Case law

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).

In Re Larry K.

127 N.M. 461 · New Mexico Court of Appeals · May 18, 1999

In Carrillo, our Supreme Court utilized the writ to address whether the defendants were entitled to qualified immunity. See id., 114 N.M. at 609-10 , 845 P.2d at 132-33 . … The cases cited in Carrillo for their application of the doctrine primarily address orders regarding absolute or qualified immunity, dismissals, stays, and addition or removal of parties, as well as orders directing payment

Stead v. Swanner

52 So. 3d 1149 · Louisiana Court of Appeal · Dec 28, 2010

We do not construe the allegation in the petition as an admission establishing the percentage of fault. … Under these circumstances, summary judgment is clearly improper. Swanner urges that Stewart v. Daiquiri Affair, Inc. 5 is directly on point.

Giannitti v. City of Stamford

25 Conn. App. 67 · Connecticut Appellate Court · Jun 18, 1991

This must be accomplished in a manner that does not subject either party to injustice under established principles of law. Ellice v. INA Life Ins. … Where the language used by the legislature is clear and unambiguous, we are not at liberty to read into a statute, by construction, a provision that is not clearly stated. Essex Leasing, Inc. v.

SG v. City of Monroe

843 So. 2d 657 · Louisiana Court of Appeal · Apr 11, 2003

The defendant now seeks immunity for negligence from this suit brought by the plaintiff, who was subsequently arrested. Finding that the immunity under La. C. … Likewise, the facts established by the preliminary examination testimony of the child's mother were either replicated in Dr.

Daughton v. Maryland Automobile Insurance Fund

198 Md. App. 524 · Court of Special Appeals of Maryland · Apr 28, 2011

Motor Vehicle Administration, 302 Md. 634 , 490 A.2d 694 (1985), established that MAIF is a State agency entitled to sovereign immunity when it acts as the successor to the UCJF, the court found that MAIF also serves a “Statewide … Sovereign Immunity In Katz v.

Cockrell Investment Partners, L.P. v. Middle Pecos Groundwater Conservation District, Ty Edwards, in His Capacity as General Manager of the Middle Pecos Groundwater Conservation District, Fort Stockton Holdings, L.P.

Texas Court of Appeals, 8th District (El Paso) · Jul 10, 2023

Governmental immunity and judicial review It is well established that sovereign immunity protects the State from lawsuits for money damages. Reata Construction Corp. v. … In short, Cockrell cannot establish a waiver of immunity.

CC of Baltimore Co. v. Patient First Corp.

219 Md. App. 69 · Court of Special Appeals of Maryland · Aug 29, 2014

McCoy was not identified, or qualified, as an expert, but the court allowed him to “express an opinion as to whether the bill [was] reasonable.” It asserts that Mr. … Cadle Co. of Ohio, Inc., 848 P.2d 1079, 1083-84 (1993) (General Counsel qualified to testify with respect to the reasonableness of attorneys’ fees).

Lilly v. MARCAL ROPE AND RIGGING INC.

289 Ill. App. 3d 1105 · Appellate Court of Illinois · Jul 14, 1997

immune from suit in tort by its employees. … Since the relative culpabilities of the multiple defendants were rarely so clearly delineated, indemnification was not really a satisfactory tool.

Marra v. Bank of New York

310 S.W.3d 329 · Court of Appeals of Tennessee · Aug 26, 2009

As a judicial officer, he is immune from suit.” … The trial court did not, as the Appellants suggest, hold that Lewis’s immunity rendered the fee incontestible. The trial court clearly recognized that “[i]t is the amount of the fees awarded to Mr. Lewis that Mr.

Broussard v. Dept. of Transp. & Dev.

539 So. 2d 824 · Louisiana Court of Appeal · Feb 8, 1989

With the building of the bridge, those establishments closed and no retail businesses remain. … If the term "undeveloped" as used in Ratcliff refers to any residential development, then clearly there is none.

