Case law

Ex Parte Patman

1 Okla. Crim. 141 · Court of Criminal Appeals of Oklahoma · Apr 15, 1908

It would seem to have long since been much too well established by the common law as well as our statutes that an indictment not void upon its face, regularly returned to and pending in a court having jurisdiction thereof … Where shall the party charged with a crime by indictment plead such immunity?

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.

Michael Whittaker v. State of Indiana

33 N.E.3d 1063 · Indiana Court of Appeals · May 20, 2015

[10] Five years after establishing the two-step analysis in Collins, our Supreme Court again dealt with Section 23 in Rondon v. State, 711 N.E.2d 506 (Ind. 1999). … [11] Similarly, we need not discuss whether Indiana Code section 1-1-5.5-21 passes the first prong of the Collins analysis because it clearly fails on the second prong.

Harnish v. Smith

138 Cal. App. 2d 307 · California Court of Appeal · Jan 5, 1956

They contend that this absolute privilege is qualified to this extent and cite 16 Cal.Jur. page 66, section 37, which cites Carpenter v. Ashley, 148 Cal. 422 [ 83 P. 444 , 7 Ann.Cas. 601] ; and Gosewisch v. … Plaintiffs’ final contention that a stranger to the controversy or subject matter lifts the immunity provided by section 47, subdivision 2 of the Civil Code from the maker of alleged defamatory statements, is without merit

Broc Rittenhouse v. Derek Dixon

Michigan Court of Appeals · Oct 16, 2024

immunity under federal law which has a different legal framework than qualified immunity under our state law. … Under federal law, qualified immunity is not available if a clearly established constitutional right is violated. Id. at 422.

Hall v. Brookshire Bros., Ltd.

831 So. 2d 1010 · Louisiana Court of Appeal · Nov 27, 2002

Its judgment will remain undisturbed unless clearly erroneous. Abshire v. Wilkenson, 01-75 (La. App. 3 Cir. 5/30/01); 787 So.2d 1158 . … R.S. 40:1299.42(B)(2) clearly says that "[a] health care provider qualified under this Part is not liable for an amount in excess of one hundred thousand dollars plus interest thereon ...." (Emphasis added.)

MHCB (USA) Leasing & Finance Corp. v. Galveston Central Appraisal District

249 S.W.3d 68 · Texas Court of Appeals, 1st District (Houston) · Nov 6, 2007

Nonetheless, suits to establish a contract’s validity, to enforce its performance, or to impose its liabilities are suits against the State that are precluded by the doctrine of immunity from suit. … Tax Code Ann. § 6.41 (a) (Vernon Supp.2006) (establishing appraisal review boards for each appraisal district); Cameron Appraisal Dist. v.

Laabs v. City of Victorville

163 Cal. App. 4th 1242 · California Court of Appeal · Jul 7, 2008

bears the burden of establishing each of the three elements of the loss of the immunity. … The City argues that it established each element of design immunity and, therefore, “because [it] is clearly immune from liability, [plaintiff’s] pursuit of her claims was unreasonable as a matter of law.”

City of Denton v. Mathes

528 S.W.2d 625 · Court of Appeals of Texas · Oct 3, 1975

That court held that the Texas Tort Claims Act “provides for the notice requirements, and sec. 16 of the Act is clearly intended to be an exclusive notice requirement for purposes of bringing suit under the Act. . . . … Where the Act waives governmental immunity and no exclusion or express provision limits this immunity, the general law of this State will apply to the litigants in the same manner that it would apply to individuals.

White v. State

66 O.B.A.J. 1249 · Court of Criminal Appeals of Oklahoma · Mar 29, 1995

absolute immunity from unrelated prosecutions. 33 Similarly, the Oklahoma Drug Tax Stamp Act’s immunity/anonymity provisions will be construed to extend both use and derivative-use immunity in order to comply with both the … convictions on pleas of guilty are used to enhance punishment, an affirmative showing that the defendant was represented by counsel and advised of his rights, before he entered his guilty pleas, is essential. 51 Staten is clearly

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.

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.

RIVERSIDE TRANSPORTATION INC. v. Burke

978 So. 2d 1261 · Louisiana Court of Appeal · Mar 26, 2008

However, a qualified immunity generally applies to most acts of government officials, unless their conduct violates clearly established statutory or constitutional rights of which a reasonable person would have known. [5] … App. 1 Cir. 2/21/07), 959 So.2d 990 , 994 n.2, writ denied, XXXX-XXXX (La. 6/22/07), 959 So.2d 500 . [5] Plaintiffs correctly point out that a defense of qualified immunity must be specially pled, and that defendants herein

Liberty Bank of Seattle, Inc. v. Henderson

75 Wash. App. 546 · Court of Appeals of Washington · Aug 29, 1994

Clearly, RCW 30.12.040 provides that the supervisor must comply with the statutory requirements when exercising his or her formal authority to remove. … These statements appear to be relatively innocuous and may well not be defamatory, or may be protected by an absolute or qualified privilege.

Muammer David Oksuz v. Harmony Public Schools

Texas Court of Appeals, 3rd District (Austin) · Mar 11, 2026

Harmony filed a combined plea to the jurisdiction and, in the alternative, motion for partial traditional summary judgment, arguing that its governmental immunity was not waived because Oksuz had not established a prima … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (Garcia I) (“[A]ll the courts of appeals that have considered it have concluded that the TCHRA clearly and unambiguously waives immunity, and we agree.”); Tex. Lab.

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.

Smith v. Evans

42 Cal. App. 3d 154 · California Court of Appeal · Sep 30, 1974

The settled inhabitant is immune from the “carpet-bagger” label; the newcomer must actively overcome it. … at p. 109), these charters are restricted by the “privileges or immunities” clause of the state Constitution.

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

Edward Rudolph Turnbull, IV v. Commission for Lawyer Discipline, Daniela Grosz, Daniel Martinez, Seana Willing, John S. Brannon, Amanda Kates, Jenny Hodgkins, and the Board of Directors of the State Bar of Texas, Cindy v. Tisdale, Steve Benesh, Laura Gibson, Kennon Lily Wooten

Texas Court of Appeals, 15th District · Mar 10, 2025

Turnbull Has Established Standing. … believed it necessary to clearly provide immunity to Appellees, the Legislature would have done so at any point over the last 85 years of the State Bar Act’s reign.

Mireyda Gonzalez and Joel Gonzalez v. City of Vidor

Texas Court of Appeals, 9th District (Beaumont) · Apr 23, 2026

The City maintained that the Gonzalezes’ suit must be dismissed for lack of subject matter jurisdiction because they failed to establish a waiver of the City’s governmental immunity from suit and liability. … The City argued that the Gonzalezes’ Second Amended Petition does not allege facts or evidence establishing a waiver of its governmental immunity or negating the applicability of section 101.055(2).