Case law

Kelver v. State

808 N.E.2d 154 · Indiana Court of Appeals · May 13, 2004

Equal Privileges and Immunities Kelver first asserts that I.C. § 9-19-10-2, along with the supporting statutory definitions, violates the equal privileges and immunities clause of the Indiana Constitution and the equal protection … In addition, this "preferential treatment" is equally available to anyone who owns a motor vehicle that qualifies as a truck and chooses to register and plate the vehicle as a truck. See Collins, 644 N.E.2d at 80 .

State v. Williams

2026 Ohio 1953 · Ohio Court of Appeals · May 27, 2026

We must also consider whether the State has “establish[ed] ‘the probability’ that the errors claimed did in fact occur.” … “[T]he record of the trial court’s proceedings should clearly reflect the court’s inquiries into the bases of the claim of privilege and the proponent’s responses.”

Lussier v. San Lorenzo Valley Water District

206 Cal. App. 3d 92 · California Court of Appeal · Nov 23, 1988

Clearly, if nonsuit was based on the common law rule of immunity, then the court erred in granting it, and the issue of trespass should have been submitted to the jury. … Clearly, evidence that Ed Hayes’s father was cited for diverting the creek with a shovel does not contradict Ed Hayes’s testimony.

E.F.Y Realty Corp. v. City of Lynn

12 Mass. L. Rptr. 320 · Massachusetts Superior Court · Jun 26, 2000

The defendants claim they are entitled to qualified immunity because the alleged constitutional violation, failure to provide due process by failing to notify the owner and mortgagee before demolishing the building, was not … clearly established by the time of demolition.

Dean Christiansen v. Christopher Eral, Rex Mueller, and City of Sioux City

Court of Appeals of Iowa · Jan 10, 2024

In their motion, the Defendants alleged that there were no constitutional violations of Christiansen’s rights; the claims against Officer Eral and the City were subject to qualified immunity; the negligence claim against … And even if the officer’s actions were legal under the constitutional standards but negligent under our common law, we find qualified immunity applies in this case.

Lowe's Feed and Grain, Inc. v. Charles "Rick" Maxwell, Individually

Court of Appeals of Kentucky · Sep 23, 2021

Therein, they argued that the City was entitled to statutory immunity under the Claims Against Local Government Act and that Maxwell was entitled to qualified official immunity. … established rights.

People v. Oram

217 P.3d 883 · Colorado Court of Appeals · Feb 5, 2009

Indeed, in civil lawsuits against government agents for unreasonable searches or seizures, courts grant qualified immunity absent violation of "a clearly established Fourth Amendment protection." Saucier v. … Not even that civil qualified immunity standard could be overcome here because the limits announced in the majority opinion were not clearly established-they did not even exist-in Colorado before today.

Taylor v. Northeast Bradford School District

101 A.3d 144 · Commonwealth Court of Pennsylvania · Oct 9, 2014

The trial court then concluded that [t]he gymnasium partition clearly falls into the third category. … If the latter, the District enjoys immunity.

Ramirez v. State ex rel. Children, Youth & Families Department

6 N.M. 119 · New Mexico Court of Appeals · May 1, 2014

Const. art. 1, § 8, cl. 4 (providing that Congress shall have the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States”). … (emphasis omitted)); The Federalist No. 32, at 155 (Alexander Hamilton) (Gideon ed. 2001) (“[A]s the plan of the convention aims only at a partial union or consolidation, the state governments would clearly retain all the

Greer v. Metropolitan Hospital

235 Pa. Super. 266 · Superior Court of Pennsylvania · Jun 24, 1975

its perimeters not only those cases clearly (and in one instance specifically) overruled by Ayala , hut also cases falling within the Brown concept of “sovereign immunity.” … Justice Pomeroy cast the deciding vote in Brown and Ayala , and clearly enunciated his views on the doctrine of sovereign immunity. Brown at 575, 305 A.2d at 873.

State v. R. W.

