Case law

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.

McCarty v. State

69 O.B.A.J. 3886 · Court of Criminal Appeals of Oklahoma · Nov 6, 1998

This fact *1135 clearly distinguishes the holdings in Barnett and Hawkins. … In Scribner, 132 P. at 941 , we discussed the importance of truthfulness: "Now, if this Court establishes the doctrine that a witness cannot gain immunity unless he testifies to the truth, and nothing but the truth, and makes

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.

People v. Hull

California Court of Appeal · Jan 31, 2019

against a grant of immunity because the defense failed to show that the testimony it hoped to gain was clearly exculpatory and essential and for the additional reason that defendant did not clearly assert that the prosecutor … We have already summarized the overwhelming evidence establishing defendant’s guilt in our discussion of defendant’s immunity argument.

Montaño v. Frezza

8 N.M. Ct. App. 161 · New Mexico Court of Appeals · Jun 19, 2015

The answer to this question is clearly “no” because, as we discuss in more detail below, contrary to the TTCA, the NMTCA permits suits against government employees. … In addition, as we explain below, the TTCA’s strict occurrence-based notice of claim provision would clearly preclude Ms.

Morton v. Gardner

513 So. 2d 725 · District Court of Appeal of Florida · Sep 29, 1987

The Mortons contend that the judgment in their favor in the forfeiture proceeding establishes that the seizure and the subsequent detention of their vessel were unlawful and entitles them to recover damages in a tort action … probable cause, instructed the jury: "If the greater weight of the evidence discloses that the State had probable cause to seize the vessel and had the right to institute forfeiture proceedings, the State is entitled to qualified

Sindorf v. Jacron Sales Co.

27 Md. App. 53 · Court of Special Appeals of Maryland · Jun 25, 1975

The transcript of the trial clearly shows that the parties considered the Virginia corporation to be the actual defendant. … “If it has relatively less weight from a social point of view, the immunity may be qualified, and conditional upon good motives and reasonable behavior.

Houston Belt & Terminal Railway Co. v. City of Houston

424 S.W.3d 663 · Court of Appeals of Texas · Jan 23, 2014

The drainage fee ordinance provides that the director “shall establish and implement a system of verification and correction of drainage charges for each property subject to the drainage charges.” Id. § 47-824(a). … They note the Railroads do not claim that any of their properties otherwise qualifies for any exemption under the ordinance.

R.H. v. State

777 P.2d 204 · Court of Appeals of Alaska · Jul 7, 1989

Nothing in Ramona R. establishes the adequacy of use immunity in the context of an involuntary psychiatric evaluation. . R.H. has raised two additional issues that require only brief consideration. … However, the established procedure for waiver of children’s court jurisdiction clearly contemplates a hearing that is roughly contemporaneous with the filing of the waiver petition and that is based on the best evidence then

State v. Decker

68 Wash. App. 246 · Court of Appeals of Washington · Dec 31, 1992

Escoto , at 7 (quoting RCW 13.40.140(8)). *250 Escoto clearly sanctions the use of presentencing psychological evaluations in noncapital juvenile cases. See Escoto, at 6-7. … We conclude that the law established by cases dealing with presentencing interviews should be applied to the present case.

State Farm Florida Insurance Co. v. Marascuillo

161 So. 3d 493 · District Court of Appeal of Florida · Jul 3, 2014

Bolen, 997 So.2d 1194, 1196 (Fla. 5th DCA 2008) (cer- *497 tiorari proceeding noting the “well-established” rule in Florida “that an insurer’s claims file constitutes work-product”); cf. Allstate Indemnity Co. v. … retains its qualified immunity after the original litigation terminates, regardless of whether or not the subsequent litigation is related”).

Linda Cloud v. Mike McKinney and Kathy Walt

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2006

Clark, 38 S.W.3d 578, 580 (Tex. 2000) (to qualify under official immunity, employee must have been (1) performing discretionary duties (2) that are within the scope of his authority (3) in good faith). … City of Mesquite, 830 S.W.2d 94, 100-01 n.2 (Tex. 1992) (Cornyn, J., concurring) (referring to various ways official immunity has been referred to, including governmental, quasi-judicial, and qualified).

Rosin v. Lidgerwood Manufacturing Co.

89 A.D. 245 · Appellate Division of the Supreme Court of the State of New York · Dec 15, 1903

This was clearly the view which was taken by the learned court in Veginan v. Morse ( 160 Mass. 143 ), cited in Johnson v. Roach ( 83 App. … rule often laid down by the courts that “ wheré a statute gives a right unknown to the common law, and limits the time within which an action shall be brought to assert it, the statutory limitation measures the extent and qualifies

City of Houston v. Houston Metro Security and James Fowler

Texas Court of Appeals, 1st District (Houston) · Mar 23, 2023

The City further argued that the TTCA does not clearly or unequivocally waive the City’s immunity for claims of negligence per se or negligent training or supervision, and the Act expressly excepts intentional torts such … Appellees have not established a waiver of sovereign immunity for their tortious interference with contract and conspiracy claims. 3.

Drake-Lassie v. State Farm Insurance Companies

129 Ohio App. 3d 781 · Ohio Court of Appeals · Sep 17, 1998

Ohio case law holds a forklift qualifies as a motor vehicle as defined by Ohio Revised Code 4501.01(B), and therefore plaintiff is entitled to uninsured motorist benefits for injuries caused by the negligence of an uninsured … The affidavit of Bichel clearly states that the forklift is not designed for construction work.

Wethington v. Mann

172 S.W.3d 146 · Texas Court of Appeals, 9th District (Beaumont) · Aug 11, 2005

ELEMENTS OF DEFENSE OF OFFICIAL IMMUNITY Official immunity is an affirmative defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994). … We-thington’s testimony from his deposition clearly shows he believed otherwise. The call Wethington received was from the Montgomery County Sheriff’s Office dispatcher.

The City of Lake Jackson v. Ricky Adaway

Texas Court of Appeals, 1st District (Houston) · May 23, 2023

When the plaintiff sues a governmental entity, that burden includes establishing a waiver of governmental immunity. See id. … not establish a valid waiver of immunity for their common-law tort claims of negligence, nuisance, and trespass against the City and District, the trial court lacked subject-matter jurisdiction over these claims.

River Fleets, Inc. v. Creech

36 S.W.3d 809 · Missouri Court of Appeals · Feb 13, 2001

Between November, 1991, and September, 1993, [River Fleets] paid $92,216.63 in surcharges imposed by § 319.132.1, RSMo Supp. 1991, for deposit into the underground storage tank insurance fund established by § 319.129, RSMo … Accordingly, in order to qualify as an action under § 536.050.1 and to be entitled to attorneys’ fees and costs under § 536.050.3, a case must involve a declaratory judgment addressing a challenge to either (1) the validity

Souder v. Cannon

235 S.W.3d 841 · Court of Appeals of Texas · Oct 4, 2007

Hurst clearly was irresponsible in the control that they had over the payments to Owen CC and was not responsive to the needs and issues of the subcontractors in the administration of said contracts. … The summary judgment evidence established that Weegar, Heindel, and Johnson all used discretion in approving Owen CC’s pay applications.

Payne v. City of Chicago

2014 IL App (1st) 123010 · Appellate Court of Illinois · Sep 25, 2014

Section 4-102 of the Act immunizes local public entities and public employees for failure to: (1) establish a police department; (2) otherwise provide police protection; or, if police protection is provided, … This means there is no separate claim stated in count II and that it only added the allegations of willful and wanton conduct to establish the exception from the City’s immunity.