Case law

Hancock v. Ashenhurst, Unpublished Decision (6-24-2004)

2004 Ohio 3319 · Ohio Court of Appeals · Jun 24, 2004

No. 00AP-689. {¶ 26} The standard for qualified immunity is one of objective reasonableness. Id. … of clearly established law and the information that he possessed.

Constable Jack F. Abercia and Old Republic Surety Company/Kingvision Pay-Per-View, Ltd. v. Kingvision Pay-Per-View, Ltd./Constable Jack F. Abercia and Old Republic Surety Company

Texas Court of Appeals, 8th District (El Paso) · Feb 15, 2007

Judicial immunity for officers executing writs, however, is qualified by Section 7.003, which requires good faith and reasonable diligence in the execution. See Merritt , 775 S.W.2d at 23 ; Freeman v. … We conclude Appellants failed to establish their affirmative defense of immunity as a matter of law. Issue Five is overruled.

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

Resource Management Co. v. Huggins

25 Mass. L. Rptr. 337 · Massachusetts Superior Court · Jul 16, 2008

If a clerk is not carrying out a judge’s directive, the clerk is entitled only to qualified immunity. … Qualified Immunity In the alternative, Huggins argues that RMC’s claims are barred by the Massachusetts Tort Claims Act, G.L.c. 258, §2.

Henderson v. Euclid

2015 Ohio 15 · Ohio Court of Appeals · Jan 8, 2015

The defendants additionally argued that the officers acted within their qualified and statutory immunity because they did not fabricate or ignore evidence and, in undertaking their investigation, they considered: … is established, the second tier of the analysis asks whether any of the five exceptions to immunity set forth in R.C. 2744.02(B) apply.

Fascian v. Bratz

96 Ill. App. 3d 367 · Appellate Court of Illinois · May 21, 1981

Kroger had a qualified right to make appropriate internal checks concerning the job conduct of its employees. A conditional privilege is lost when defendants abuse the immunity the law affords them. … Since plaintiffs failed to establish that either individual acted in bad faith or with improper motives, no malice existed on defendants’ part. (Myers v. Sponholtz (1973), 11 Ill. App. 3d 560, 569 .)

Green v. Brooks

125 Md. App. 349 · Court of Special Appeals of Maryland · Mar 2, 1999

Immunity With regard to immunity, appellant contends that “it is for a jury to decide whether the failure to act in this situation ... equates to 'actual malice’ thereby waiving the [officers’] qualified immunity protection … The officers assert “qualified immunity” pursuant to C.J. § 5-321(b)(l).

Lanphier v. Gilster-Mary Lee Corp.

327 Ill. App. 3d 801 · Appellate Court of Illinois · Feb 21, 2002

Once a borrowed employment relationship exists, both employers share immunity for tort damages for an employee’s work-related injuries and the employee’s exclusive remedy is under the Act. … The court determined that the purpose of defining “loaning employer” in the Workers’ Compensation Act was to establish the secondary liability of the loaning employer and to reheve the employee from having to establish the

Texas Department of Criminal Justice v. Bibiana Flores

555 S.W.3d 656 · Texas Court of Appeals, 8th District (El Paso) · Jun 22, 2018

PLEAS TO THE JURISDICTION UNDER THE LABOR CODE Sovereign immunity protects state agencies from lawsuits unless the Legislature waives the immunity. Tex. Parks & Wildlife Dep’t v. … To establish a prima facie case of disability discrimination, a plaintiff must show that: (1) she has a “disability;” (2) she is “qualified” for the job; and (3) she suffered an adverse employment decision because of that

Lex Associates v. State

35 Conn. Super. Ct. 180 · Connecticut Superior Court · Oct 5, 1978

It is the established law of this state that the state is immune from suit unless the state, by appropriate legislation, consents to be sued. Baker v. Ives, 162 Conn. 295 ; Donnelly v. Ives, 159 Conn. 163 ; Murphy v. … Wood, 167 Conn. 334, 346 . *183 The present case clearly shows that the economic utilization of the land, as well as the value, use and enjoyment of the land, is, as is evidenced by the lease, a source of revenue for the

Jeff Charles Hammer, M.D. v. D.S., Crystal Senecal

67 Va. App. 388 · Court of Appeals of Virginia · Feb 28, 2017

“The Act also affords potential tort defendants . . . an absolute immunity to civil malpractice liability for these injuries” if they contribute to a compensation fund. Id. … Accordingly, the panel opined that the case did not qualify for inclusion under the provisions of the Act.

