Case law

Limones v. School District of Lee County

111 So. 3d 901 · District Court of Appeal of Florida · Feb 6, 2013

“It is clearly established that one who undertakes to act, even when under no obligation to do so, thereby becomes obligated to act with reasonable care.” Union Park Mem’l Chapel v. Hutt, 670 So.2d 64, 66-67 (Fla.1996). … as establishing a civil liability.”

Rhodes v. Torres

901 S.W.2d 794 · Texas Court of Appeals, 14th District (Houston) · Jun 22, 1995

The test under federal immunity law for such claims is as follows: “[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed … Rhodes was lawful in light of clearly established law and the information he possessed at the time he filed the motion to revoke her probation.

in Re: Texas Department of Transportation

510 S.W.3d 701 · Texas Court of Appeals, 8th District (El Paso) · Oct 14, 2016

While the motion did not expressly refer to sovereign immunity, it asserted that Flores could not establish a prima facie case of age discrimination because TxDOT filled the vacant position with an older employee. … To establish a prima facie case of age discrimination under the Texas Commission on Human Rights Act, the plaintiff in a true replacement case must show that he or she was (1) a member of a protected class; (2) qualified

State v. Keller-Bee

224 Md. App. 1 · Court of Special Appeals of Maryland · Jul 6, 2015

As will be discussed in detail infra, Maryland Courts have clearly established that a judge is immune from tort liability for judicial acts. … The Court continued: The determination of [w]hether a function qualifies for absolute immunity is made objectively and not subjectively.

DeVries v. State

221 Ariz. 201 · Court of Appeals of Arizona · Mar 31, 2009

or thwarting established public policy. … Here, the trial court determined that qualified immunity applied if the jury found that the factual prerequisites under A.R.S. § 12-820.02(A)(7) were established, thereby allowing the jury to determine only the disputed facts

M.W. v. Nassau County

2025 NY Slip Op 05550 · Appellate Division of the Supreme Court of the State of New York · Oct 8, 2025

The County moved for summary judgment dismissing the complaint insofar as asserted against it, contending, inter alia, that it was entitled to governmental function immunity and qualified immunity pursuant to Social Services … Contrary to the County's contention, it "was not entitled to qualified immunity pursuant to Social Services Law § 419, as qualified immunity does not bar recovery for the negligent supervision of children in foster care"

Ellis v. White

156 N.C. App. 16 · Court of Appeals of North Carolina · Feb 4, 2003

“Under the doctrine of qualified immunity, ‘governmental officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … “Therefore, ruling on a defense of qualified immunity requires (1) identification of the specific right allegedly violated; (2) determining whether at the time of the alleged violation the right was clearly established; and

Fisher v. Ahmed

153 N.E.3d 612 · Ohio Court of Appeals · Mar 31, 2020

Even assuming that the facts and allegations of the complaint conclusively established that Ahmed is generally personally immune from liability, the complaint does not conclusively establish the inapplicability of an exception … Once established, a qualified privilege can be defeated by a clear and convincing showing that the communication was made with actual malice.

Van Emrik v. Chemung County Department of Social Services

220 A.D.2d 952 · Appellate Division of the Supreme Court of the State of New York · Oct 26, 1995

Plaintiffs contend that questions of fact exist as to whether defendants are entitled to the qualified immunity from liability provided by Social Services Law § 419. … Here, the X rays were clearly not medically indicated.

Turner v. Martire

99 Cal. Rptr. 2d 587 · California Court of Appeal · Aug 14, 2000

are immune unless their conduct violated clearly established statutory or constitutional rights of which a reasonable person would have known. … Scope of authority In addition to establishing that they qualify as tribal officials for immunity purposes, defendants must satisfy the second requirement for tribal official immunity, i.e., that the official must have acted

Karen Deloach Collins, as Personal Representative of the Estate of Benny Deloach v. Matthew Schantz

Court of Appeals of Georgia · Sep 26, 2023

See id. at 123 (1) (referring to “[t]he doctrine of official immunity, also known as qualified immunity”; Gilbert v. … established law” to that effect.

Baylor College of Medicine v. Tate

77 S.W.3d 467 · Texas Court of Appeals, 1st District (Houston) · May 23, 2002

on the issue of qualified immunity”); Austin Indep. … Clearly, this section applies to, among other things, assertions of immunity from suit. It does not apply to assertions of immunity from liability. Hence, it is necessary to determine the nature of Baylor’s claim.

Suarez v. Derosier

241 So. 3d 1086 · Louisiana Court of Appeal · Mar 7, 2018

DeRosier submitted affidavits of his employees in support of absolute immunity. Prosecutors may have absolute immunity or qualified immunity depending upon their actions. … The trial court clearly noted absolute immunity was at issue and found that Defendants were entitled to summary judgment. However, Defense counsel's failure to provide discovery, claiming immunity applied, prevented Mr.

Lucas v. Swain County Board of Education

154 N.C. App. 357 · Court of Appeals of North Carolina · Dec 3, 2002

Both affidavits established the Trust is not authorized and licensed to execute insurance contracts in this State and that it is not considered a qualified insurer as determined by the Department of Insurance. … Moreover, defendant established through three affidavits from Hale, Earley and Dunlap that the Trust is neither a licensed and authorized insurer, nor a qualified insurer as determined by the Department.

Durrant v. BOARD OF ED. OF CITY OF HARTFORD

96 Conn. App. 456 · Connecticut Appellate Court · Jul 11, 2006

A municipal employee has a qualified immunity in the performance of a governmental duty, but he may be liable for tortious conduct if he subjects an identifiable person to imminent harm. Burns v. … To succeed in her claim of liability, therefore, the plaintiff must fall within one of the exceptions to a municipal employee’s qualified immunity for discretionary acts.

Schneider v. Simonini

314 N.J. Super. 583 · New Jersey Superior Court Appellate Division · Sep 4, 1998

The trial judge dismissed the case against Post based on qualified immunity. … The test is whether the conduct involved was objectively reasonable in the light of clearly established law. Harlow, supra, 457 U.S. at 818 , 102 S.Ct. at 2738 , 73 L.Ed.2d at 410 .

Mettler Ex Rel. Burnett v. Nellis

280 Wis. 2d 753 · Court of Appeals of Wisconsin · Mar 22, 2005

We conclude that O'Connor's affidavit is sufficient to qualify her to give her opinions. … containing those opinions should be considered at summary judgment. 5 Nellis does not argue that expert opinion is inappropriate, only that O'Connor's affidavit is insufficient. 6 Nellis argues that O'Connor's affidavit does not establish

City of Brooksville v. Warner

533 S.W.3d 688 · Court of Appeals of Kentucky · Mar 17, 2017

Because the safe driving of a police vehicle is a ministerial act, Hause is not entitled to qualified immunity on Plaintiffs negligent driving claim. … For this reason, and to ensure that governmental officials will exercise discretion when needed, our law allows qualified immunity from suit on the performance of discretionary acts.

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.

DONNA SMITHERS v. TA'TANISHA TWEEDY

Court of Appeals of Georgia · Jun 24, 2025

“The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity.” (Citation omitted.) Siegrist v. Herhold, 365 Ga. … “Under Georgia law, official or qualified immunity is an entitlement not to stand trial rather than a mere defense to liability.