Case law

Harvey Pelfrey v. The Estate of Steven Dewey McDowell, by and Through Brenda Roberts, as Administratrix

Court of Appeals of Kentucky · May 29, 2026

Mattingly defended in part based on qualified official immunity. … As such, Mattingly was not entitled to qualified official immunity.

Baylor Scott & White v. Peyton

549 S.W.3d 242 · Court of Appeals of Texas · Apr 19, 2018

We therefore focus our analysis on whether BHCS qualifies for immunity under section 285.072. See itation index="23" url="https://cite. case.law/citations/? … BHCS Does Not Qualify for Immunity under Section 285.072 As set forth above, a hospital district management company is entitled to governmental immunity under the TTCA "in its management or operation of a hospital under a

David L. McCartney, M.D. Darryl Williams, M.D. And Dorma Kohler v. Donald R. May, M.D.

Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … (footnote: 4) Appellants have failed to conclusively establish McCartney and Williams’s qualified immunity on May’s substantive due process claims.

People v. Onesra Enterprises, Inc.

7 Cal. App. Supp. 5th 7 · Appellate Division of the Superior Court of California · Dec 19, 2016

Immunity—L.A. Mun. Code Section 45.19.6.3, Subdivision E In regard to L.A. Mun. Code section 45.19.6.2, the trial court determined defendants did not qualify for immunity under L.A. Mun. … Thus, the use of the disjunctive clearly expresses that the failure to obtain registration either in 2011 or 2012 will suffice to disqualify the defendant from immunity.

Bonamo v. Betz

92 Mass. App. Ct. 1122 · Massachusetts Appeals Court · Jan 19, 2018

The doctrine of qualified immunity under 42 U.S.C. § 1983 (2012), applies equally to MCRA claims, Duarte v. … As a matter of law then, the judge properly concluded that the defendant was entitled to qualified immunity under the MCRA. Judgment affirmed .

Godman v. City of Fort Wright

234 S.W.3d 362 · Court of Appeals of Kentucky · Aug 31, 2007

The access is contingent upon the receipt of a report from a qualified traffic engineer, agreed upon by the Zoning Administrator, establishing that the special treatment will have no adverse affect on the roadway safety and … Nevertheless, the Godmans point out that there is no immunity for a discretionary act if it violates constitutional, statutory, or other clearly established rights, or if it is done willfully or maliciously with intent to

Simms v. Constantine

113 Md. App. 291 · Court of Special Appeals of Maryland · Jan 29, 1997

Ironically, it would mean that the police, who do not ordinarily hold law degrees, would be required to know the clearly established law, but prosecutors would not. 500 U.S. at 495 , 111 S.Ct. at 1944 (citations omitted). … Fitzgerald (1982), we "completely reformulated qualified immunity,” replacing the common-law subjective standard with an *314 objective standard that allows liability only where the official violates "clearly established

Jerauld ex rel. Robinson v. Kroger

353 S.W.3d 636 · Court of Appeals of Kentucky · Aug 5, 2011

Thus, Kroger could also use the defense of qualified official immunity. … Clearly, his actions were of a discretionary nature. We believe the acts undertaken by Kroger were discretionary in nature and entitled him to qualified official immunity.

City of Houston v. Daniels

66 S.W.3d 420 · Texas Court of Appeals, 14th District (Houston) · Feb 21, 2002

Sovereign immunity protects governmental entities from liability whereas official, or qualified, immunity protects individual governmental employees. DeWitt v. Harris County, 904 S.W.2d 650, 653 (Tex.1995). … However, section 51.014(5) of the Texas Civil Practice and Remedies Code provides that the denial of a motion for summary judgment may be appealed if it is based on an assertion of qualified immunity. City of Houston v.

