Case law

Magro v. City of Vineland

148 N.J. Super. 34 · New Jersey Superior Court Appellate Division · Mar 9, 1977

The undisputed facts establish that the nature of the lands herein as rural, undeveloped and unimproved, and the use thereof by plaintiff for swimming qualify to bring into play the immunity granted by the statute, as construed … The statute grants immunity to a landowner under the facts herein — an immunity equally available to a public entity and a private individual or corporation. Affirmed.

Flores v. Danfelser

127 N.M. 571 · New Mexico Court of Appeals · Jun 4, 1999

Board of County Comm’rs, 1998-NMCA-090, ¶ 22 , 125 N.M. 445 , 963 P.2d 522 . {23} We further note that qualified immunity “is an immunity from suit rather than a mere defense to liability.” … Qualified immunity may be “effectively lost if a case is erroneously permitted to go to trial.” Id.

Givens v. King

576 So. 2d 1274 · Court of Civil Appeals of Alabama · Mar 7, 1990

We find that the enabling legislation clearly gives the board the authority to make and apply regulations regarding specialty or competency determinations. … Dale, 537 [530] So.2d 770 (Ala.1988); “(d) The Defendants are entitled to qualified immunity to the 42 U.S.C. § 1983 claims pursuant to Harlow v.

Violano v. Fernandez

88 Conn. App. 1 · Connecticut Appellate Court · Mar 15, 2005

any of the exceptions applicable to qualified governmental immunity for discretionary acts. … None of the exceptions to qualified governmental immunity apply to the facts alleged.

Malik Muntaqim, Adc No. 088633 v. James Gibson, Warden, Varner Unit, Arkansas Division of Correction

2024 Ark. App. 456 · Court of Appeals of Arkansas · Sep 25, 2024

in their individual are entitled to qualified immunity. … Under this analysis, a state official is entitled to qualified immunity unless the plaintiff has alleged facts that demonstrate (1) the deprivation of an actual constitutional right and (2) that the right was clearly established

Delatte v. Genovese

228 So. 2d 252 · Louisiana Court of Appeal · Nov 17, 1969

Defendant asserted the judicial immunity conferred by Louisiana Constitution Art. VII, Secs. 70, 71 and 72, and the qualified personal immunity provided pursuant to LSA-R.S. 33 .T555 and LSA-R.S. 28:52. … In Burns, defendant asserted absolute immunity under La.Const. Art. VII, Secs. 70, 71 and 72, and also claimed qualified or conditional immunity.

Allgoewer v. City of Tracy

207 Cal. App. 4th 755 · California Court of Appeal · Jul 5, 2012

a prima facie case.’ ” Defendants also argued that nonsuit should be granted to the officers based on qualified immunity because they “would not have been aware of a clearly established constitutional right at the time of … According to defendants, “[t]wo Ninth Circuit panels have concluded that the law regarding Tasers was not sufficiently established to warrant denying qualified immunity” and because “an officer in Officer Mejia’s position

Rossi v. City of Amsterdam

274 A.D.2d 874 · Appellate Division of the Supreme Court of the State of New York · Jul 27, 2000

While plaintiffs contend that additional discovery may grant them an opportunity to acquire information sufficient to challenge the validity of such qualified immunity, it is well settled that the applicability of this doctrine … immunity, that doctrine does not shield performance that either (a) was in violation of clearly established law, or (b) was plainly incompetent” (id., at 112).

COMMISSIONER JOE CAROLLO v. PLATINUM ADVISORS, LLC

District Court of Appeal of Florida · Feb 10, 2021

and qualified immunity. … Thus, a government official – including a city commissioner performing a legislative duty – enjoys qualified immunity from liability for civil damages so long as his or her conduct “does not violate clearly established

Miller v. Village of Hornbeck

10 La.App. 3 Cir. 1539 · Louisiana Court of Appeal · May 11, 2011

UDISCUSSION Qualified Immunity and Excessive Force Defendants argue that the trial court legally erred in “ignoring and failing to apply qualified immunity in its assessment of liability.” … Our review of the record indicates that the trial court did not expressly discuss the issue of qualified immunity, but, implicitly, it did not find the officers were entitled to qualified immunity.

