Case law

Larson v. City of Oakland

17 Cal. App. 3d 91 · California Court of Appeal · Apr 26, 1971

They rest, we believe, on the circumstances and context in each case; and do not establish any general rule. … The general common law immunity for injury to, and inflicted by, prisoners was well established. Compare, Oppenheimer v. City of Los Angeles (1951) 104 Cal.App.2d 545 , 548 [ 232 P.2d 26 ]; Wood v.

Education Service Center Region 2 v. Global Spectrum, LP D/B/A Spectra Venue Management and Nueces County

Texas Court of Appeals, 13th District · Jun 30, 2022

ESCR2 concluded that appellees had failed to establish a waiver of immunity, and consequently, the trial court lacked subject-matter jurisdiction over appellees’ claims. … “The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Id. (citing U.S.

Presley v. St. Paul Fire & Marine Insurance Co.

2010 Ark. App. 367 · Court of Appeals of Arkansas · Apr 28, 2010

As his second point, appellant contends that the trial court erred in determining that he did not plead sufficient facts to establish the immunity of the hospital. … Appellant next argues that the trial court erred in finding that he did not plead sufficient facts in his original complaint to establish the hospital’s immunity.

Hacala v. Bird Rides, Inc.

California Court of Appeal · Apr 10, 2023

As our Supreme Court has repeatedly emphasized, “in the absence of a statutory provision establishing an exception to the general rule of Civil Code section 1714, courts should create one only where ‘clearly supported by … Foreseeability notwithstanding, Bird argues the “extreme burdens” it would be forced to undertake (were this court to decline to immunize its conduct) clearly support an exception to the general duty of ordinary care for

Arlo L. Schriver as Trustee of the Schriver Family Trust v. the Texas Department of Transportation

Texas Court of Appeals, 2nd District (Fort Worth) · Jul 30, 2009

(footnote: 19) Accordingly, to establish a waiver of immunity for a breach of contract claim predicated on an underlying eminent domain action, a party must establish the existence of an agreement by which a governmental … Code Ann. § 21.012 (a), (b)(4) (Vernon Supp. 2008). 20: The dissent in Singer concluded that because the contract at issue was not a settlement agreement, “ Lawson clearly has no application to the facts of [the] case.”

REW, MICHAEL J. v. COUNTY OF NIAGARA

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 sheriff’s 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

Kentucky Central Life Insurance Co. ex rel. Stephens v. Park Broadcasting of Kentucky, Inc.

913 S.W.2d 330 · Court of Appeals of Kentucky · Jan 12, 1996

KRS 304.33-165 establishes the manner, time-frame and procedure to be followed by the “rehabilitator” in appearing and making known his final recommendations. … The appellee argues that the rehabilitator qualifies as a “public agency” under the definition set forth in KRS 61.870(l)(a), (e) and (i).

Edward Baldridge v. Chuck Brauner, in His Official Capacity as Chief of Police of the Spring Branch Independent School District Police Department and the Spring Branch Independent School District

Texas Court of Appeals, 1st District (Houston) · Aug 29, 2013

Appellant responded that Holmsten’s letter was clearly a “complaint” subject to section 614.023, and that Brauner’s notice clearly indicated that appellant’s employment was being terminated based on the Holmsten incident … Here, appellees established that appellant was informed of the allegation against him—wearing a Bluetooth device while on duty in violation of departmental policy.

State v. Peterson

98 Wis. 2d 487 · Court of Appeals of Wisconsin · Aug 19, 1980

The Petersons want us to establish a similar procedure in state court without explaining how this can possibly be done. … This statute clearly indicates that if a decision on a motion will make a trial unnecessary, it should be made and decided before trial.

City of Mission v. Enrique Maximus Rodriguez

Texas Court of Appeals, 13th District · Mar 19, 2026

There is simply no evidence in the record that under any test for recklessness the alleged “failure to control speed” would qualify. Id. (citations omitted) (emphasis added). … CONCLUSION We find Rodriguez’s pleading fails to assert facts sufficient to establish a waiver of immunity under both the general waiver of governmental immunity statute and the emergency exception statute.

Zauflik v. Pennsbury School District

72 A.3d 773 · Commonwealth Court of Pennsylvania · Jul 3, 2013

Therefore, this Court cannot sanction a political subdivision by ordering an express waiver of its governmental immunity, consistent with the well-established precedent that governmental immunity is an absolute defense that … lack of support as to be clearly erroneous here.

Kolbeck v. Kramer

84 N.J. Super. 569 · New Jersey Superior Court Appellate Division · Jul 23, 1964

Generally the statutes require that pupils undergo: physical examination, N.J.S.A. 18:14-57; general vaccination, N.J.S.A. 18:14-52; diphtheria immunization, N.J.S.A. 18:14-64.2; polio immunization, N.J.S.A. 18:14-64.10, … The first amendment to the constitution, in declaring that congress shall make no law respecting the establishment of religion or forbidding the free exercise thereof, was intended to allow every one under the jurisdiction

Harrison v. Delise

440 So. 2d 160 · Louisiana Court of Appeal · Aug 19, 1983

The evidence clearly demonstrates that this defendant was domiciled at one of two locations, clearly entitling him substantively to run for the office of Police Juror of Ward 4 under either Section 4(A) or 4(B). … Picou decision as support for the proposition that where a candidate is in fact qualified to seek a particular office and clearly indicate the office he seeks, and he and his opponents are clearly aware of his interest to

Chayoon v. Sherlock

89 Conn. App. 821 · Connecticut Appellate Court · Jun 28, 2005

Therefore, the *828 record does not support the plaintiffs claim that the tribe clearly has waived immunity from suit in Connecticut courts for a purported violation of the FMLA. … “[I]n order to overcome sovereign immunity, the [plaintiff] must do more than allege that the defendants’ conduct was in excess of their . . . authority; [the plaintiff] also must allege or otherwise establish facts that

McLaughlin v. Metropolitan Dade County

191 So. 2d 615 · District Court of Appeal of Florida · Nov 1, 1966

The witnesses presented by the appellant established the following facts. … The appellant placed first on the list of those qualified for promotion under the Civil Service System by reason of his standing on the promotion examination.

Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2014

See id. § 143.057(d) (if officer and department head do not agree on hearing examiner within ten days, director shall request list of seven qualified neutral arbitrators). … Therefore, governmental immunity will bar an otherwise proper UDJA 11 claim seeking to construe or invalidate a statute if the remedy has the effect of establishing a

Rosaena Resendez v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224. … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Resendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

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.

Wilkins v. Williams

968 N.E.2d 1074 · Appellate Court of Illinois · Mar 20, 2012

City of Bloomington, 204 Ill. 2d 392, 398 (2003)) and well- established rules of statutory construction (People v. Easley, 119 Ill. 2d 535, 539 (1988)). … interpretation is found in the fact that when the legislature wanted to immunize the negligent operation of a motor vehicle, it clearly expressed its intent in the statute.

Epstein v. State

124 A.D.2d 544 · Appellate Division of the Supreme Court of the State of New York · Nov 3, 1986

The court did not address the issue of whether the State could rely on the doctrine of qualified governmental immunity (Weiss v Fote, 7 NY2d 579 ), even though the State was unable to produce any plans for the initial installation … Having found no basis to hold the State liable for the design, construction or maintenance of the guide rail, we additionally agree with the Court of Claims that the issue of qualified governmental immunity need not be addressed