Case law

Possekel v. O'DONNELL

51 Ill. App. 3d 313 · Appellate Court of Illinois · Jul 28, 1977

At common law schools did not enjoy any special immunity by being schools, although at one time they may have been immune from suit if they were governmental institutions or charitable institutions. … Accordingly, this court cannot find that this statute created an immunity from negligence for day-care centers and nursery schools not run by a school system unless the language of the statute clearly requires such a finding

Browning v. Fostoria

2010 Ohio 2163 · Ohio Court of Appeals · May 17, 2010

The burden of proof is on the political subdivision to establish general immunity, and, when established, the burden then -10- Case No. 13-09-28 shifts to the plaintiff to demonstrate … He clearly slowed down and checked the intersection for traffic and warned other motorists by using his overhead lights and sirens.

Raul Hinojosa, Individually and on Behalf of S.H., a Minor v. Hidalgo County Community Supervision and Corrections Department

Texas Court of Appeals, 13th District · Aug 24, 2023

Under the doctrine, courts lack subject matter jurisdiction over suits against governmental units, such as CSCD, unless immunity has been clearly and unambiguously waived by the legislature. Harris County v. … The TTCA clearly and unambiguously waives governmental immunity to suits for property damage, personal injury, and death proximately caused by the wrongful act or omission or the negligence of an employee acting

LAKE CHARLES HARBOR v. Board of Trustees of Galveston Wharves

62 S.W.3d 237 · Texas Court of Appeals, 14th District (Houston) · Oct 18, 2001

Sovereign Immunity The doctrine of sovereign immunity, unless waived, protects the State *246 of Texas, its agencies and its officials from lawsuits for damages, absent legislative consent to sue the State. … As the City of Galveston is located on the Gulf of Mexico and, according to most recent data available from the United States Census Bureau, has a population of 57,247, it is undoubtedly a qualifying municipality for purposes

Katherine Lemay; H.L., A Minor, By and Through Her Mother and Next Friend Katherine Lemay; H.O., A Minor, By and Through Her Mother and Next Friend Katherine Lemay; and C.L., A Minor, By and Through His Mother and Next Friend Katherine Lemay v. City of Biloxi, Mississippi

Court of Appeals of Mississippi · Jun 4, 2024

The Supreme Court continued, explaining that the Legislature enacted the MTCA, which embodied the same rationale that a city is immune because the establishment of a police force is a governmental rather than a proprietary … The trial court dismissed the complaint finding that the plaintiff had not pleaded that the officer acted intentionally or deliberately to establish the reckless disregard necessary to defeat immunity.

Linz v. Montgomery Cnty.

Court of Special Appeals of Maryland · Nov 1, 2022

The defendant moved to dismiss based on qualified immunity under the Maryland Tort Claims Act (MTCA), Md. Code (1984, 2021 Repl. Vol.) §§ 12-101 through 12-110 of the State Government Article (SG). … The circuit court dismissed the claim against the employee based on qualified immunity, and then dismissed the claim against the State based on limitations.

Brozovich v. Circle C Group Homes, Inc.

120 Pa. Commw. 417 · Commonwealth Court of Pennsylvania · Oct 14, 1988

. *420 The CYS Appellees raised both governmental immunity under 42 Pa. C. S. §8541 and immunity under Section 11 of the Law, 11 P.S. §2211. … However, while she clearly would be entitled to immunity from suit if her good faith in reporting abuse is established, the lack of a presumption to that effect renders this a factual question, fairly raised by Appellants

Starr v. Ward

289 Ill. App. 3d 299 · Appellate Court of Illinois · Jun 17, 1997

Under this grant of authority, the legislature reinstated sovereign immunity in the circuit courts (745 ILCS 5/1 (West 1994)) but established the Court of Claims and invested it with exclusive jurisdiction to hear "[a]ll … Clearly the Safety Code only regulates the conduct of IDOT employees. Only IDOT employees are obligated to be familiar and comply with Safety Code provisions.

