Case law

Frazier v. Clinton Cty. Sheriff's Office, Ca2008-04-015 (11-24-2008)

2008 Ohio 6064 · Ohio Court of Appeals · Nov 24, 2008

Political Subdivision Immunity: Clinton County Sheriff's Office {¶ 28} The Ohio Revised Code establishes a three-tier analysis for determining whether a political subdivision is immune from liability. Carter v. … Political Subdivision Employee Immunity: Sergeant Stanfill and Deputy Bailey {¶ 34} R.C. 2744.03 (A)(6) provides qualified immunity to employees of political subdivisions unless one of the following applies: "(a) The employee's

U.S. Bank v. Lindsey

Appellate Court of Illinois · Dec 7, 2009

Atkinson testified that the Carmichael truck was subject to federal regulations that required Lindsey to be qualified and trained to possess a commercial driver’s license (CDL). … Next of Kin and Establishment of Parentage Carmichael contends that plaintiff failed as a matter of law to establish that decedent was the biological father of the children who claimed to be beneficiaries of the

City of Houston v. Lucy Caro

Texas Court of Appeals, 14th District (Houston) · Apr 23, 2024

A plaintiff bears the burden of establishing a waiver of immunity under the TTCA. Dallas Area Rapid Transit v. Whitley, 104 S.W.3d 540, 542 (Tex. 2003). … Here, Caro does not dispute that she must establish waiver as a licensee.1 To establish waiver under the TTCA, Caro, as a licensee, must prove the following five elements: (1) a condition of the premises created an

Richter v. Oakland Bd. of Educ.

459 N.J. Super. 400 · New Jersey Superior Court Appellate Division · Jun 11, 2019

Citing Victor , the Court ruled: To establish a failure-to-accommodate claim under the LAD, a plaintiff must demonstrate that he or she (1) "qualifies as an individual with a disability, or [ ] is perceived as having a disability … Clearly, actions that affect wages, benefits, or result in direct economic harm qualify.

Gordon v. Posner

142 Md. App. 399 · Court of Special Appeals of Maryland · Jan 31, 2002

The *430 Court then proceeded to consider whether, as a matter of law, Eagan’s conduct barred his immunity defense. … It explained that Eagan’s guilty plea could not be used to establish the intentional killing required to abrogate parent-child immunity in the wrongful death case, because Eagan had disputed the nature of the killing in his

Gustafson, M. v. Springfield 282 A.3d 739

282 A.3d 739 · Superior Court of Pennsylvania · Aug 12, 2022

of a qualified product . . . for damages . . . or other relief, resulting from the criminal or unlawful misuse of a qualified product by the person or a third party”. 15 U.S.C. § 7903(5)(A). … - 16 - J-E02008-21 discussion clearly establishes that, although the plaintiffs in Ileto argued that PLCAA violated the substantive due process and equal protection principles

Group Health Plan, Inc. v. State Board of Registration for Healing Arts

787 S.W.2d 745 · Missouri Court of Appeals · Jan 2, 1990

P.), a corporation and a federally qualified health maintenance organization, with its principal offices in St. … Regarding the individual members of a state agency, absolute immunity is accorded to government officials whose special functions require complete protection from suit, and this immunity defeats a suit at the outset.

City of Dallas v. Arredondo

415 S.W.3d 327 · Court of Appeals of Texas · Aug 13, 2013

They alleged that the City breached the Ordinance by failing to “maintain the established percentage pay differentials between the grades” in all future salary adjustments. … When construed together, we conclude that they established the “compensation” or “price to be paid.”

Hobbs v. Municipal Court

233 Cal. App. 3d 670 · California Court of Appeal · Aug 22, 1991

The statute thus recognized a qualified work product privilege or immunity from discovery as well as a blanket immunity from discovery for work product. … Subdivision (b) of the statute encompasses the qualified work product privilege or immunity from discovery, while subdivision (c) encompasses the blanket or absolute immunity. 23 However, in a criminal case where there is

Andrews v. Florida Parole Com'n

768 So. 2d 1257 · District Court of Appeal of Florida · Oct 18, 2000

Florida's highest court has clearly established that the doctrine of judicial immunity exists in Florida apart from the concept of sovereign immunity; that this type of immunity embraces persons who exercise a judicial or … In our view, the Commission was clearly acting in a quasi-judicial capacity in establishing the terms and length of Andrews' conditional release, and in the issuance of the warrants for his arrest and re-commitment to the

Champion Builders v. City of Terrell Hills

70 S.W.3d 221 · Texas Court of Appeals, 4th District (San Antonio) · Feb 6, 2002

In their second amended answer, the Board members asserted the affirmative defenses of official immunity, sovereign immunity, and governmental immunity. … At the federal level, qualified immunity protects "all but the plainly incompetent or those who knowingly violate the law.” See Swint v. City of Wadley, 51 F.3d 988, 995 (11th Cir.1995).