City of Albany v. Stanford

815 S.E.2d 322 · Court of Appeals of Georgia · Jun 26, 2018

Plaintiffs allege that as a result of the dangerous conditions at Brick City, of which the City was aware, LeSheldon Stanford was shot and killed by another individual outside the establishment. … App. 1 , 10 S.E.2d 201 (1940) (maintaining a waterworks qualified as a quasi-public business and was therefore a ministerial function); City Council of Augusta v.

Cabral v. Martins

177 Cal. App. 4th 471 · California Court of Appeal · Aug 21, 2009

Case law establishes that communications that are intimately intertwined with, and preparatory to, the filing of judicial proceedings qualify as petitioning activity for the purpose of the anti-SLAPP statute. … burden of establishing a probability that she will prevail on her cause of action against them.

Zeifman v. Nowlin

322 S.W.3d 804 · Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

There are certain exceptions to this immunity. … Once Nowlin conclusively established as an affirmative defense that she was entitled to the statutory immunity afforded an amicus attorney, the burden of production shifted to Zeifman to present evidence sufficient to create

Odum v. Harn

829 S.E.2d 818 · Court of Appeals of Georgia · Jun 19, 2019

The Court explained: Even in the context of functions that are typically discretionary, a written (or unwritten) policy, a supervisor's specific directive, or a statute may establish a ministerial duty - but only if the directives … As we said in Eshleman , "even when an officer clearly owes a duty of care and is absolutely required to do something , unless she has been commanded - by law or by the policy or directive of her employer - to do a particular

Greg Anthony Barrera III v. the State of Texas

Texas Court of Appeals, 11th District (Eastland) · Jul 3, 2025

As previously established, the existence of a deferred adjudication status is not enough to establish bias. See id. … —Houston [14th Dist.] 2020, pet. ref’d) (witness given use immunity was not an accomplice as a matter of law as a result of such immunity); Jester v. State, 62 S.W.3d 851, 855 (Tex. App.

Carlton v. Department of Corrections

215 Mich. App. 490 · Michigan Court of Appeals · Apr 29, 1996

However, the only fact that was clearly established by all the testimony was that if the dps building had been up-to-date and had used state-of-the-art technology, [the decedent’s] suicide may have been detected earlier and … Like Hickey, supra, our review of the testimony, as well as the trial court’s findings, indicates that the only fact that was clearly established was that if each cell in unit 2 had been equipped with a smoke detector, the

Helm v. City of Los Angeles

California Court of Appeal · May 14, 2024

City of Piedmont (2006) 143 Cal.App.4th 1074, 1084 (Amberger-Warren) [“It is well-established that the immunity covers negligent maintenance of a trail”]; Treweek v. … Moreover, he described the pathway as having “a more pronounced kind of trail outline that [he] could see where it had been utilized,” and he explained the path “was more clearly defined, not overgrown with weeds and didn

Strauss v. State

131 N.J. Super. 571 · New Jersey Superior Court Appellate Division · Nov 20, 1974

A writ of habeas corpus was granted by United States District Court Judge Shaw on November 16, 1971 on the grounds that informer Corrolla, an active participant in establishing an atmosphere of confidence both prior to and … Clearly, the cause of action in Maule did not involve the exception to N.J.S.A. 52:4A-1.

Francisca Okonkwo, Administrative Law Judge, Texas Department of Insurance, Division of Workers' Compensation, in Her Official Capacity and Fort Bend County v. Joshua David Heiliger, Individually, and on Behalf of the Estate of Lauren Brittane Smith, and on Behalf of Death Benefits Beneficiaries Joshua David Heiliger and Emma Destiny Heiliger

Texas Court of Appeals, 15th District · Jun 13, 2025

facts giving rise to an actual violation to qualify for the statutory waiver of immunity. … Okonkwo’s Sovereign Immunity and other immunities. This leaves Ms. Okonkwo’s Sovereign Immunity (and her other immunities) undefeated and intact, establishing that the Court lacks jurisdiction.