Case law

Butler v. City of Detroit

149 Mich. App. 708 · Michigan Court of Appeals · Mar 17, 1986

However, plaintiffs complaint clearly asserted that at the time of the shooting Officer Ford was acting within the scope of his employment as a *715 police officer. … Applying the "shocks the conscience test” as described in Wilson v Beebe, supra, to the facts and evidence presented in this case, we find that the plaintiff had failed to establish a cause of action under 42 USC 1983.

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

Davis v. Board of County Commissioners

127 N.M. 785 · New Mexico Court of Appeals · Jul 13, 1999

The privilege against defamation claims provides an employer qualified immunity for good-faith disclosures about employee performance, thereby encouraging such disclosure for the benefit of prospective employers and third … When physical harm by the employee is foreseeable, the employer who discloses will be protected against defamation by the qualified privilege.

FLISEK v. Star Fireworks, Inc.

220 Pa. Super. 350 · Superior Court of Pennsylvania · Dec 13, 1971

Allentown Housing Authority, supra, indicates quite clearly that the liability of a municipality does not turn on the niceties of title, but instead turns on whether the municipality had assumed the duty to supervise and … Such circumstances raise the question whether such differences as those described mount arbitrary and unreasonable distinctions incompatible with the constitutional standard established by the Equal Protection Clause of the

Coker v. Deep South Surplus of Georgia, Inc.

258 Ga. App. 755 · Court of Appeals of Georgia · Nov 13, 2002

OCGA § 34-9-11(a) states clearly and unequivocally that the necessary relationship can be created by either a contract or an agreement. … Even before immunity was established by statute, it was extended to those in Deep South's position by common law.

Stark v. City of Los Angeles

168 Cal. App. 3d 276 · California Court of Appeal · May 16, 1985

‘Unless the Legislature has clearly provided for immunity, the important societal goal of compensating injured parties for damages caused by wilful or negligent acts must prevail.’” (Peterson v. … Accordingly, the court could properly find that the City’s affidavit did not establish misconduct of such a character as to have improperly influenced the jury (see Evid.

Wilson v. State, Department of Administration, Division of Retirement

10 Fla. L. Weekly 1571 · District Court of Appeal of Florida · Jun 25, 1985

The continuing strike made the deadline established by Dade County in the January 15, 1962, notice impractical, if not impossible. … McMullian in his deposition of July 14, 1982, Petitioners instituted proceedings before the Dade County Board of County Commissioners for a determination that they were qualified to purchase their past service under Section

Gill v. Reese

53 Ohio App. 134 · Ohio Court of Appeals · Mar 17, 1936

The authorities are uniform in establishing the law that such a corporation is a private corporation. … If they are to establish private business then the department established to operate these businesses should answer the same as private citizens.” Peter’s Ice & Coal Co. v Kopp, dec. Aug. 9, 1935.

Burney v. State

689 S.W.2d 912 · Court of Appeals of Texas · Dec 19, 1984

To this writer, this clearly violates the spirit of TEX. CONST. art. I, sec. 10; TEXCODE CRIM.PROC.ANN. art. 38.08 (Vernon *915 1979); Myers v. … The principle is hereby established that no one shall be compelled to give testimony which may expose him to prosecution for crimes.

Foor v. Juvenile Services Administration

78 Md. App. 151 · Court of Special Appeals of Maryland · Feb 3, 1989

extent and in the amount that the State is covered by a program of insurance established by the Treasurer pursuant to § 27 of Article 95.” … The first and third of these elements are clearly, in our view, satisfied. The question arises as to the second.

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

Moore v. Cleveland

2017 Ohio 1156 · Ohio Court of Appeals · Mar 30, 2017

R.C. 2744.03(A) prescribes the defenses or immunities that a political-subdivision employee may assert to establish nonliability in a civil action for damages allegedly caused by an act or omission in connection with a … LEXIS 2060 (May 9, 2001), which the court indicated was a case with facts that “clearly show what constitutes a perverse disregard of a known risk.”

Elliott v. Ohio Department of Insurance

88 Ohio App. 3d 1 · Ohio Court of Appeals · Apr 15, 1993

In addition, defendant contends that the prosecutorial immunity doctrine provides governmental immunity to the state and personal immunity to the individual employees. … When performing investigative or administrative functions, the immunity is only qualified. Willitzer , at 449, 6 OBR at 490-491, 453 N.E.2d at 694 , citing Dellums v. Powell (C.A.D.C. 1981), 660 F.2d 802, 805 .

Hosmane v. Seley-Radtke

227 Md. App. 11 · Court of Special Appeals of Maryland · Feb 24, 2016

To establish a prima facie case of the common law tort of defamation in Maryland, a plaintiff must establish four elements: (1) that the defendant made a defamatory statement to a third person, (2) that the statement was … The Court of Appeals then went on to adopt a standard of negligence for cases of purely private defamation and enunciated clearly that the quantum of proof by which the plaintiff must establish the fault of the defendant

Bunch v. Robinson

122 Md. App. 437 · Court of Special Appeals of Maryland · Jul 1, 1998

’s establishment of federal judicial power. … On the other hand, the Supremacy Clause clearly allows properly enacted federal law to supersede state law.

Comley v. Emanuel Lutheran Charity Board

35 Or. App. 465 · Court of Appeals of Oregon · Aug 1, 1978

Johnson’s affidavit is taken as established fact and, because there is no material issue of fact as to his alleged negligence, summary judgment as to Dr. Johnson was proper. … immunity.

Susan Campbell v. Cirrus Education, Inc.

Court of Appeals of Georgia · Jun 23, 2020

“Therefore, the purpose, function, and management of [Cirrus] are indelibly intertwined with the State in a manner that qualifies it for the protection of sovereign immunity as a State instrumentality.” … The Supreme Court of Georgia has already established that the test to be applied in determining whether an entity is entitled to sovereign immunity is the Miller standard. Kyle, supra, 290 Ga. at 88-90 (1).

Konitch v. Hartung

81 N.J. Super. 376 · New Jersey Superior Court Appellate Division · Dec 3, 1963

The trial court established a three-pronged test for the application of N.J.S.A. 34:15-8: it must appear that (1) plaintiff suffered a compensable injury; (2) plaintiff and *379 defendant were co-employees; and (3) defendant … The implied element in the statute under consideration is the one stated by the trial judge, and clearly set out in 2 Larson, Workmen's Compensation Law, § 72.20, p. 174 (1961) — that "the immunity attaches to the co-employee

Anderson v. St. Bernard Parish

543 So. 2d 537 · Louisiana Court of Appeal · Apr 27, 1989

The appellant was clearly in the course and scope of his employment when injured, as were the members of the Police Jury. … The defendants are immune from suit in tort in this instance as proscribed by statute. AFFIRMED. .

Lola Marvene Maher, Wife of/and Johny (Nmi) Maher v. New Orleans City Park and/or New Orleans City Park Improvement Association; And the State of Louisiana Ex Rel. Department of Culture, Recreation, and Tourism

Louisiana Court of Appeal · Dec 18, 2023

“Since the enactment of the immunity statutes, legislative amendments have expanded the scope of immunity for protected classes and activities.” Beal v. Westchester Surplus Lines Ins. Co., 2021-0187, p. 7 (La. … In reversing the trial court’s judgment, the Fifth Circuit explained: The activities enumerated in the statute are clearly activities that are typically done in, and require, the true outdoors, such as fishing