Case law

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.

Becerra v. County of Santa Cruz

81 Cal. Rptr. 2d 165 · California Court of Appeal · Dec 9, 1998

As noted earlier, liability under Government Code section 815.6 is predicated upon an enactment establishing a mandatory duty, and the statute or “enactment” claimed to establish the duty must be identified. (Searcy v. … According to appellant, supervision of Mariana’s placement was not a basic policy decision entitled to immunity, but a mere ministerial duty of carrying out the requirements of policies established at the state level.

Palandro v. Board of Supervisors

2009 La.App. 1 Cir. 1203 · Louisiana Court of Appeal · Apr 28, 2010

YoA-Alden, the Board asserts that Louisiana Constitution, Article XII, Section 10(A)’s waiver of | immunity in contract suits is not sufficient to establish Louisiana’s explicit consent to a suit seeking to enforce FLSA provisions … In deciding Alden , the Supreme Court noted that the Alden plaintiffs did not attempt to establish waiver of immunity under Maine’s legislative standard. Alden, 527 U.S. at 758 , 119 S.Ct. 2240 .

Cleary v. Catholic Diocese

10 Ill. App. 3d 224 · Appellate Court of Illinois · Feb 26, 1973

It was determined that the statutory immunity of the Park District was unconstitutional as a grant of special immunity in violation of the constitutional provision. In Lorton v. … The constitutionality of a statute of limitations of one year is to be examined in the light that the Legislature has established a classification and that the court will not interfere unless such classification is without

State v. Ricky Shumake and Sandra Shumake, Individually and as Personal Representatives of the Estate of Kayla Shumake

131 S.W.3d 66 · Texas Court of Appeals, 3rd District (Austin) · Dec 4, 2003

Nuisance and Attractive Nuisance We will first address the easier question of whether the Shumakes have established a waiver of immunity for their nuisance and attractive nuisance claims. … a waiver of immunity by alleging facts that if proved might establish gross negligence under the duty of care owed to a known trespasser.

Estate of Shirley Jokinen v. Beaumont Hospital Troy

Michigan Court of Appeals · Jun 9, 2025

-4-  or by what cause those injuries are sustained, unless it is established that such injury or death was caused by the gross negligence, as defined in … The alleged acts, omissions, and injuries were wholly unrelated to the pandemic, so deeming defendant immune would contravene the Legislature’s clearly-communicated intent to limit this immunization to services

Asiala v. City of Fitchburg

24 Mass. App. Ct. 13 · Massachusetts Appeals Court · Apr 3, 1987

Decades before the enactment of the Act, it was well established that a municipality was not immune from liability if it created or maintained a private nuisance on its land which caused injury to the real property of another … Therefore, when the Legislature abolished the doctrine of governmental immunity by enacting the Act, it was not necessary to abolish immunity with respect to private nuisance claims.

Rew v. County of Niagara

115 A.D.3d 1316 · Appellate Division of the Supreme Court of the State of New York · Mar 28, 2014

With respect to the fourth cause of action, against the deputy sheriff, defendants contended that the deputy sheriffs actions were entitled to qualified immunity. … “To be entitled to qualified immunity, it must be established that it was objectively reasonable for the police officer involved to believe that his or her conduct was appropriate under the circumstances, or that officers

Wooten Ex Rel. Wooten v. South Carolina Department of Transportation

326 S.C. 516 · Court of Appeals of South Carolina · Apr 7, 1997

Although the statute clearly retains sovereign immunity for highway design, it does not define design. 1 However, some courts have held: [A] statute may provide that neither a public entity nor a public employee is liable … established by state procedures manual); Delosovic v.

