Case law

Standard v. Hobbs

263 Ga. App. 873 · Court of Appeals of Georgia · Nov 4, 2003

The doctrine of official immunity, also known as qualified immunity, offers public officers and employees limited protection from suit in their personal capacity. … The court held that the officers “were exercising their discretion” and were entitled to qualified immunity. Id. at 125-126 (2).

Centennial Land & Development Co. v. Township of Medford

165 N.J. Super. 220 · New Jersey Superior Court Appellate Division · Jan 3, 1979

Neb. 1976) (planning commissioners granted qualified immunity for *234 denial of variance); 2 David v. Nuss, 432 F. Supp. 44 (S. D. Tex. 1977) (Civil Service Board members granted qualified immunity) with Condosia v. … This court is of the view that the qualified immunity formula established in Wood v. Strickland would not sufficiently guard the policy sought to be protected here.

Evans v. State of New York

130 A.D.3d 1352 · Appellate Division of the Supreme Court of the State of New York · Jul 23, 2015

immunity. … With respect to highway safety and design, however, defendant is "accorded a qualified immunity from liability arising out of a highway planning decision" (id. at 283; see Graff v State of New York, 126 AD3d 1081, 1083 [2015

Zaire Webb v. Washington State University

Court of Appeals of Washington · Nov 17, 2020

WSU qualified immunity but was entitled to quasi-judicial immunity. … Qualified immunity generally shields government officials performing discretionary functions from suit so long as their conduct does not violate clearly established statutory or constitutional rights of which reasonable

Clayton Franklin as Adminstrator for the Estate of Cody J. Franklin v. City of Ozark, Arkansas; Nathan Griffith; And Joseph Griffith

2025 Ark. App. 308 · Court of Appeals of Arkansas · May 14, 2025

The district court denied summary judgment as to Officer Nathan Griffith and Sergeant Joseph Griffith and found that Officer Griffith and Sergeant Griffith were not entitled to qualified immunity as to appellant’s federal … Appellees generally denied the allegations and alleged multiple affirmative defenses, including that the claims were filed outside the statute of limitations and appellees were entitled to statutory and qualified immunity

Commonwealth v. Bennett

553 S.W.3d 268 · Court of Appeals of Kentucky · Jun 22, 2018

Immunity from prosecution is provided when the explicit conditions described in KRS 503.085 are clearly met. … This statute qualifies justification in cases of imperfect self-defense, when the defendant's use of force harms an innocent third party, or when the defendant is unreasonable in believing he was justified in the level of

the City of Laredo and Agustin Dovalina, III v. David Leal

Texas Court of Appeals, 4th District (San Antonio) · Dec 29, 2004

Qualified Immunity Dovalina next argues the trial court erred in denying his motion for summary judgment on Leal's substantive and procedural due process claims on the ground of qualified immunity. (3) We again agree. … "The well-established test for qualified immunity requires us to engage in a two-step inquiry." Sanchez v. Swyden , 139 F.3d 464, 466 (5th Cir.), cert. denied , 525 U.S. 872 (1998).

Schnabel v. Tyler

32 Conn. App. 704 · Connecticut Appellate Court · Aug 31, 1993

A trial court may prohibit a government official from raising the qualified immunity defense to his action if the judge determines that the law is clearly established at the time the official acted. … “If the law *722 was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Id., 818-19 . In Donahue v.

Moskovitz v. City of New York

130 A.D.3d 991 · Appellate Division of the Supreme Court of the State of New York · Jul 29, 2015

The City moved for summary judgment dismissing the complaint based on both qualified governmental immunity and governmental function immunity, and separately moved for leave to serve an amended answer that included those … Contrary to the City’s contention, it failed to establish its prima facie entitlement to judgment as a matter of law on the basis of qualified governmental immunity.

Davis v. Medical Evaluation Specialists, Inc.

31 S.W.3d 788 · Court of Appeals of Texas · Nov 2, 2000

Dozier based upon either absolute derived judicial immunity or qualified “good faith” immunity. These appellees rely heavily on Delcourt v. … No summary judgment evidence clearly establishes that sequence of events, however. Therefore, we decline to draw this inference. . EBI employees acted on behalf of CIC concerning appellant's claim. .