City of Alamo v. Holton

934 S.W.2d 833 · Texas Court of Appeals, 13th District · Dec 19, 1996

The City of Alamo appeals from an interlocutory order denying its motion for summary judgment based on qualified immunity. … The terms "qualified immunity,” "official immunity," "quasi-judicial immunity,” "discretionary immunity” and "good faith immunity” refer to affirmative defenses available to governmental employees sued in their individual

La Belle v. County of St. Lawrence

85 A.D.2d 759 · Appellate Division of the Supreme Court of the State of New York · Dec 3, 1981

In addition, the case of Doe v County of Suffolk ( 494 F Supp 179, 182 ) states that the immunity under section 419 of the Social Services *761 Law is a qualified good faith immunity only. … Furthermore, it should be noted that contrary to defendants’ assertion, since the immunities are at best qualified immunities, plaintiffs did not have the burden to plead bad faith (Gomez v Toledo, 446 US 635 ).

Conway v. Pasadena Humane Society

45 Cal. App. 4th 163 · California Court of Appeal · May 8, 1996

would violate a clearly established constitutional *178 or statutory right. … Further, an officer’s unreasonable ignorance that he has violated a clearly established right does not save his claim of qualified immunity. (Gilker v. Baker (9th Cir. 1978) 576 F.2d 245, 247 ; Coleman v.

Pintar v. Houck

690 Utah Adv. Rep. 45 · Court of Appeals of Utah · Sep 1, 2011

"The doctrine of qualified immunity protects government officials 'from liability for civil damages insofar as their conduct does not violate clearly established . constitutional rights of which a reasonable person would … was clearly established at the time of ...

Dean v. Childs

262 Mich. App. 48 · Michigan Court of Appeals · May 13, 2004

involved ‘clearly established constitutional rights of which a reasonable person would have known.’ ” 11 If no constitutional violation occurred, the defendant has qualified immunity from liability. 12 “Qualified immunity … Childs claims common-law immunity under the public duty doctrine.

Miller v. Smith

921 S.W.2d 39 · Missouri Court of Appeals · Feb 27, 1996

doctrine are unconstitutional as applied to the wrongful death statute; and c) there are genuine issues of material fact as to whether the public duty, official immunity and qualified immunity doctrines are applicable. … Government officials performing discretionary functions are entitled to qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Tryon v. Town of North Branford

58 Conn. App. 702 · Connecticut Appellate Court · Jul 11, 2000

The doctrine that determines the tort liability of municipal employees is well established. “ ‘Although municipalities are generally immune from liability in tort, municipal employees historically were personally liable for … Andrews, supra, 211 Conn. 507 -508, in which our Supreme Court discussed the identifiable person-imminent harm exception to the general rule of qualified governmental immunity.

Weaver v. State of California

63 Cal. App. 4th 188 · California Court of Appeal · Apr 16, 1998

Defendants also asserted immunity under the qualified immunity doctrine, alleging that they are shielded from liability unless their actions violate clearly established statutory or constitutional rights of which a reasonable … was reasonable and that the qualified immunity doctrine applied.”

Chad Kelley, in His Capacity as Jefferson County Corner and Individually v. Bryan Adams, Brandon Adams, and Skylar Wilson

2024 Ark. App. 440 · Court of Appeals of Arkansas · Sep 18, 2024

We have stated that section 21-9-301 “establishes . . . an immunity defense.”6 We have also said that section 21-9-301 provides immunity from civil liability for negligent acts but not for intentional torts.7 Kelley … He contends that common-law qualified immunity protects public officials “from liability in their individual capacity unless they violate a clearly established right of which a reasonable person would know.”

State v. McInnes

Ohio Court of Appeals · Sep 10, 2026

“The doctrine of qualified immunity generally shields public officials performing discretionary functions from liability for civil damages to the extent that their conduct does not violate clearly established statutory … to qualified immunity.

LIBERTY COUNTY SCHOOL DISTRICT Et Al. v. HALLIBURTON

328 Ga. App. 422 · Court of Appeals of Georgia · Jul 31, 2014

Defendants moved to dismiss on grounds including that defendants were entitled to sovereign and/or qualified immunity. … And “[a] waiver of sovereign immunity must be established by the party seeking to benefit from that waiver.” Ruff, 315 Ga. App. at 456 (footnote omitted).