Case law

Knight v. Neodesha Police Department

5 Kan. App. 2d 472 · Court of Appeals of Kansas · Oct 10, 1980

Dismissal is justified only when the allegations of the petition clearly demonstrate plaintiff does not have a claim. … Intentional publication of stories known to be false constitutes malice and defeats any qualified privilege the newspaper may have possessed. Dobbyn v. Nelson, 2 Kan.

The City of Houston v. Nikolette Ledesma and Elsa Estrada

Texas Court of Appeals, 1st District (Houston) · Aug 29, 2023

We conclude that the City has 13 not established that our prior decision was clearly erroneous on the ground that it violated vertical stare decisis. … We conclude that the City has not established that our prior decision was clearly erroneous. Accordingly, we decline to exercise our discretion to reconsider the City’s issues on appeal.

Berman v. City of Daly City

21 Cal. App. 4th 276 · California Court of Appeal · Dec 22, 1993

That court was convinced that “policies must clearly and with specificity set forth standards to guide officers in the field. … A review of these rulings by other circuits, however, leaves us convinced that the facts as alleged by Berman fail to establish a section 1983 cause of action in violation of the Fourteenth Amendment.

Katsaris v. Cook

180 Cal. App. 3d 256 · California Court of Appeal · Apr 24, 1986

Section 31103 grants livestock owners immunity from both civil and criminal liability. … Thus, the privilege is both immunity from crim *266 inal actions brought in the name of the people and immunity from claims brought by individual dog owners.

Bradley A. McElroy, Sr. v. City of Brandon, Mississippi

198 So. 3d 373 · Court of Appeals of Mississippi · Dec 15, 2015

“This exemption, like that of qualified or absolute immunity, is an entitlement not to stand trial rather than a mere defense 8 to liability and, therefore, should be resolved … With regard to the present case, we find that the precedent established in Estate of Williams controls the application of the law to the facts and bars any recovery from the City by McElroy’s beneficiaries. ¶21.

Sult v. O'BRIEN

15 Ariz. App. 384 · Court of Appeals of Arizona · Sep 20, 1971

A school district having an average daily attendance of not less than two hundred pupils and an assessed valuation of not less than two million dollars, may, by a majority vote of the qualified school electors thereof, establish … The maxim that equity follows the law is strictly applicable whenever the rights of the parties are clearly defined and established by statutory provisions. Cloeter v.

FAUQUIER CO. DEPT. SOC. SERV. v. Robinson

20 Va. App. 142 · Court of Appeals of Virginia · Apr 4, 1995

The local teams established by the CSA are not state agencies subject to VAPA requirements and, thus, qualify for the local authorities exemption under Code § 9-6.14:4.1(A)(5). … In this case, the evidence clearly supports the trial judge's placement of the child in a residential treatment facility.

Nello L. Teer Co. v. North Carolina Department of Transportation

175 N.C. App. 705 · Court of Appeals of North Carolina · Feb 7, 2006

As our Supreme Court has explained, “[ordinary statutes of limitation are clearly procedural, affecting only the remedy directly and not the right to recover,” while “a condition precedent establishes a time period in which … Any other conclusion would mean that this aspect of the 1987 amendment was without purpose, and it is well established in this State that amendments are presumed not to be without purpose. Town of Pine Knoll Shores v.

Texas Department of Public Safety v. Leroy Torres

Texas Court of Appeals, 15th District · May 7, 2026

Supreme Court ultimately held no state may assert sovereign immunity to a USERRA lawsuit in state court. Torres v. Texas Dep’t of Pub. … An employee is not required to prove discrimination to establish a reemployment claim under Sections 4312 and 4313. 20 C.F.R. § 1002.33; Petty v. Metro.