Richardson v. Parker

903 S.W.2d 801 · Texas Court of Appeals, 5th District (Dallas) · Jun 6, 1995

The question is: Could a reasonable official have believed his conduct was lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred? Id. … He stated that he is the duly elected and qualified constable for justice precinct 3 of Dallas County.

Quintana v. City of Westminster

2000 Colo. J. C.A.R. 641 · Colorado Court of Appeals · Feb 3, 2000

The burden of proving jurisdiction is on the plaintiff, and the trial court's findings of fact supporting a determination under the Act will not be reversed unless clearly erroneous. … Macaluso, supra, 892 P.2d at 277 (§ 24-10-106(1)(a) of the Act "does not require emergency vehicle operators to comply with section 42-4-106(4) in order to qualify for sovereign immunity").

Tarrant County v. Bivins

936 S.W.2d 419 · Court of Appeals of Texas · Jan 16, 1997

The County and Sheriff Williams filed their motion for summary judgment alleging, among other defenses, the defense of qualified or official 2 immunity as to all causes of action. … ¡T)he elements of official immunity and qualified immunity appear for all practical purposes to be the same.

Emanuel's, L.L.C. v. Restore Marietta, Inc.

206 N.E.3d 116 · Ohio Court of Appeals · Jan 17, 2023

The court found that the facts in the complaint were “insufficient to establish any of the exceptions to immunity.” The court also found the City immune from the Valentine Act claim under the state action doctrine. … . {¶29} Emanuel’s also suggests that the City qualifies as a “person” who can violate the Valentine Act, asserting that the United States Supreme Court “has established that a municipal corporation can also be a

Brook v. April

294 N.J. Super. 90 · New Jersey Superior Court Appellate Division · Sep 30, 1996

The judge reasoned that, if the municipal defendants were immune under the Tort Claims Act, defendants in this suit could not be liable for omitting to file the notice required to qualify plaintiff as a claimant under that … The same conclusion governs the relationship between causes of action conferred by the Workers' Compensation Law and the categorical immunities established in the Tort Claims Act.

Dunagan v. Seely

533 So. 2d 867 · District Court of Appeal of Florida · Oct 28, 1988

Yamuni, 529 So.2d 258 (Fla. 1988), in which the court considered the establishment in Commercial Carrier Corporation v. … There, the court determined that the case worker actions did not rise to the level of basic policy making decisions and thus did not qualify for immunity under the Commercial Carrier exception. Compare Durrance v.

Fernandez, Michael Joseph v. Ruben Jaime Rivera

Texas Court of Appeals, 1st District (Houston) · Aug 30, 2002

The court derived this test from federal immunity law and stated as follows: [W]e 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 … Qualified immunity is also referred to as official immunity. Brand , 920 S.W.2d at 674 .

Hastings v. Demming

682 So. 2d 1107 · District Court of Appeal of Florida · Jul 31, 1996

We concluded, instead, that the trial court had clearly indicated that there were unresolved issues of fact as to whether or not the appellant was entitled to such immunity. … In responding to a certified question, the court in Tucker held that an order denying a motion for summary judgment asserting the defense of qualified immunity to a federal civil rights claim brought in a Florida court was

Chirieleison v. Lucas

144 Conn. App. 430 · Connecticut Appellate Court · Jul 30, 2013

activity; (2) the decedent was not an identifiable person subject to imminent harm and, therefore, not within the exception to qualified governmental immunity; and (3) the plaintiff failed to establish a prima facie case … On count two, the court rendered summary judgment based on a similar qualified governmental immunity analysis, as well as a conclusion that the plaintiff failed to establish a prima facie case of negligence.

Mesgleski v. Oraboni

330 N.J. Super. 10 · New Jersey Superior Court Appellate Division · Apr 3, 2000

The legislative goal of the Act is "to re-establish immunity for all governmental bodies within its definition of `public entity.' … The Supreme Court set forth the defense of qualified (or good-faith) immunity and its purpose as follows: ...