Case law

Josue Francisco Vazquez v. State

Texas Court of Appeals, 1st District (Houston) · Nov 3, 2005

Appellant further notes that Dunning’s testimony was provided in exchange for the State’s promise of immunity and the State’s promise to remain neutral on a habeas petition filed in an unrelated criminal case. … The State argues that Dunning’s statement qualifies as an excited utterance or a present sense impression and thus is excepted from the rule barring hearsay.

the City of Cleburne v. RT General, LLC

Texas Court of Appeals, 10th District (Waco) · Dec 16, 2020

Section 271.152 of the Texas Local Government Code waives immunity to suit for qualifying local governmental entities for the purpose of adjudicating a claim for breach of contract entered into by the local governmental … And as such, we further conclude that RT General has plead sufficient facts to establish a waiver of the City’s immunity to suit under section 271.152 of the Texas Local Government Code. See TEX. LOC.

Bergeron v. Boyd

California Court of Appeal · Mar 6, 2014

As the defendant was clearly engaged in this latter activity, she is entitled to the protection of such quasi-judicial immunity.” (Howard, supra, 222 Cal.App.3d at pp. 859-860.) … Consequently, the court held the undisputed facts did not establish the horse steward was entitled to the protection of quasi-judicial immunity if he committed a trespass to chattel.

Hoffman v. Gallia Cnty. Sheriff's Office

103 N.E.3d 1 · Ohio Court of Appeals · Dec 12, 2017

Thus, they failed to meet their “onerous” burden to establish that the political subdivision and Deputy Johnson are not immune from liability. Id. at ¶31. … The standard of “due regard for safety” does not clearly or definitively define a precise duty or conduct, however.

Smejkal v. STATE EX REL. DAS.

239 Or. App. 553 · Court of Appeals of Oregon · Dec 15, 2010

Statutory obligations of governments can become contractual in nature when the statute clearly announces that the obligation is immune from statutory change. The court observed in Campbell et al. v. … It is also equally well established that the intention of the legislature thus to create contractual obligations, resulting in extinguishment to a certain extent of governmental powers, must clearly and unmistakably appear

McCALLISTER v. SUN VALLEY POOLS, INC

100 Mich. App. 131 · Michigan Court of Appeals · Sep 15, 1980

Unless the claim is so clearly unenforceable as a matter of law that no factual development can possibly justify a right to recover, a motion made under this subrule should be denied. … immunity in this instance.

Ex Parte Salvation Army, 2100033 (ala.civ.app. 2-18-2011)

72 So. 3d 1224 · Court of Civil Appeals of Alabama · Feb 18, 2011

Williams clearly suffered no prejudice by the filing of the reply. … Clearly, First Choice was Williams’s general employer.

CJ v. Vuinovich

252 N.J. Super. 122 · New Jersey Superior Court Appellate Division · Nov 22, 1991

United States, 663 F. 2d 1226 (3d Cir. 1981) (en banc), cert. denied, 456 U.S. 972 , 102 S.Ct. 2234 , 72 L.Ed. 2d 845 (1982), which held that the established doctrine of military immunity precluded state causes of action … Will , therefore, "establishes that the State and arms of the State, which have traditionally enjoyed Eleventh Amendment immunity, are not subject to suit under § 1983 in either federal court or state court." Howlett v.

May v. WOLVERINE TRACTOR AND EQUIPMENT CO.

107 Mich. App. 163 · Michigan Court of Appeals · Jun 16, 1981

Here, the Legislature has established three statutory exceptions to the general grant of immunity, imposing liability in cases involving defective highways, negligently operated government vehicles and dangerous or defective … The company’s claim for *172 indemnification is so clearly unenforceable as a matter of law that no factual development could possibly justify recovery.

Thomas v. Consumers Power Co.

58 Mich. App. 486 · Michigan Court of Appeals · Feb 11, 1975

By this argument the plaintiffs attempt to convert the consideration clause which actually establishes their own cause of action into a proviso clause against Consumers’ immunity under the statute. … It would seem that Taylor is clearly distinguishable from the case at bar.

