Case law

Maguire Oil Company v. City of Houston

Texas Court of Appeals, 6th District (Texarkana) · Feb 15, 2002

A city is immune from liability for its governmental actions unless that immunity is waived. City of LaPorte v. Barfield , 898 S.W.2d 288, 291 (Tex. 1995). … The City contends Rosenthal is not a common-law exception to sovereign immunity because Rosenthal did not involve sovereign immunity.

Bollinger v. Schneider

64 Ill. App. 3d 758 · Appellate Court of Illinois · Oct 16, 1978

Sections 4 — 102 and 4 — 103 provide respectively: “Neither a local public entity nor a public employee is liable for the failure to establish a police department or otherwise provide police protection service or, if police … Section 4 — 103 involves detentional facilities and the language of that section, as previously set forth, clearly indicates its applicability to the present facts.

Resolution Trust Corp. v. Lanzaro

271 N.J. Super. 425 · New Jersey Superior Court Appellate Division · May 28, 1992

The Corporation is immune from taxes other than ad valorem real property taxes. … Just as clearly, however, the statutory fee allowed to the sheriff is not a direct tax on anyone’s capital, including that of the RTC.

Grace Memorial Baptist Church A/K/A Grace Baptist Church N/K/A Church of the Lord Jesus Christ v. Harris County, on Behalf of Itself and on Behalf of the Harris County Education Department, the Port of Houston Authority of Harris County, HCFCD, HCHD City of Houston HISD, Harris County Education District And Houston Community College System

Texas Court of Appeals, 14th District (Houston) · Aug 28, 2008

Issues Presented The precise issues the Church presents on appeal are not clearly enumerated in its brief. … The Church = s Claim of A Tax Immunity @ Our resolution of the Church = s claim of A tax immunity @ turns on the difference between the procedures established by statute for collecting delinquent taxes and for obtaining tax

Santa Clara County Department of Social Services v. Katherine Q.

130 Cal. App. 3d 567 · California Court of Appeal · Apr 13, 1982

The trial court was obligated to “treat such an objection and declaration as conclusively establishing that an immunity order .. . cannot be issued because it would or might unduly hamper criminal prosecution of the witness … Finally, and contrary to appellant’s fourth contention, the tape recording was clearly admissible as a declaration against penal interest (Evid.

City of El Paso v. Joseph C. Pickett

Texas Court of Appeals, 8th District (El Paso) · Dec 28, 2022

“Consequently, sovereign immunity will bar an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” … The UDJA clearly and unambiguously waives the governmental immunity of municipalities in any action for declaratory judgment that involves the validity of a municipal ordinance. See id.

Brewer v. Trimble

926 S.W.2d 686 · Missouri Court of Appeals · Jun 28, 1996

On the first appeal, Defendant claimed that Plaintiff failed to state a cause of action, failed to make a submissible case and that Defendant was protected by qualified immunity. … The Supreme Court in Farrar has clearly held that a litigant recovering only nominal damages is still a “prevailing party” under § 1988.

Glover-Armont v. Cargile

Court of Appeals of Nevada · Jul 19, 2018

, a qualified immunity, provided North Las Vegas with an affirmative defense to Glover-Armont's claims.' … However, a doctrine known as discretionary-act immunity, codified as NRS 41.032(2), provides an exception to this general waiver through a qualified immunity for state agencies and their

Lehnig v. Felton

278 Pa. Super. 12 · Superior Court of Pennsylvania · May 16, 1980

caused by a dangerous condition of highways under the jurisdiction of Commonwealth agencies created by potholes or sinkholes or other similar conditions created by natural elements, except that the claimant to recover must establish … Appellant Glasgow’s claim is for property damage to its vehicle occasioned in the accident and is clearly barred by 42 Pa.C.S.A. § 5111(b)(5), supra, since it is an action brought pursuant to Section 5110(a)(5) (pertaining

San Antonio Water System, an Agency of the City of San Antonio v. Matiraan, Ltd., and Marylyn House

