Case law

City of Fort Worth v. Robles

51 S.W.3d 436 · Court of Appeals of Texas · Jul 12, 2001

Therefore, subsection (a)(1) clearly applies to the initial placement of traffic signs. Id. … It is well established that 42 U.S.C. section 1983 does not itself create substantive rights; it merely provides a remedy for federal rights established elsewhere. City of Oklahoma City v.

City of Philadelphia v. Delaware County Board of Assessment Appeals

691 A.2d 992 · Commonwealth Court of Pennsylvania · Feb 28, 1997

from taxation under the doctrine of intergovernmental immunity. … Clearly, a building which has the purpose of facditating the regional distribution of the mad away from the Airport is not a general service budding that would qualify for taxation under the terms of Paragraph 8 of the Agreement

Walls Regional Hospital v. Altaras

903 S.W.2d 36 · Texas Court of Appeals, 10th District (Waco) · Dec 30, 1994

That act is clearly not applicable here because Walls Regional Hospital is not a state agency. See Tex.Gov’t Code Ann. § 2001.003(7). … Voluntary participation is encouraged by the grant of immunity against damage claims.

Williams v. Barrick, 08ap-133 (9-11-2008)

2008 Ohio 4592 · Ohio Court of Appeals · Sep 11, 2008

No. 76054 ("[I]t is clear that a guardian ad litem enjoys absolute, rather than merely qualified, immunity in his role as a court-appointed functionary charged with representing the interests of minor children in the judicial … Williams alleged no facts establishing that he had a disability, that Barrick denied him the full and equal enjoyment of a place of public accommodation, or that Barrick owned, leased, or operated a place of public accommodation

Williams v. Kenney

379 N.J. Super. 118 · New Jersey Superior Court Appellate Division · Jul 8, 2005

With respect to the transcript of the telephone conversation, the judge noted plaintiff contended only that defendants failed to establish the object they sought to achieve had any logical relation to the Tarver litigation … Rather, the subject of the letter was clearly Tarver's lawsuit against the State.

Palowsky v. Campbell

249 So. 3d 945 · Louisiana Court of Appeal · Apr 11, 2018

The Supreme Court more recently observed that "[f]ew doctrines were more solidly established at common law than the immunity of judges from liability for damages for acts committed within their judicial jurisdiction." … Therefore, a law clerk who is clearly assisting the judge in carrying out judicial functions is covered by the doctrine of absolute immunity. Id. See also Mitchell v. McBryde, 944 F.2d 229 , 230 (5th Cir. 1991).

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.

Slaughter v. State ex rel. Harrell

245 So. 2d 126 · District Court of Appeal of Florida · Feb 12, 1971

It is available to enforce a legal right that has already been clearly established, but not to establish a legal right. … Since he elected the remedy, he is bound by the narrow relief offered therein under long established legal principles.

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.

University of Texas Rio Grande Valley v. Alfredo Castillo

Texas Court of Appeals, 13th District · Nov 9, 2023

Governmental entities in Texas generally enjoy immunity from suit unless the Legislature has expressly waived their immunity by statute. Tex. Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 853 (Tex. 2002). … Racial Discrimination To establish a prima facie case of employment discrimination, Castillo must show that he: (1) is a member of a protected class, (2) was qualified for his position, (3) was subject to an adverse

Magre v. Charles

729 So. 2d 440 · District Court of Appeal of Florida · Mar 5, 1999

Charles failed to conclusively establish that his December 27th letter was a statement of pure opinion and hence not actionable. … Since the defamatory statement was protected by a qualified privilege, the burden shifted to Dr. Magre to establish that the privilege was lost through malice or improper purpose. Nodar; Randolph.

City of Deer Park v. Jose Ibarra, Emilio Vargas Mario Torres Jose Lemus Roberto Delgado Santiago Bravo Carlos Vasquez Hugo Martinez Saul Balseca Vicente Martinez And Luis Ibarra

Texas Court of Appeals, 1st District (Houston) · Aug 25, 2011

Thus, even if the City were not immune from suit for breach of a contract whose subject lies within its proprietary functions, the [plaintiffs’] contract does not qualify” because the legislature had already determined that … However, nothing in Chapter 2258 indicates the legislature’s intent to clearly and unambiguously waive the City’s immunity from such a suit.

Smith v. Cortes

879 A.2d 382 · Commonwealth Court of Pennsylvania · Jul 19, 2005

Sovereign immunity arises under 1 Pa. … and official immunity and remain immune from suit except as the General Assembly shall specifically waive the immunity.

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.

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).

M. Ali v. Unknown CERT Team Members & PA DOC

Commonwealth Court of Pennsylvania · May 23, 2025

Establishing a limited list of exceptions to immunity, the General Assembly adopted [the Act]. Section 8522 of the . . . … With respect to sovereign immunity, the trial court sustained Defendants’ PO, explaining: In the instant action, the C[]E[]R[]T[’s] [] search of [Ali]’s cell clearly falls within the scope of

Belinda Lasalle v. Honorable Chelsey R. Napoleon, in Her Official Capacity as Clerk of Court for the Civil District Court for the Parish of Orleans

Louisiana Court of Appeal · Nov 4, 2025

R.S. 11:15131, the Clerks’ Retirement Fund had established 1 La. … The testimony at trial established that Ms.

State v. Watson

7 Ariz. App. 81 · Court of Appeals of Arizona · Dec 29, 1967

However, we see no intent in this statute to grant an immunity to the State. While we recognize the power of the State to grant immunity to itself or its subdivisions as to tort liability, Turner v. … We would speculate that even the majority of the court in Washington would regard the posting of proper warning devices at a narrow bridge to be “ministerial,” and not within the immunity established by this decision.

Donald Brooks v. William J. Laurie and Crown Center Farms, Inc.

Missouri Court of Appeals · Nov 22, 2022

extends the workers’ compensation obligations (and civil immunity protections) to ‘statutory employers.’” … However, the immunity asserted was contingent on Crown Center Farms being Brooks’s statutory employer.

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.