Hernandez v. Kirksey

306 Ill. App. 3d 912 · Appellate Court of Illinois · Jul 19, 1999

Section 4-102 of the Tort Immunity Act provides in pertinent part: "Neither a local public entity nor a public employee is liable for failure to establish a police department or otherwise provide police protection service … City of Chicago, 238 Ill.App.3d 639, 642 , 179 Ill.Dec. 441 , 606 N.E.2d 273 (1992) ("reviewing court is entitled to have issues clearly defined with pertinent authority cited and cohesive arguments presented.")

Kevin Rankin v. City of Highland Park

Michigan Court of Appeals · Feb 24, 2015

Specifically, “[t]he doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … objectively unreasonable action in light of a clearly established constitutional right.

Belt v. Ritter

18 Mich. App. 495 · Michigan Court of Appeals · Mar 31, 1970

Defendants necessarily swore to both of these elements in order to establish a prima facie offense. … their judicial acts, and this_ is well-established in Michigan.

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Texas Court of Appeals, 3rd District (Austin) · Mar 6, 2020

Fifth issue: McLane’s entitlement to qualified immunity In his fifth issue, Matzen contends that McLane was not entitled to qualified immunity as to his claims alleging that she was: (1) not performing discretionary … (noting that official immunity is also referred to as qualified immunity). Qualified immunity is not at issue when a government employee is sued only in employee’s official capacity.

Poe v. Univ. of Cincinnati

2013 Ohio 5451 · Ohio Court of Appeals · Dec 12, 2013

Univ. of Cincinnati, 111 Ohio St.3d 541, 2006-Ohio-6208, ¶ 25. {¶7} R.C. 2743.02(F) establishes the procedure for determining the immunity R.C. 9.86 grants, stating "[a] civil action against an officer or employee … Canady accepted input from UC on matters related to the residency program, the record clearly shows Dr.

Williams v. City of Independence

931 S.W.2d 894 · Missouri Court of Appeals · Sep 10, 1996

Nonetheless, such immunity from liability for injuries caused by the condition of public property is expressly waived if the plaintiff establishes that: the property was in dangerous condition at the time of injury, that … We refuse to find that crossing the center line, travelling through the opposite lane of traffic, and driving across several private lawns before hitting a headwall eight feet off of the roadway qualifies as a “slight deviation

Reed v. Jones

81 N.M. 481 · New Mexico Court of Appeals · Apr 17, 1970

The burden is on the taxpayer to establish clearly his right to the deduction and the intention to authorize the deduction claimed by the taxpayer must be clearly and unambiguously expressed in the statute. … The taxpayer has not clearly established his right to the deduction because the statute does not clearly and unambiguously authorize the deduction being claimed under the facts of this case.

The State of Texas v. Nonparty Patient No. 1, Nonparty Patient No. 2, Nonparty Patient No. 3, Nonparty Patient No. 4, Nonparty Patient No. 5, Nonparty Patient No. 6, Nonparty Patient No. 7, and Nonparty Patient No. 8, Nonparty Patient No. 9, Nonparty Patient No. 10, and Nonparty Patient No. 11

Texas Court of Appeals, 15th District · May 5, 2025

, and the courts must discern whether the Legislature has clearly waived immunity. … Even still, if sovereign immunity extended to the Dallas County proceeding as a matter of common law, the Legislature clearly and unambiguously waived it.

Donald v. Carr

407 S.W.2d 288 · Court of Appeals of Texas · Jul 29, 1966

In this proceeding it has not been established beyond dispute (1) that Relators are qualified voters; (2) that they voted in the Republican Primary of May 7, 1966; (3) that they wrote in the titles of offices, not printed … Under Articles 1823 and 1824, V.A.C.S., as well as Article 1735a, we have authority to issue writs of mandamus, but it is well established that we do not have such authority unless the facts are established beyond dispute