Texas Court of Appeals, 4th District (San Antonio) · Mar 1, 2023

A plaintiff also bears the burden of establishing a waiver of governmental immunity in suits against the government. Id. … City of San Antonio, 489 S.W.3d 448, 451–52 (Tex. 2016) (parties must only establish waiver of immunity if immunity applies).

the City of Cleveland, Niki Coats, in His Official Capacity as Mayor of the City of Cleveland and Angela Smith, in Her Official Capacity as City Secretary of the City of Cleveland v. Keep Cleveland Safe

500 S.W.3d 438 · Court of Appeals of Texas · Jul 28, 2016

Similarly, in Couchman, the court discussed the impropriety of enjoining a legislative body from enacting ordinances: As before stated, the record clearly establishes that the ordinance has not been finally … It is well settled . . . that the enactment of a void ordinance will not be enjoined, although its invalidity clearly appears, unless it also clearly appears that the mere enactment of the ordinance of itself

Hinnigan v. State

94 A.D.2d 830 · Appellate Division of the Supreme Court of the State of New York · May 5, 1983

The only obligation of the State under the statute was to lend technical assistance to towns and to issue regulations to qualify a town for the program. … We conclude that none has been established (Schuster v City of New York, 5 NY2d 75 ). The town was not under any obligation to comply with the Federal insurance program.

the City of Dallas v. Frederick Salyer

Texas Court of Appeals, 5th District (Dallas) · Jul 1, 2013

The City asserts the Texas Tort Claims Act does not waive the City’s governmental immunity with respect to Salyer’s claims because the record conclusively establishes Salyer was a City employee at the time of his accident … In his affidavit, Salyer acknowledges that the City clearly had the right to tell him when to start work, when to take a break, and when to stop work.

County of El Paso v. Dorado

180 S.W.3d 854 · Texas Court of Appeals, 8th District (El Paso) · Jan 11, 2006

Appellant filed a second interlocutory appeal raising a question regarding qualified immunity of the nurses, which was denied. 2 In May of 2003, trial was had to a jury on allegations of the violation of the constitutional … Actions and decisions by officials that are merely inept, erroneous, ineffective, or negligent do not amount to deliberate indifference and do not divest officials of qualified immunity. Id.

Armstrong v. Ypsilanti Charter Township

248 Mich. App. 573 · Michigan Court of Appeals · Feb 25, 2002

These defendants are clearly the highest elective officials in the township and are immune if they were acting within their authority when they eliminated plaintiffs position. ... … On these facts, the Attorney General clearly is “immune from tort liability” because he was “acting within the scope of [his] executive authority.”

San Antonio Water System v. Robert Overby and Teresa Overby

429 S.W.3d 716 · Texas Court of Appeals, 4th District (San Antonio) · Mar 19, 2014

The court rejected their argument as insufficient to establish the required intent: The [City’s] awareness of the mere possibility of damage is no evidence of intent. … “[N]uisance liability arises only when governmental immunity is clearly and unambiguously -6-

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.

Chiao-Yun Ku v. Town of Framingham

62 Mass. App. Ct. 271 · Massachusetts Appeals Court · Oct 18, 2004

The motion judge correctly ruled that despite his independent contractor status, “Drake was clearly acting within the scope of his employment” and “on behalf of the public employer.” The question is close. … “The immunities provided by [G.

Barnett v. Department of Management Servs.

931 So. 2d 121 · District Court of Appeal of Florida · May 22, 2006

Any lingering uncertainty as to the legislative intent behind the creation of the Act was, in our opinion, clearly dispelled by the legislature's addition of subsection (8) to section 957.04 in 1999, which provides that the … Contrary to appellant's position, we conclude the quoted provision should be viewed merely as an indicator of legislative intent that, in making the cost-saving determination to qualify for a contract to operate a prison

Hardy v. Bowie

719 So. 2d 1158 · Louisiana Court of Appeal · Oct 7, 1998

In the case sub judice, a factual inquiry is necessary to determine whether the police officers established a personal relationship to Hardy, precluding immunity under this exception to the public duty doctrine, or whether … In addition to the material immunity issues, the factual inquiry required to determine the officers' duty, as mentioned earlier in this decision, readily combines to clearly preclude any summary ruling by this or the lower