51 Conn. Supp. 342 · Connecticut Superior Court · Aug 21, 2009

The requirements for a successful due process claim are well established. … This jurisdiction confers special rights and immunities.”); State v. Fernandes, supra, 115 Conn.

Commonwealth v. Papsone

44 Pa. Super. 128 · Superior Court of Pennsylvania · Oct 10, 1910

He cannot exercise any political rights whatever, nor be compelled to fill any elective or appointive office; he is not qualified to serve as a juror; or to receive a license to sell liquor, hawk or peddle. … hire and occupy houses and warehouses, to employ agents of their choice and generally to do anything incident to or necessary for trade upon the same terms as natives of the country, submitting themselves to the laws then established

Bickham v. Lammico

90 So. 3d 467 · Louisiana Court of Appeal · Feb 1, 2012

Jackson established that he satisfied the requirements of a qualified healthcare provider pursuant to La. … Jackson, she concluded that he was and is “entitled to all privileges, immunities, limitations, and/or protections provided to qualified | ^healthcare providers by the Louisiana Medical Malpractice Act, La.

Duncan v. Johnson

14 So. 3d 760 · Court of Appeals of Mississippi · Mar 10, 2009

Likewise, a court clerk is entitled to qualified immunity for good faith efforts in the execution of her duties, unless her conduct violates “clearly established statutory or constitutional rights of which a reasonable person … Clearly, the circuit court did not abuse its discretion in finding Duncan’s complaint frivolous to the extent he alleged harm from inadvertent conduct or a good faith mistake.

Heimann v. Kinder-Morgan CO2 Co., LP

144 P.3d 111 · New Mexico Court of Appeals · Oct 11, 2006

in [its] Qualified Contracts . . ., [its] transportation charges established as Qualified Other Transportation Charges . . ., and [its] Approved Mainline Deductions." … Shell in establishing royalty settlement values for purposes of payment to their Respective Owners and, (b) regarding Non-Qualified Other Transportation Charges . . . utilized by . . .

M. Renner v. The Court of Common Pleas of Lehigh County

195 A.3d 1070 · Commonwealth Court of Pennsylvania · Oct 12, 2018

It tests the legal sufficiency of the challenged pleadings and will be sustained only in cases where the pleader has clearly failed to state a claim for which relief can be granted. … Court established waiver of the common pleas court’s sovereign immunity.

Emmerson v. Weilep

110 P.3d 214 · Court of Appeals of Washington · Apr 12, 2005

Weilep points out the text of RCW 4.24.510 expressly provides for immunity from "civil liability," as opposed to immunity from a civil action for damages, its meaning must be construed in the context of the statutory scheme … Here, the legislative purpose gives qualifying parties immunity from "civil action[s] for damages," (RCW 4.24.500) and the statutory intent language discusses liability in terms of a "civil complaint or counterclaim ... on

Jack N. McCrary and Suzanne F. McCrary v. William A. Hightower, UBS Financial Services, Inc., B.B. Tuley, Brian Davidson and Panoramic Investigations

513 S.W.3d 1 · Court of Appeals of Texas · Nov 22, 2016

their First Amended Petition, 1 The McCrarys’ petition acknowledges that Suzanne was not the subject of any defamatory communications, but nonetheless alleges that Suzanne’s “good name and reputation were clearly … “The judicial proceedings privilege is tantamount to immunity; where there is an absolute privilege, no civil action or damages for oral or written communications will lie, even though the language is false and uttered or

City of Columbus v. Barnstone

921 S.W.2d 268 · Texas Court of Appeals, 1st District (Houston) · Aug 3, 1995

The City asserts it is immune from liability because its officers are entitled to official immunity for their actions. … The federal test requires courts look to “whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the

Rowe v. State

867 N.E.2d 262 · Indiana Court of Appeals · May 31, 2007

The court in Abney restated the well-settled rule established in Micinski v. … An allegation that the trial court failed to identify or find a mitigating factor requires the defendant to establish that the mitigating evidence is both significant and clearly supported by the record. Matshazi v.