Case law

Texas Health & Human Services Commission v. Olguin

521 S.W.3d 403 · Court of Appeals of Texas · May 24, 2017

Gov’t Code § 311.034 (entitled ‘Waiver of Sovereign Immunity”)). … immunity’s most basic tenet.” 381 S.W.3d at 515 .

Souder v. Cannon

235 S.W.3d 841 · Court of Appeals of Texas · Oct 4, 2007

Hurst clearly was irresponsible in the control that they had over the payments to Owen CC and was not responsive to the needs and issues of the subcontractors in the administration of said contracts. … The summary judgment evidence established that Weegar, Heindel, and Johnson all used discretion in approving Owen CC’s pay applications.

Thurman v. Champaign Park Dist.

355 Ill. Dec. 575 · Appellate Court of Illinois · Aug 10, 2011

It argued it could not be held liable for plaintiffs' claimed *21 injuries because (1) section 3-106 of the Local Governmental and Governmental Employees Tort Immunity Act (Act) (745 ILCS 10/3-106 (West 2008)) made it immune … in Tort Immunity cases to the exclusion of common[-]law definitions."

Baseline Energy Services, LP and Baseline Services LLC v. Billy Tom Martin

Texas Court of Appeals, 13th District · Jun 4, 2026

Escalon, arguing that statements made in quasi-judicial proceedings are protected by judicial immunity. 993 S.W.2d 422, 425 (Tex. App.—Corpus Christi– Edinburg 1999, no pet.). … Martin clearly did not allege that he was entitled to the relief sought for any causes of 4 action except libel based on any of Baseline’s statements or communications.

Chestnet v. K-Mart Corp.

529 N.E.2d 131 · Indiana Court of Appeals · Oct 18, 1988

Taken as true for our present purposes, this assertion does not establish that France made a defamatory statement. Rather, it merely establishes that France was screaming. … Screaming for help certainly does not qualify as a defamatory statement.

Anderson v. City of Detroit

54 Mich. App. 496 · Michigan Court of Appeals · Jul 25, 1974

Plaintiffs appeal. *498 Plaintiffs concede that the doctrine of governmental immunity as set forth in the Michigan sovereign immunity statute, MCLA 691.1407; MSA 3.996(107), is well established but alleges the statute is … The right claimed by plaintiff clearly falls within that class. If a reasonable relation exists between the classification and some legitimate state interest, no denial of equal protection results.

Rebecca L. Harris v. James Presson

445 S.W.3d 127 · Missouri Court of Appeals · Oct 7, 2014

Instead, as a matter of law, this appeal may be resolved on the issue of official immunity. Official immunity “connotes not only immunity from judgment but also immunity from suit.” State ex rel. Mo. … “This doctrine was established to protect officers from second-guessing based on hindsight.” Blue v. Harrah’s N. Kansas City, L.L.C., 170 S.W.3d 466, 479 (Mo. App. W.D. 2005).

A. I. Divestitures, Inc.// the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality v. the Texas Commission on Environmental Quality And Richard Hyde, in His Official Capacity as Executive Director of the Texas Commission on Environmental Quality// A. I. Divestitures, Inc.

Texas Court of Appeals, 3rd District (Austin) · Jun 2, 2016

We concluded that the civil penalties the State sought did not qualify as damages or monetary relief as those terms were used in Reata. Id. at *8. … We have concluded that most of A.I.’s claims are moot and that its breach of contract claim is barred by sovereign immunity.8 Repleading will not revive moot claims or establish a waiver of immunity.

City of Mission v. Aaron Cervantes

Texas Court of Appeals, 13th District · Mar 28, 2024

Cervantes maintained that the jurisdictional evidence 3 demonstrated that the mound of caliche qualified as a special defect, such that the City owed an invitee standard of care. … Governmental immunity deprives a trial court of jurisdiction over lawsuits in which a governmental entity has been sued unless immunity is waived by the Legislature. Travis Cent. Appraisal Dist. v.