Cornell v. City and County of San Francisco

California Court of Appeal · Nov 21, 2017

By then, appellants contend, the jury’s findings establish without doubt that Cornell was in full flight, clearly indicating consciousness of guilt. … (b), the federal standard for qualified immunity that has evolved in the last three decades, which is based on an objective appraisal of whether an officer facing civil suit violated “clearly established” law, and is not

Long Branch Division of United Civic & Taxpayers Organization v. Cowan

119 N.J. Super. 306 · New Jersey Superior Court Appellate Division · May 30, 1972

Involved in this declaratory judgment action is the right of the State of New Jersey, through the State *308 Department of Health, Division of Narcotic and Drug Abuse Control (Department), to establish a residential narcotic … Although the complaint does not specifically charge that the Department acted unreasonably or arbitrarily, the above-quoted language clearly implies such conduct and sets forth a colorable claim thereof.

FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES v. REBECCA ALEXANDRE, etc.

District Court of Appeal of Florida · May 17, 2023

of the state to enter into contract or to undertake those activities 5  which, as a matter of practicality, require entering into contract, the legislature has clearly … Id. at 6; see also Verdini, 339 So. 3d at 418 (“It is firmly established that a sovereign may be sued in contract only where there is an express, written contract.”); County of Brevard v.

Seymour National Bank v. State

384 N.E.2d 1177 · Indiana Court of Appeals · Jan 31, 1979

Thus, if the plaintiff could establish that the officer was engaged in a ministerial function, the plaintiff would be entitled to recover on the basis of respondeat superior since the officer was not protected by immunity … The amendments, supra note 7, clearly disclose that the legislature was concerned with the end result of enforcement upon the object thereof. 12 .

Richland County v. Carolina Chloride, Inc.

382 S.C. 634 · Court of Appeals of South Carolina · May 28, 2009

Carolina Chloride argues Brown qualified as an officer, director, or managing agent under Rule 32(a)(2), SCRCP. … Carolina Chloride did not lay any foundation as to why Brown’s role on the Board qualifies under Rule 32(a)(2).

Hill v. State

53 Kan. App. 2d 155 · Court of Appeals of Kansas · Dec 9, 2016

K.S.A. 2015 Supp. 75-6103(a) The State's first argument regarding sovereign immunity is that the plain language of K.S.A. 2015 Supp. 75-6103(a) establishes it has not waived sovereign immunity. … This clearly contravenes Kansas' rule that plaintiff suing for the common-law tort of retaliation must establish that the employer took some negative action because the plaintiff invoked a protected right.

Vernon v. Aacres Allvest, LLC

183 Wash. App. 422 · Court of Appeals of Washington · Sep 3, 2014

A child would frequently be able to establish dependence on a parent, but the inverse is likely rare. The same can be said in comparing spouses with siblings. … The Philippides court rejected a similar argument based on the privileges and immunities clause. 151 Wn.2d at 392-93.

Smejkal v. STATE EX REL. DAS.

239 Or. App. 553 · Court of Appeals of Oregon · Dec 15, 2010

Statutory obligations of governments can become contractual in nature when the statute clearly announces *560 that the obligation is immune from statutory change. The court observed in Campbell et al. v. … It is also equally well established that the intention of the legislature thus to create contractual obligations, resulting in extinguishment to a certain extent of governmental powers, must clearly and unmistakably appear

Ohdan v. City of New York

268 A.D.2d 86 · Appellate Division of the Supreme Court of the State of New York · Apr 27, 2000

Such unprofessional behavior clearly does not fall within the range of discretionary decisions immunized by public policy. … Immunity will not cloak the actions of an officer who “affirmatively intervened in a dangerous situation and negligently caused injury to a bystander, by acts which deviated from clearly accepted and established protocols