Medina v. State

2000 Colo. J. C.A.R. 4419 · Colorado Court of Appeals · Jul 20, 2000

Under C.R.C.P. 12(b)(1), the trial court's findings as to jurisdictional facts are entitled to deference and can be set aside only if clearly erroneous. … For the purposes of this subsection (1), a dangerous condition should have been known to exist if it is established that the condition had existed for such a period of time and was of such a nature that, in the exercise of

City of Houston, Texas v. Houston Professional Fire Fighters' Association, Local 341

Texas Court of Appeals, 14th District (Houston) · May 6, 2021

It must be an interpretation which expresses only the will of the makers of the law, not forced nor strained, but simply such as the words of the law in their plain sense fairly sanction and will clearly sustain.”) … Id. 15 the Association was not required to present evidence of collective bargaining based on private sector labor standards to establish a waiver of governmental immunity

Peters v. Herrin Community School District No. 4

401 Ill. App. 3d 356 · Appellate Court of Illinois · May 19, 2010

In the instant case, plaintiff pleaded sufficient facts to establish a duty under section 3 — 102(a) for the School District to protect Gene Peters. … The complaint alleged that the court was in a dangerous condition because it contained trenches that were clearly visible, that the defendant knew or should have known of this condition and that it would cause injury, and

City of Frankfort v. Byrns

817 S.W.2d 462 · Court of Appeals of Kentucky · Oct 25, 1991

On appeal, the principal issues are whether the trial court clearly erred in (1) not directing a verdict for the appellant in that all its actions were discretionary and thus, clothed with immunity, KRS 65.2001(2); KRS 65.2003 … As a result of this flooding, the city established a moratorium on new home construction in the area, which included the Westgate Subdivision.

Com. v. Lehman, R.

278 A.3d 321 · Superior Court of Pennsylvania · Jun 23, 2022

However, we affirmed Lehman’s judgment of sentence, holding that the Act did not afford him immunity because the crime of possession of contraband by an inmate was not an enumerated offense. See Commonwealth v. … As a community corrections center, Renewal indisputably qualifies as a correctional institution. See 61 Pa.C.S. § 5001.

Popolizio v. County of Schenectady

49 A.D.3d 1117 · Appellate Division of the Supreme Court of the State of New York · Mar 27, 2008

Furthermore, defendant did not sufficiently demonstrate that it engaged in a deliberate decision-making process concerning the subject road and, therefore, failed to demonstrate its entitlement to summary judgment on the basis of qualified … immunity (see Friedman v State of New York, 67 NY2d 271, 283 [1986]; Winney v County of Saratoga, 8 AD3d 944, 945 [2004]; Merchant v Town of Halfmoon, supra).

Clay v. Scott

883 S.W.2d 573 · Missouri Court of Appeals · Sep 20, 1994

The amount and type of personal property an offender housed in a department facility may possess shall be established by policy. … (Our emphasis) “Policy-making entails developing a means to an end, and necessarily involves discretionary functions clearly within the scope of official immunity.” Scher v.

State v. Riggins

Court of Appeals of Kansas · Sep 12, 2025

The only firm time limit Jones established was: "A defendant who waits to invoke [statutory] immunity until appeal after conviction simply waits too long." 298 Kan. at 334. … Riggins timely raised his self-defense immunity claim below, which placed the burden on the State to establish his use of force was unjustified. See K.S.A. 21-5231(b), (c).

Bruner v. Josephine County

240 Or. App. 276 · Court of Appeals of Oregon · Dec 29, 2010

See Friends of Yamhill County, 237 Or App at 177-78 (explaining the relevant factors used to establish a “common law vested right” under section 5(3) of Measure 49). … Whether zoning permissions have ripened to a degree sufficient to immunize the use from regulatory controls is tested by the “common law vested right” doctrine referenced in section 5(3) of Measure 49.

Cannabis Action Coalition v. City of Kent

180 Wash. App. 455 · Court of Appeals of Washington · Mar 31, 2014

E2SSB 5073, § 102. ¶7 As drafted by the legislature, E2SSB 5073 established a state-run registry system for qualified patients and providers. … affirmative defenses for a qualifying patient or designated provider who is- not registered with the registry established in section 901.

Matter of Clara Welch Thanksgiving Home v. Board of Assessment Review for the Town of Otsego, County of Otsego, State of New York

123 A.D.3d 1313 · Appellate Division of the Supreme Court of the State of New York · Dec 18, 2014

the taxpayer satisfies this threshold burden, the presumption disappears and the court must weigh the entire record, including evidence of claimed deficiencies in the assessment, to determine whether [the] petitioner has established … Neither approach was immune to criticism. As petitioner's expert acknowledged in his written report, "the income approach bases value on the income a property is capable of producing.