Case law

Stan H. Looper and Cynthia M. Scott v. Houston Community College System, Bruce Leslie, Diana Castillo, and Reynaldo Garay

Texas Court of Appeals, 14th District (Houston) · Nov 29, 2007

Appellants also argue that appellees did not conclusively prove they are entitled to qualified immunity against these claims. A. … Viewing the record in the light most favorable to Scott, we find that Garay established official immunity from Scott = s tort claims.

City of Tarpon Springs v. Garrigan

12 Fla. L. Weekly 2017 · District Court of Appeal of Florida · Aug 12, 1987

The trial court found that appellant's sovereign immunity had been waived by the enactment of section 768.28, Florida Statutes (1983). … Nothing prevented appellees from looking to the federal agencies who were directly responsible for establishing the information appellees sought from appellant. Trianon Park Condominium Association, Inc. v.

Kearns v. State

14 Okla. Crim. 142 · Court of Criminal Appeals of Oklahoma · Nov 9, 1917

The proof clearly establishes the fact to our mind that the deceased was struck over the head with a slung-shot and rendered insensible, but not killed outright; that immediately thereafter he was struck upon the head with … The statement made to Ex-Governor Ferguson was not made, however, under *147 the promise of immunity, leniency, or any other inducement whatever.

People v. Clendenin

232 P.3d 210 · Colorado Court of Appeals · Oct 29, 2009

A law is void for vagueness where its prohibitions are not clearly defined and it is reasonably susceptible of more than one interpretation by a person of common intelligence. Id. at 643 . … and, indeed, appears to be exactly what the voters intended in passing the amendment, it poses a bizarre practical anomaly—in order to effectuate the purpose of the amendment, namely, to provide an affirmative defense or immunity

People v. Duran

California Court of Appeal · Oct 27, 2022

Because, as discussed below, a person convicted as a direct aider and abettor is not qualified to be resentenced under section 1172.6, defendant’s declaration necessarily constituted a sworn statement that he was not a direct … Simmons held that a defendant’s testimony to establish standing to challenge a search at a suppression hearing could not be used at the subsequent criminal trial; if denied use immunity for any testimony offered at the

Fair v. City of Chicago

45 Ill. App. 3d 240 · Appellate Court of Illinois · Jan 3, 1977

Pellum (1975), 62 Ill. 2d 86, 89 , 338 N.E.2d 876,877 , “is not whether the General Assembly has waived immunity, but whether it has statutorily granted such immunity.” … Stat. 1975, ch. 40, par. 21.1), are clearly inapplicable. The Juvenile Court Act applies only to legal fees for representing a minor in connection with hearings under that Act.

Gontmakher v. City of Bellevue

120 Wash. App. 365 · Court of Appeals of Washington · Mar 1, 2004

Because the communication was made to a private newspaper, RCW 4.24.510 clearly did not apply. … Additionally, because RCW 4.24.510 clearly did not apply because the communication was not to a governmental agency, analyzing whether the statute excludes immunity for governmental entities was not central to the court’s

Ramsey v. Prince George's County

18 Md. App. 385 · Court of Special Appeals of Maryland · Jul 11, 1973

Mayor and City Council of Baltimore, 151 Md. 11 , 133 A. 888 (1926), and that when they are within the scope of their law enforcement function they are clearly acting in a discretionary capacity.” … Application of established principles of statutory construction force the conclusion that the new charter was not intended to become legally operative prior to the date it was to take effect and thus requires our rejection

Affleck v. Buckley

276 A.D.2d 507 · Appellate Division of the Supreme Court of the State of New York · Oct 10, 2000

The County failed to sustain its burden of establishing its entitlement to judgment as a matter of law based on qualified *511 immunity, as there are issues of fact regarding whether its decision not to install a traffic … Accordingly, the instant action does not present a “duel of the experts” and the County’s invocation of qualified immunity protection cannot be posited on this ground.

Higby Development, LLC v. Sartor

954 A.2d 77 · Commonwealth Court of Pennsylvania · Jul 14, 2008

to establish that Ledbetter’s conduct fell outside the protection of the Tort Claims Act. … However, a limited exception to this Rule has been created allowing the raising of the affirmative defense of governmental immunity as a preliminary objection when it is clearly applicable on the face of the complaint and

Wilkerson v. County of Cook

379 Ill. App. 3d 838 · Appellate Court of Illinois · Feb 25, 2008

Immunity Act. … Newsome’s Pap smear slides could be present in cancerous, precancerous or normal conditions, she clearly testified that she never suspected a cancerous or precancerous condition.

