Case law

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.

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.

Leslee Lanphier, R. N., and Rebecca Francis, R. N. v. Tania Avis, A/K/A Tania Greer

Texas Court of Appeals, 6th District (Texarkana) · Jan 10, 2008

The apparent misinterpretation of the information would not qualify as use of tangible property within the TTCA. In Hardy, however, the purpose of the monitor was not necessarily limited to generating information. … Since the nurses failed to establish that Avis could have done so, they failed to satisfy all elements of Section 101.106(f) and were not entitled to dismissal pursuant to that section.

Mike Morath, in His Official Capacity as Commissioner of Education for the Texas Education Agency v. Texas State Teachers Association

Texas Court of Appeals, 3rd District (Austin) · May 21, 2025

. § 11.174.1 A school district that enters into such a contract qualifies for an exemption from intervention and sanctions—and also qualifies for additional funding—if the entity with which it contracts is either (1) the … The language of the statute that general counsel is the ‘final authority’ clearly mandates that result.”)).

City of Vinita Park Ex Rel. Board of Directors v. Girls Sheltercare, Inc.

664 S.W.2d 256 · Missouri Court of Appeals · Jan 10, 1984

In the instant case the leasing of the premises pursuant to the statutory authority for the county and juvenile court to establish a group home is a governmental function (use) and thereby immune from the City of Vinita Park … Louis County, 451 S.W.2d 107 (Mo.1970) establishes that St. Louis County can be immune from municipal regulation by zoning ordinances. In that case, St.

Weber v. City of Fort Wayne

511 N.E.2d 1074 · Indiana Court of Appeals · Aug 17, 1987

Therefore, in reviewing the trial court’s ruling, we must first discern whether the City’s motion for summary judgment showed the undisputed material facts establish a defense to Weber’s claim. … attend flea market, the First District held any decision by the state police whether to patrol the area of the flea market or to provide traffic control, was a decision on whether to enforce the law, a discretionary act clearly

Kim v. Randal A. Lowry & Assocs.

2023 Ohio 3232 · Ohio Court of Appeals · Sep 13, 2023

immunity. … immunity.

LaCroix v. State ex rel. Department of Transportation

477 So. 2d 1246 · Louisiana Court of Appeal · Oct 10, 1985

However, the extent of its right of way in this area is not established in the record. … Clearly, this accident took place in a rural setting. Because of this site’s popularity, we believe it warrants being termed a recreational area. Members of the general public swam in this creek without charge.

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.

Salix State Bank v. Commonwealth, Department of Banking

36 Pa. Commw. 120 · Commonwealth Court of Pennsylvania · Jun 16, 1978

The Department’s assertion of immunity from suit is without merit. Though it has been held that this *123 immunity extends to actions in equity, Boss v. Keitt, 10 Pa. Commonwealth. … officials from performing affirmative acts are not within the rule of immunity.

Commonwealth, Uninsured Employer's Fund v. County of Hardin Planning & Development Commission

390 S.W.3d 840 · Court of Appeals of Kentucky · Nov 9, 2012

Because Poplar Brook may be able to establish such a claim, it would be improper to grant a motion to dismiss as to this claim. … [Bjecause the offender is the state, inverse taking may apply due to the temporary (years in this case) interruption to the owner’s ability to use the property with clearly established resulting damage. *847 It is plainly

Smith v. Southeastern Pennsylvania Transportation Authority

707 A.2d 604 · Commonwealth Court of Pennsylvania · Feb 13, 1998

/leaseback arrangement with the City assertedly does not include the sidewalk, and no other writing establishes that SEPTA owns or leases the property. … general statutory grant of sovereign immunity.

In Re: EAN Holdings, LLC D/B/A Enterprise Rent-A-Car v. the State of Texas

Texas Court of Appeals, 8th District (El Paso) · Jun 12, 2024

Todorovic argued in the trial court that USBP did not qualify as a responsible third party because it is an agency of the federal government and thus immune from suit. … As a result, the trial court clearly abused its discretion to the extent it relied on USBP’s immunity to deny Enterprise’s motion for leave. (3) Enterprise timely filed its motion for leave.

Leiendecker v. Asian Women United of Minnesota

834 N.W.2d 741 · Court of Appeals of Minnesota · Jun 3, 2013

AWUM argues that the district court misapplied the statute in determining that the Leiendeekers established by clear-and-convincing evidence that AWUM’s acts were tortious and thus not immune under the statute. … that the district court did not err in determining that the Leiendeckers “need only allege facts that, together with the fair inferences they create, clearly and convincingly demonstrate that the acts at issue are not immune

Rachel Victory v. State of Tennessee

Court of Appeals of Tennessee · Oct 29, 2021

’s condition.2 This appeal followed. 1 It is undisputed that the State of Tennessee qualifies as a “landowner” under the Recreational Use Statute. … The Commissioner found no evidence to establish gross negligence on the part of the State.

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

City of Houston v. HOUSTON FIREFIGHTERS' RELIEF AND RETIREMENT FUND, GEORGE ANDERSON AND ALVIN JAMES

Texas Court of Appeals, 1st District (Houston) · May 5, 2006

The City notes that “it is established that a suit which is brought ostensibly for the purpose of declaring rights, but actually seeks to impose liability on a subdivision of a state, is barred by sovereign immunity.” … Rather, section 16 simply modified the statutory criteria for eligibility for qualifying for prior service credits. Id .

Van Eaton v. Fink

697 N.E.2d 490 · Indiana Court of Appeals · Jul 24, 1998

Instead, she maintains that qualified privilege applies. … Because Van Eaton has failed to designate material which could establish that Fink abused her qualified privilege, we conclude that the trial court properly granted summary judgment in favor of Fink. Affirmed.

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.