City of Philadelphia v. Shapp

44 Pa. Commw. 303 · Commonwealth Court of Pennsylvania · Jul 17, 1979

Since the payment of the funds has been provided by statute, from the standpoint of the state, the “claim” has been established and therefore this is not a situation where waiver of sovereign immunity is an issue. … Although immunity is an affirmative defense which ordinarily should be raised as new matter, we have considered and ruled upon issues of immunity raised in preliminary objections, when to delay ruling thereon would serve

Goldbaum v. Regents of University of California

191 Cal. App. 4th 703 · California Court of Appeal · Jan 6, 2011

Goldbaum’s motion for attorney fees in an action against the Regents to establish his eligibility for pension fund benefits. … A line of opinions establishes that matters pertaining to wages and benefits are internal university affairs not subject to any of the exceptions to the Regents’ constitutional immunity from state regulation.

Seder v. City of Fort Collins

1999 Colo. J. C.A.R. 1833 · Colorado Court of Appeals · Apr 1, 1999

The trial court granted the City’s motion finding that plaintiff had failed to establish that the City’s immunity was waived under any of the three provisions relied upon by plaintiff. … As to whether the City’s immunity was waived under § 24-10-106(l)(d)(III), the *906 court found that plaintiff had failed to establish that the City had actual notice that there had been a problem with ice on the sidewalk

Bartholomew County and Bartholomew County Commissioners v. Doug Johnson and Lucretia Johnson v. C & H/M Excavating and Construction, Inc., and Christopher B. Burke Engineering, LTD.

Indiana Court of Appeals · Sep 17, 2013

The party seeking immunity bears the burden of establishing its conduct comes within the Act. 2 See Gary Cmty. Sch. Corp. v. … Thus, for example, governmental immunity is not clearly conferred to shield a government-employed lifeguard, otherwise liable for a swimmer’s injuries by reason of the lifeguard’s intoxication and inattention

Perfetti v. Marion County, Illinois

985 N.E.2d 327 · Appellate Court of Illinois · Mar 7, 2013

Id. at 153. ¶ 19 Constructive notice under section 3-102(a) of the Tort Immunity Act is established where the condition has existed for such a length of time or is so conspicuous or plainly visible that … Marion County clearly asserted its lack of notice under section 3-102 of the Tort Immunity Act in response to the plaintiff’s complaint and argued the issue before the circuit court as a basis for granting its

Newsome by and Through Newsome v. Lowe

699 S.W.2d 748 · Court of Appeals of Kentucky · Jul 5, 1985

Although the precise terminology was not set forth, the “substantial equivalent” and “summary of the grounds” mandated by CR 26.02(3)(a) is clearly evident. … Nathanson is given a qualified immunity because, if full discovery was permitted, the rule becomes frustrated or “documents and tangible things” would not be produced or recorded.

Goss v. Oklahoma Blood Institute

856 P.2d 998 · Court of Civil Appeals of Oklahoma · May 23, 1990

[While] the Louisiana Constitution prohibits the granting of special immunity for “any corporation, association or individual,” ... as long as a privilege or immunity “operates equally and fairly to those who engage in like … Because the Oklahoma blood shield statute treats all within the “transaction” of supplying blood and/or blood products equally and without discrimination, and affords all within the “transaction” a qualified immunity, i.e

Robson v. Penn Hills School District

63 Pa. Commw. 250 · Commonwealth Court of Pennsylvania · Dec 16, 1981

Exceptions to governmental immunity. … immunity by the holding in Ayala v.

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.

Rick Staly, as Sheriff of Flagler County, Florida v. Nina Izotova

District Court of Appeal of Florida · Dec 20, 2024

Notwithstanding this argument, nothing in the record establishes that the Bureau of Consumer Assistance is a subdivision of DFS or that their mailing addresses are the same. … Additionally, Appellee cites no case law supporting her claims that notice to a subdivision of DFS qualifies as notice to DFS for purposes of section 768.28(6)(a).

City of Colorado Springs v. Mountain View Electric Ass'n

925 P.2d 1378 · Colorado Court of Appeals · Apr 25, 1996

Thus, for the City to be immune from federal antitrust liability, it need only show that its role in the contract with Mountain View was undertaken pursuant to a clearly articulated state policy. … Thus, we hold that a municipality or cooperative electric association is immune from state antitrust liability when it is shown that the anticompetitive conduct at issue was undertaken pursuant to a clearly articulated state