Case law

Ward v. City of Lebanon

273 S.W.3d 628 · Court of Appeals of Tennessee · Apr 25, 2008

App. 1992), which held that a dangerous or defective condition on a public street, for which immunity is removed in Tenn. … The record establishes that Sissom was qualified to testify as an expert in the field of engineering, and could testify regarding the standards in that industry as they related to the issues in this case.

University of Texas at Austin v. Hinton

822 S.W.2d 197 · Court of Appeals of Texas · Jan 29, 1992

We find in the record nothing to diminish the effect of this qualifying statement, and nothing to indicate that the jury disregarded it. … In their tenth point of error, the Defendants complain that these answers were insufficient to establish their liability.

Bielema v. River Bend Community School District No. 2

990 N.E.2d 1287 · Appellate Court of Illinois · Jun 18, 2013

The Local Governmental and Governmental Employees Tort Immunity Act (Tort Immunity Act) provides that local government entities like the District are not liable for injuries on public property used for recreational … -4-  statutory definition to exclusively apply in cases involving the Tort Immunity Act.

Greyhound Lines, Inc. v. Department of California Highway Patrol

213 Cal. App. 4th 1129 · California Court of Appeal · Jan 23, 2013

services under Government Code section 845; and (4) CHP 911 operators have qualified immunity from liability for providing necessary emergency services under Health and Safety Code section 1799.107. … The question of whether CHP is statutorily immune from liability does not arise unless it is determined that CHP owed a duty of care to the bus passengers and thus would be liable in the absence of such immunity.

Clayton Watkins v. State

Court of Appeals of Georgia · Jun 29, 2026

The general demurrer must be granted if the indictment fails to either (1) recite the language of the statute that sets out all the elements of the offense charged or (2) allege the facts necessary to establish … government of the United States, any other state, or any foreign state which he or she is by the laws of the State of Georgia prohibited from holding; (5) Swear that he or she is otherwise qualified

Don R. Sanders and Susan Sanders v. City of Grapevine, Texas, William D. Tate, C. Shane Wilbanks, Sharron Spencer, Clydene Johnson, Darlene Freed, Ted Ware, Roy Stewart, and Roger Nelson

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 1, 2007

They contend that the statute = s language clearly waives immunity and makes a city liable for the damages arising from the city = s exercise of its now statutorily defined governmental functions. … Further, as to the negligence causes of action, the City contends that appellants failed to assert a claim within a city = s limited waiver of immunity established by section 101.021 of the TTCA. Id. ' 101.021.

Diederich v. Nyack Hospital

49 A.D.3d 491 · Appellate Division of the Supreme Court of the State of New York · Mar 4, 2008

Similarly, as there is a triable issue of fact as to whether Officer McNeill acted with probable cause in arresting the plaintiff, the Supreme Court properly denied summary judgment on the issue of qualified immunity (see … In order to recover damages for malicious prosecution, a plaintiff must establish four elements: that a criminal proceeding was commenced, that it was terminated in favor of the accused, that it lacked probable cause, and

Bank of Am. v. Miller

2016 Ohio 7017 · Ohio Court of Appeals · Sep 23, 2016

Norwalk, 192 Ohio App.3d 331, 2011- Ohio-548, 949 N.E.2d 63 (6th Dist.) regarding the restoration of immunity. … In order to restore immunity under R.C. 2744.03(A)(5) must the political subdivision establish with admissible evidence that discretionary decisions were rendered?

State v. Howe

2 Neb. Ct. App. 766 · Nebraska Court of Appeals · Mar 29, 1994

resemble formal immunity. … We cannot say that the district court’s findings are clearly wrong.

Riley v. Riley

340 S.W.3d 334 · Missouri Court of Appeals · Apr 26, 2011

E.D.2009) (stating a plaintiffs petition can establish a defendant’s affirmative defense and support dismissal of plaintiffs claim). … Witnesses are only immune from liability, as a matter of law, with regard to pertinent statements made during a judicial proceeding. Wunsch, 92 S.W.3d at 156 .