Dann v. Auburn Police Department

138 A.D.3d 1468 · Appellate Division of the Supreme Court of the State of New York · Apr 29, 2016

Although prosecutors are afforded only qualified immunity when acting in an investigative capacity (see Buckley, 509 US at 275-276 ; Kirchner, 107 AD3d at 1623; Claude H. v County of Oneida, 214 AD2d 964, 965 [1995]), we … It is well established that “ ‘information provided by an identified citizen accusing another of a crime is legally sufficient to provide the police with probable cause to arrest’ ” (Lyman, 74 AD3d at 1843 ; see Zetes, 108

John Travis Chadwick v. State

Court of Appeals of Georgia · Jul 1, 2021

Accordingly, we cannot say that the trial court erred in finding that Chadwick failed to meet his burden to establish his entitlement to pretrial immunity pursuant to OCGA § 16-3-24.2. See Gardhigh v. … In sum, “[t]o prevail on his immunity motion, [Chadwick] was required to establish his justification defense by a preponderance of the evidence.

Sequeiro v. Torrington

Connecticut Appellate Court · Mar 17, 2026

“The [common-law] doctrines that determine the tort liability of municipal employees are well established. . . . … Generally, a municipal employee is liable for the misperformance of ministerial acts, but has a qualified immunity in the performance of govern- mental acts. . . .

Wendt v. Fathers

332 Ill. App. 618 · Appellate Court of Illinois · Dec 17, 1947

Clearly, charitable corporations should, as do private corporations, bear the cost of their tortious acts, and the rule of tort immunity which leaves an undeserved loss on an unfortunate individual should be abolished. ’ … The trend in these latter States is clearly toward unqualified responsibility. Justice Eobihsoh, concurring in Miller v. Sisters of St.

Shontai Tudor, Mother and Next Friend of J.T., a Minor v. Jefferson County Public Schools A/K/A Jefferson County Board of Education

Court of Appeals of Kentucky · Dec 16, 2021

QUALIFIED IMMUNITY Generally, qualified official immunity is “immunity from tort liability afforded to public officers and employees for acts performed in the exercise of their discretionary functions.” … Citing this explanation of the doctrine of qualified official immunity, the circuit court concluded that Raho’s actions in attempting to subdue J.T. were “clearly discretionary” as stated in the findings in its prior order

Maria Theresa Nunez, Individually and on Behalf of the Estate of Ignacio Nunez, and Elizabeth Reyther as Next Friend of Jared Nunez, a Minor v. City of Sansom Park, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Jun 29, 2006

Cowan clearly held that the triggering governmental A use @ of personal property had to be just that; A section 101.021(2) waives immunity for a use of personal property only when the governmental unit is itself the user. … As in Cowan , merely providing personal property for use by someone else is insufficient to establish the statutory waiver of immunity. See id .; Cowan, 128 S.W.3d at 246 .

Cooley v. CITY OF CARROLITON

249 Ga. App. 387 · Court of Appeals of Georgia · Apr 26, 2001

The trial court granted summary judgment to the city and its employees on grounds that they are immune from liability under the Recreational Property Act (RPA) and under a release from liability for personal injury claims … 9 The evidence establishes without contradiction that the city, with the permission of the college, was in control of the pool premises at those times.

McKray v. State of California

74 Cal. App. 3d 59 · California Court of Appeal · Oct 14, 1977

But it is undisputed that the line marking the left side of the outer lane was clearly visible. Yet Laspada crossed the entire shoulder, so that his car’s right side was more than 22 feet from the obvious lane line. … The record conclusively establishes that Laspada’s negligence was the sole cause of plaintiff’s injury. In light of this holding, we need not discuss the state’s exemption under design immunity. Judgment affirmed.

American Property Management Corp. v. Superior Court

206 Cal. App. 4th 491 · California Court of Appeal · May 24, 2012

“We reject this concept” because “[i]ts inevitable consequence would be to confer tribal immunity on every entity established by an Indian tribe . . . .” … This fact may not be dispositive of the sovereign immunity issue, but the full extent and nature of the financial ties between the entities is clearly a factor to be weighed in the analysis.

Boub v. Township of Wayne

291 Ill. App. 3d 713 · Appellate Court of Illinois · Sep 9, 1997

Illinois case law has clearly established that, under section 3—102(a) of the Act, vehicles, as defined by the Vehicle Code, are intended users of public streets, roadways, and highways and that, with narrow exceptions, pedestrians … Recognizing that the legislature has established a clear public policy to immunize government from the financial burdens of preventing injuries that occur as a result of unintended uses of roadways, our supreme court has