People v. Forney

3 Cal. App. 5th 1091 · California Court of Appeal · Oct 4, 2016

The issue in Chavez, supra, 538 U.S. 760 was whether an interrogating officer could claim qualified immunity in a civil rights case brought by one Oliverio Martinez, who had been questioned without Miranda3 warnings while … In an even more fractured opinion than McKune, the high court reversed the Ninth Circuit Court of Appeals’ opinion denying qualified immunity and remanded for consideration of whether Martinez could base his section 1983

William W. Frey v. Donnie Foster, Sheriff of Fannin County, Fannin County, Dr. Jagdish Shah, Community Education Centers, Inc.

Texas Court of Appeals, 6th District (Texarkana) · Mar 14, 2014

, (2) Foster moved to dismiss Frey’s suit based on qualified immunity, (3) Fannin County, Foster, and the CEC moved to dismiss Frey’s suit on the ground that he failed to file a separate affidavit or declaration as required … CODE ANN. § 493.002 (West 2012). 3 Section 14.003 because he failed to meet Section 14.004’s requirements, and determined that Fannin County and Foster’s assertion of immunity

Better Government Ass'n v. Illinois High School Ass'n

2016 IL App (1st) 151356 · Appellate Court of Illinois · Aug 29, 2016

App. 3d 1065 (2005), in which IHSA had sought protection under the Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) (745 ILCS 10/1-101 et seq. … Instead, the challenged statements were legal arguments asserted by IHSA in an effort to establish immunity under the Tort Immunity Act.

Allied Erecting & Dismantling Co. v. City of Youngstown

151 Ohio App. 3d 16 · Ohio Court of Appeals · Sep 26, 2002

. {¶ 24} “Under the first tier, R.C. 2744.02(A) grants broad immunity to political subdivisions. If immunity is established under R.C. 2744.02(A), such immunity is not absolute, however. … Slivinsky (2001), 141 Ohio App.3d 82, 86-87 , 749 N.E.2d 854 . {¶ 25} Clearly, Allied’s claims for conversion and tortious interference with a contract fall within the general grant of immunity found in R.C. 2744.02(A)(1)

Benton v. YMCA of Westfield

47 N.J. Super. 372 · New Jersey Superior Court Appellate Division · Nov 13, 1957

It is not sufficient, as defendant argues, merely to establish that the conditions present on the steps were observed by Mrs. Benton. … The doctrine of charitable immunity found its way into American law through misconception or misapplication of previously established principles.

Steven J. Stringfellow v. Texas Comptroller Judiciary Section

Texas Court of Appeals, 15th District · Jul 10, 2025

that immunity does not apply or has been waived. … Stringfellow’s own allegations, taken as true, establish that the Comptroller has not yet denied his application for wrongful- imprisonment compensation.

Brown v. Lubbock County Comm. Court

185 S.W.3d 499 · Texas Court of Appeals, 7th District (Amarillo) · Nov 21, 2005

Section 14.005 applies to suits arising out of a claim “subject to the grievance system established under Section 501.008 [of the] Government Code.” … Appellant’s petition clearly alleges the judicial defendants were acting in their judicial capacities. It does not allege they acted in the complete absence of jurisdiction.

Alfredo Carrasco v. City of El Paso and El Paso Water Utilities

Texas Court of Appeals, 8th District (El Paso) · Apr 30, 2021

However, the precise, relevant excerpt from Bellnoa establishes Section 101.0215 does not provide an independent waiver of immunity. … Because the statutory language does not clearly and unambiguously waive sovereign immunity, and in view of the stated legislative intent, we hold that section 101.0215 is not an independent waiver of immunity

Castner v. Jefferson Cty.

2025 Ohio 1309 · Ohio Court of Appeals · Apr 11, 2025

Chapter 2744, which established the statutory governmental immunity that exists today. R.C. … The burden of proof is initially on the political subdivision to establish general immunity, and when established, Case No. 24 JE 0017