Andrade v. The City of Kankakee

2023 IL App (3d) 230035-U · Appellate Court of Illinois · Oct 4, 2023

2-202 qualified immunity, plaintiffs sought leave to amend … qualified immunity in every instance.

Neil Friedman v. Lynn W. Brown

Court of Appeals of Tennessee · May 14, 2003

The doctrine of judicial immunity was established in modern American law in Bradley v. Fisher, 80 U.S. (1872), and followed in Tennessee in Webb v. Fisher, 72 S.W. 110 (Tenn. 1902). … In Stump, the Supreme Court established a two-part test for determining whether a judge enjoys immunity from money damages under section 1983.

the County of Hidalgo v. Amalia Capetillo

Texas Court of Appeals, 13th District · Aug 23, 2001

Governmental immunity is waived if liability can be established under the limited circumstances specified in the Texas Tort Claims Act (the Act). City of Denton v. … As such, we cannot determine whether their pleadings failed to allege facts that would establish waiver of the County's sovereign immunity.

Matter of Cm

578 N.W.2d 391 · Court of Appeals of Minnesota · Jun 2, 1998

Here, the police publicly distributed a notice that clearly suggested that relator had been convicted of sexually assaulting C.B., when in fact he had not been. … Fischley, 557 N.W.2d 328, 332-33 (Minn.1997) (noting that immunities are meant to immunize the government against suit rather than merely against liability).

State of Texas and Texas Department of Transportation v. George Lueck

Texas Court of Appeals, 3rd District (Austin) · Aug 18, 2006

Sovereign immunity is waived only when the legislature has clearly and unambiguously expressed that intent. See Tex. Gov't Code Ann. § 311.034 (West Supp. 2005); Texas Dep't of Transp. v. … ("We believe the first sentence of section 554.0035 . . . clearly waive[s] immunity from suit , while the second sentence of section 554.0035, by its terms, waives immunity from liability .") (emphasis in original).

Scott v. Waits

306 Ga. App. 860 · Court of Appeals of Georgia · Nov 18, 2010

The doctrine of official immunity, also known as qualified immunity, provides “that although a public officer or employee may be held personally liable for his negligent ministerial acts, he may not be held liable for his … The testimony of Cole, the former school resource officer, that “in her opinion” Scott was required to make daily inspections of the gate, is insufficient to establish that Scott’s employer informed him of “clear, definite

Chamlee v. Henry County Bd. of Educ.

236 Ga. App. 183 · Court of Appeals of Georgia · Jul 16, 1999

A review of the depositions of the principal and the assistant principal shows that the Chamlees completely failed to establish that any of the three so-called policies applied to the situation where a shop teacher might … Glynn County, 269 Ga. 503 , 501 S.E.2d 196 (1998), the Supreme Court again used the phrase to explain that the claim was not covered by the qualifying policy because the claim had nothing to do with ownership, maintenance

People v. DeFord

59 Ill. App. 3d 942 · Appellate Court of Illinois · May 17, 1978

At trial, after first establishing the facts of the burglary, tracking and arrest, the State asked the court to call defendant’s brother as a court’s witness. … The range of the witness’ story concerning his involvement in the burglary, from complete denial to being present at the scene but not involved to actual commission of the crime, clearly supports the State’s reluctance to

Maha Mansoor v. University of Texas at Austin

Texas Court of Appeals, 3rd District (Austin) · Jul 23, 2025

“[W]e review de novo whether a plaintiff has alleged or offered undisputed evidence of facts that establish jurisdiction.” Villarreal, 620 S.W.3d at 905. … The administrative-disposition form that was provided to Mansoor before she received a zero clearly outlines the charges against Mansoor and the evidence the governing body considered.

Smith v. Airbnb, Inc.

316 Or. App. 378 · Court of Appeals of Oregon · Dec 15, 2021

Airbnb moved for summary judgment, arguing, among other points, that under CDA 230, “Airbnb cannot be held liable for the content, or lack of content, on defendant Dennis’s listing, as a matter of established law.” … service qualifying for CDA immunity is an online messag- ing board (or bulletin board) on which Internet subscribers post comments and respond to comments posted by others.” Dyroff v.