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.

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

Texas Court of Appeals, 8th District (El Paso) · Aug 28, 2024

See Hillman, 579 S.W.3d at 360 (setting out five factors to determine whether a statute clearly and unambiguously waives governmental immunity); Tex. … Nueces Cnty., 579 S.W.3d 354, 361 (Tex. 2019) which sets out five factors to consider whether a statute clearly and unambiguously waives immunity.

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

David Hornberger, in His Official Capacity, Ryan Anderson, in His Official Capacity, Brian Hamilton, in His Official Capacity, Bonnie Giddens, in Her Official Capacity, Lisa Krenger, in Her Official Capacity, Perry Shankle, in His Official Capacity, Stacy Sharp, in Her Official Capacity, Dr. Dana Bashara, in Her Official Capacity, and Alamo Heights Independent School District v. Selina Jones, Roy Hummel and Leslie Michelle Pruitt

Texas Court of Appeals, 8th District (El Paso) · Aug 21, 2024

See Hillman, 579 S.W.3d at 360 (setting out five factors to determine whether a statute clearly and unambiguously waives governmental immunity); Tex. … Nueces Cnty., 579 S.W.3d 354, 361 (Tex. 2019) which sets out five factors to consider whether a statute clearly and unambiguously waives 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

Timashpolsky v. State University of New York Health Science Center

306 A.D.2d 271 · Appellate Division of the Supreme Court of the State of New York · Jun 2, 2003

The hospital also established that the plaintiffs termination was motivated by a legitimate nondiscriminatory reason (see Blum v New York Stock Exch., 298 AD2d 343, 344 [2002]). … Those defendants are protected by a qualified immunity pursuant to Education Law § 6527 (3) and (5) (see Sithian v Spence, 283 AD2d 566 [2001]; Pappalardo v Meisel, 112 AD2d 277, 278 [1985]; see also Public Health Law § 2805

Texas Department of Transportation v. Kathleen Galloway-Powe, Individually and as Representatives of the Estates of Manley D. Galloway, and Elfriede Galloway

Texas Court of Appeals, 10th District (Waco) · Aug 4, 2021

Thus, Powe’s pleadings did not affirmatively establish a waiver of TxDOT’s immunity because, pursuant to the discretionary function exception of section 101.056, the Tort Claims Act’s waiver of immunity does not apply to … The arguable “requirement” to comply with the manual is so that the State can, or will, qualify for federal funds for highway projects or this one in particular.

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

Thomton, Sperry & Jensen, Ltd. v. Anderson

352 N.W.2d 467 · Court of Appeals of Minnesota · Jul 17, 1984

As holder of the Andersons’ note, is Thornton immune to the defense of exces-siveness? 2. Was the fee excessive? ANALYSIS 1. … The evidence relating to these factors was most clearly brought out by expert testimony.

Vantage Systems Design, Inc. v. Raymondville Independent School District

290 S.W.3d 312 · Texas Court of Appeals, 13th District · Apr 9, 2009

Section 271.151 clearly states that for a contract to waive governmental immunity it must be written and properly executed. See Tex. Loo. Gov’t Code Ann. § 271.151. … And, it is well established that subject-matter jurisdiction is authorized by constitution or statute, and it is not something the parties can *318 confer by consent or waiver or abrogate by agreement. Fernandez v.

Len Rao v. the American Arbitration Association

Texas Court of Appeals, 5th District (Dallas) · Jul 15, 2014

The United States Supreme Court has established that immunity should be extended to persons and/or entities whose responsibilities are functionally comparable to those of a judge. Butz v. … AAA is clearly an organization that administers arbitrations, with –4– responsibilities functionally similar to that of a judge.

DORIS JEAN STALNACKER v. JUDGE DAVID DOLAN

Missouri Court of Appeals · Jul 29, 2021

A trial court may dismiss a petition based on an affirmative defense only if the face of the petition clearly and without exception establishes the failure of that cause of action. Id. … Because the municipal judge in Howe was presiding in a court established pursuant to the Missouri Constitution and was exercising judicial power provided therein, he had jurisdiction for purposes of judicial immunity.

April Serrano v. Laurel Housing Authority

151 So. 3d 256 · Court of Appeals of Mississippi · Nov 18, 2014

So Laurel Housing’s duty to repair the dangerous condition was qualified by Serrrano’s “duty to provide notice to . . . her landlord” of the dangerous defective condition in need of repair. Id. at 1013 (¶6). … So Laurel Housing’s duty to provide safe apartments for its low-income residents is clearly mandated by the Legislature. ¶23.

Greenberg v. Pryszlak

426 N.J. Super. 591 · New Jersey Superior Court Appellate Division · Jun 26, 2012

immunity. … We need not discuss the parties’ arguments regarding the qualified immunity defense because, for the same reasons discussed with regard to the other issues, the State defendants’ claim of qualified immunity is fraught with

Big Sun Healthcare Systems, Inc. v. Prescott

582 So. 2d 756 · District Court of Appeal of Florida · Jul 11, 1991

Facts are not necessarily privileged simply because they are recorded on a privileged or immune document. … (f) The department or its agent, for the purpose of establishing and maintaining a trauma registry... .

Toppi v. Arbour

119 So. 2d 621 · Louisiana Court of Appeal · Mar 21, 1960

and exemption must be so clearly and explicitly expressed and stated as to eliminate all doubt regarding the legislative intent with respect thereto. … In the Carlisle case, this court expressly held transfer of responsibility for maintenance of sidewalks in the City of Baton Rouge to defendant Parish did not change or alter the well established rule of non-immunity from

Texas Association of School Boards Risk Management Fund v. Southwest Texas Junior College

Texas Court of Appeals, 15th District · Jun 23, 2025

Section 271.152 does not waive immunity for a claim for relief that does not satisfy the Act’s strict requirements, even if it is somehow “related” to a qualifying contract. See id. … PRAYER The Fund has governmental immunity from suit, and the College had the burden to establish an applicable statutory waiver of that immunity with respect to each its claims.

Cardiology v. Wright

204 S.W.3d 676 · Missouri Court of Appeals · Oct 31, 2006

Each point is designed to establish that the trial court erred in granting immunity under Section 11111(a) of HCQIA. 5 In point one, Plaintiffs contend that Dr. … Rather, the record very clearly convinces us that the activities in question were concerned primarily with the “competence or professional conduct of a physician.” Id. The record establishes that Dr.

People v. Billington

116 Mich. App. 220 · Michigan Court of Appeals · May 19, 1982

Edmonds was given immunity. It doesn’t just say that he’s been given immunity. … In the instant case, the prior breaking and entering was clearly relevant to establish defendant’s access to the murder weapon, which fact tends to refute his claimed defense that he did not participate in the shooting and