Central Advertising Co. v. City of Novi

91 Mich. App. 303 · Michigan Court of Appeals · Jul 10, 1979

The statute speaks of immunity for "governmental functions,” and this court is of the opinion that while it may be an appropriate goal or objective of government to establish a hospital authority, it does not follow that … However, since Monell expressly avoided the immunity question and we need not address it, we rest our decision on other grounds. 5 While the Supreme Court’s dismissals may or may not conclusively establish that an ordinance

Tomlinson v. Frazier

407 So. 2d 1385 · Louisiana Court of Appeal · Jan 8, 1982

"The evidence clearly establishes that defendant was actually domiciled within the 92nd Legislative District for the entire year preceding his qualifying as a candidate. … In light of Frazier's extensive contacts with New York, his intention clearly appears to have been to establish residency there.

St. Luke's v. State, Dept. of Law

180 Ariz. 373 · Court of Appeals of Arizona · Oct 25, 1994

And, the Division does not establish that any of these “opportunities” with other health care providers would qualify as an employment relationship under the hybrid test. … The Immunity Issue St. Luke’s motion for summary judgment failed to raise the issue that the peer review statutes grant immunity under the ACRA to St. Luke’s.

Arteman v. Clinton Community Unit School District No. 15

Appellate Court of Illinois · Nov 22, 2000

App. 3d at 809 , 704 N.E.2d at 424 (in which this court concluded that a park district coach's decisions regarding what equipment and safety precautions were needed during tumbling maneuvers qualified "as the making of policy … The court further explained that the "public policy considerations in authorizing, and indeed encouraging, teachers to have broad discretion and latitude in the former situation quite clearly do not apply" where the issue

ROBERT JAMES O'BRIEN v. KIRK RUSSELL & Others.

Massachusetts Appeals Court · Aug 14, 2024

In ruling on the motion, the judge concluded that Russell and Dwelly were entitled to qualified immunity. … O'Brien first claims that the judge erred by concluding that Russell and Dwelly were entitled to qualified immunity.

Board of Education of the City School District v. Mills

250 A.D.2d 122 · Appellate Division of the Supreme Court of the State of New York · Nov 12, 1998

Both the resolution which established the SCI and the Executive Order mandate full cooperation by all school district employees with the SCI during all investigations; they further provide that if an employee refuses to answer … In spite of having been granted use immunity, Cadet answered only pedigree and background questions, refusing to answer any questions regarding his relationship with the student.

Cline v. Rabson

856 P.2d 1 · Colorado Court of Appeals · Jul 26, 1993

And, in those instances in which the General Assembly has intended a judge to exercise the jury’s factfinding function, that intent has been clearly expressed. … the simple negligence standard of ordinary care and that it is unnecessary, for this purpose, to establish that such a driver was guilty of reckless conduct.

Slagle v. State

182 Ind. App. 5 · Indiana Court of Appeals · Aug 29, 1979

An expert can be “qualified” by evidence of formal training or practical experience. Culley v. State (1979), Ind.App., 385 N.E.2d 486 . … There, in a waiver hearing, the defendant clearly waived her right to object to the admission of the results of a polygraph test.

Johnson v. City of Philadelphia

657 A.2d 87 · Commonwealth Court of Pennsylvania · Mar 29, 1995

Additionally, Johnson asserts that retroactive application of Gray is inappropriate because the Supreme Court established a new principle by overruling the Commonwealth Court’s decision in the same case. … However, an entire reading of Ludwin clearly demonstrates that, although the City could be held liable to PATCO under the terms of the lease, the City cannot be held directly liable to an injured party.

State of Texas v. Barbara Oakley, as Guardian of the Estate and Person of Richard Danziger, a Disabled Adult

Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

This clearly demonstrates that the legislature intended claims made under this chapter to be personal in nature and limited to the wrongfully imprisoned person. … To widen the legislature’s waiver of immunity and graft more liberal common-law principles onto these statutes flies in the face of established sovereign immunity law.

State v. Matson

22 Wash. App. 114 · Court of Appeals of Washington · Dec 6, 1978

Walker, 82 Wn.2d 851 , 514 P.2d 919 (1973) established that a showing that the defendant was an agent solely of the purchaser and not of the seller in a drug transaction was a defense to prosecution under the uniform narcotic … An examination of this statute clearly leads to the conclusion that the making of a motion to grant immunity *120 must be left to the discretion of the State's representative.