City of Brownsville, Texas v. Rio Bravo Subdivision Property Owners Association, on Behalf of 203 Registered Voters in the Rio Bravo Subdivision

Texas Court of Appeals, 13th District · Feb 14, 2008

Declaratory Judgments and Governmental Immunity Governmental entities enjoy immunity from suit unless the legislature has clearly and unambiguously waived such immunity. See, e.g., Tooke v. … This statutory provision clearly and unambiguously authorizes suit against a city for failure to disannex an area, provided that two conditions precedent are satisfied: (1) a majority of qualified voters of the annexed area

Bradley v. Fisher

113 Md. App. 603 · Court of Special Appeals of Maryland · Feb 5, 1997

With these considerations in mind, we turn to the case sub judice. *611 Qualified Immunity The appellants, the remaining defendants below, 3 asserted a qualified immunity defense. … established law.

O'Connor v. Donovan

Vermont Superior Court · Dec 13, 2010

“[I]f the official’s conduct does not violate clearly-established [law] of which a reasonable person would have known, the official is protected by qualified immunity from tort liability.” Id. … O’Connor points to no clearly established law that such conduct would violate.

Pedraza v. New York City Tr. Auth.

2022 NY Slip Op 00255 · Appellate Division of the Supreme Court of the State of New York · Jan 13, 2022

That motion was premised on the TA's position that it was entitled to qualified immunity. … Even if the TA ultimately is able to establish through the testimony of its witnesses and other evidence that it is entitled to qualified immunity, we conclude that it is not entitled under any circumstances to the shield

Luchanski v. Officer J.L. Congrove

193 Ariz. 176 · Court of Appeals of Arizona · Dec 22, 1998

We reverse in part because, even though appellees are afforded qualified immunity here, the allegations of the complaint are sufficient to allow appellants the opportunity to develop supporting evidence. … The statutory language provides that qualified immunity is available, "unless a public employee ... intended to cause injury or was grossly negligent.”

Thomas v. White Ex Rel. White

102 S.W.3d 318 · Texas Court of Appeals, 9th District (Beaumont) · Mar 20, 2003

That may be accomplished, as it was noted in Kilburn and in Brazos, through the state’s derivative assertion of the employee’s qualified or official immunity. Id. … -Houston [14th Dist.] 1995, no writ)(City could appeal where individual employee raised government immunity and qualified immunity).

McCoy v. Georgia Department of Administrative Services

326 Ga. App. 853 · Court of Appeals of Georgia · Mar 26, 2014

to establish waiver. … The same paragraph establishes an exception to the defense of sovereign immunity as “to any action ex contractu for the breach of any written contract now existing or hereafter entered into by the state or its departments

Wynn v. Cole

68 Mich. App. 706 · Michigan Court of Appeals · May 17, 1976

This complaint would seem clearly sufficient under that standard. A complaint in libel must include the contents of the libelous statement and must also show where the alleged libel was published. … Qualified privilege was defined by the Supreme Court in the case of Bacon v Michigan C R Co, 66 Mich 166, 170 ; 33 NW 181 (1887): "Qualified privilege * * * extends to all communications made bona ñde upon any subject-matter

Brittany Fraser v. Samuel Rolofson

Court of Appeals of Virginia · Jul 30, 2024

The circuit court’s decision to dismiss Rolofson’s defamation claim due to qualified privilege Rolofson challenges the circuit court’s rulings that Fraser established … As we find that the record established Fraser’s statements were absolutely privileged, we need not decide the issues of malice or qualified privilege. Banks v. Commonwealth, 280 Va. 612, 617 (2010).

Samuel Rolofson v. Brittany Fraser

Court of Appeals of Virginia · Jul 30, 2024

The circuit court’s decision to dismiss Rolofson’s defamation claim due to qualified privilege Rolofson challenges the circuit court’s rulings that Fraser established … As we find that the record established Fraser’s statements were absolutely privileged, we need not decide the issues of malice or qualified privilege. Banks v. Commonwealth, 280 Va. 612, 617 (2010).