Storm v. Town of Ponce Inlet

866 So. 2d 713 · District Court of Appeal of Florida · Jan 2, 2004

Writing for a small majority, Justice Overton said: The government clearly has no responsibility to protect personal property interests or ensure the quality of buildings that individuals erect or purchase. … Sovereign Immunity Based on A Discretionary Act of the Government.

Robert Cepeda, Melanie McCormick, and Tom Jones, Individually and in Their Official Capacities v. Badeaux, Don R.

Texas Court of Appeals, 13th District · Mar 31, 2000

The motion was denied, and appellants have appealed the denial of their claim to absolute immunity. See Tex. Civ. Prac. & Rem. … Not all these powers need be vested in the governmental body to qualify for the quasi-judicial proceeding privilege. Id .

Jordan v. Continental Airlines, Inc.

893 So. 2d 446 · Court of Civil Appeals of Alabama · Mar 12, 2004

The affidavits submitted by Ray show him to be a well-qualified neurological scientist, one who is clearly qualified to testify as an expert in some areas. … The affidavits submitted by Ray show him to be a well-qualified neurological scientist, one who is clearly qualified to testify as an expert in some areas.

City of St. Louis v. Milentz

887 S.W.2d 709 · Missouri Court of Appeals · Oct 18, 1994

No one disputes Home qualifies for retirement coverage under the statute and city ordinance. … The City and Retirement System seek to test the validity of the statute and city ordinance and to declare city officials’ immunity in the future in enforcing the statute and city ordinance.

State Ex Rel. Schoener v. Board of County Commissioners

84 Ohio App. 3d 794 · Ohio Court of Appeals · Dec 30, 1992

Strict liability is imposed when an absolute nuisance is found to exist, but negligence must be proved to establish a qualified nuisance. Id., paragraphs two and three of the syllabus. In Metzger v. … We further assume, without deciding, that the county is not protected in this suit by any theory of sovereign immunity. 5 .

Nerac, Inc. v. Meehan

44 Conn. Super. Ct. 328 · Connecticut Superior Court · Jan 27, 1995

NASA originally established it at the University of Connecticut in 1967. … It explained that: “Although there is no simple test for ascertaining whether an institution is so closely related to governmental activity as to become a tax-immune instrumentality, the Red Cross is clearly such an instrumentality

Stewart v. Sun Sentinel Co.

695 So. 2d 360 · District Court of Appeal of Florida · Feb 12, 1997

duties of these defendants do not specifically include issuing press releases, these defendants are not protected by the absolute privilege attaching to statements by public officials incidental to their official duties established … Hurtado, as the trial court correctly found, was entitled to the absolute immunity afforded statements made in the course of judicial proceedings, even though the lawsuit had not yet been filed. Ange v.

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.

Jones v. Soto

2023 Ohio 3107 · Ohio Court of Appeals · Sep 5, 2023

As such, “‘a police officer * * * cannot be held personally liable for acts committed while carrying out his or her official duties unless one of the exceptions to immunity is established.’” Szefcyk v. … I acknowledge the unique position of police officers and the importance of governmental immunity on their ability to perform their jobs, but that immunity is not limitless.

Thomas v. Lehman

158 P.3d 86 · Court of Appeals of Washington · May 15, 2007

Clearly, the Legislature did not intend inmates to have unfettered, immediate access to their wages during their incarceration. C. … Neither absolute nor qualified immunity extends to § 1983 suits for declaratory relief such as this one. See, e.g., Orellana v.

Ahmed v. Burns

12 Mass. L. Rptr. 191 · Massachusetts Superior Court · Sep 20, 2000

Although the RMLD is a governmental body which qualifies as a public employer under the Tort Claims Act, G.L.c. 258, it is nonetheless a distinct and independent entity from the town. See Middleborough v. … involve the implementation and execution of such governmental policy or planning [for which there would be no governmental immunity].

State v. Iorg

147 Utah Adv. Rep. 46 · Court of Appeals of Utah · Nov 14, 1990

Rammel, 721 P.2d 498 (Utah 1986), the defendant on appeal challenged admission of the testimony of a detective that “he did not consider it unusual for [a witness, who had been granted immunity] to lie to him when [the witness … Nor was there any evidence that [the detective’s] experience uniquely qualified him as an expert.”