cal.App.2d 105, at pp. 120-121 ).

Devin Woods v. Carl Ware

471 S.W.3d 385 · Missouri Court of Appeals · Sep 29, 2015

The record established that Woods was a former student at Grandview Middle School and a former member of the Grandview Middle School wrestling team. … "[A] 'departmentally-mandated duty' may clearly arise from sources other than statutes or regulations.

Gipson v. Ohio Adult Parole Auth.

2024 Ohio 227 · Ohio Court of Appeals · Jan 23, 2024

As explained below, we disagree. 1 Chapter 5149 establishes the OAPA and grants its authority to administer R.C. … The record clearly shows the motion to dismiss filed by OAPA was made pursuant to Civ.R. 12(B)(6) (failure to state a claim upon which relief may be granted), and the record is equally clear the proper standard was applied

McLaughlin v. Tilendis

115 Ill. App. 2d 148 · Appellate Court of Illinois · Sep 24, 1969

Molitor abolished the doctrine of governmental immunity from tort liability as applied to school districts. … Neither will we erode the defense of absolute privilege as it has heretofore been established in Illinois by finding that it does not have application to the factual situation before the court.

Lewis v. Linn

209 Cal. App. 2d 394 · California Court of Appeal · Nov 9, 1962

It is the long established rule, not limited to actions for defamation, that a judge is not to be held answerable in damages for acts performed in his judicial capacity (Oppenheimer v. … that he proposed to file ‘ ‘ a more complete affidavit. ’ ’ Plaintiff contends, however, that the portion of the proceeding dealing with the question of which defendants joined in the affidavit and motion to disqualify was clearly