Case law

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).

Garcia v. American Golf Corp.

11 Cal. App. 5th 532 · California Court of Appeal · May 3, 2017

Even if the walkway qualifies as a trail, City is not entitled to trail immunity. … These cases pertain to whether a particular path qualifies as a trail for purposes of trail immunity. Neither case analyzes a causation issue similar to the one herein. V.

Edinburg Consolidated Independent School District v. Cristina L. Esparza

Texas Court of Appeals, 13th District · Dec 1, 2022

We applied collateral estoppel to the Commissioner’s decision, finding that it “clearly establishes, legitimate, non-discriminatory reasons for the adverse action.” Id. … Rather, we simply held that “the decision of the Commissioner . . . clearly establishes legitimate, non-discriminatory reasons for the adverse action.”

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 .

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.

Kubik v. New York State Department of Social Services

244 A.D.2d 606 · Appellate Division of the Supreme Court of the State of New York · Nov 6, 1997

However, the record clearly established that Jennifer was back in Kubik’s home when “the report of suspected child abuse or maltreatment” was made on February 19, 1991. … As Martin is a police officer, his affidavit is entitled to a qualified immunity (see, Hunter v Bryant, 502 US 224, 227 ).

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.

Dept. of Children and Families v. Feliciano

259 So. 3d 957 · District Court of Appeal of Florida · Nov 28, 2018

19  the qualified immunity of public officials is illusory and the very policy that animates the decision to afford such immunity is thwarted. … Well-settled Florida law clearly establishes that, as an inspecting agency who is not an owner or operator of the day care facility, DCF is sovereignly immune as a matter of law on the very face of Count IV of the amended

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

People v. Butler-Jackson

307 Mich. App. 667 · Michigan Court of Appeals · Nov 6, 2014

MCL 333.26424(f) and was entitled to immunity. … Rather, MCL 333.26424(f) grants immunity from arrest, prosecution, or penalty to physicians who meet the delineated requirements, just as Subsections (a) and (b) of the statute grant broad immunity to qualifying patients

Ellis v. Flannery

2021 IL App (1st) 201096 · Appellate Court of Illinois · Jun 1, 2021

She argues that the circuit court ignored her motion for default judgment and erroneously dismissed her complaint based on judicial immunity, even though “defendant is clearly not protected under this doctrine … App. 3d 353, 355 (1995)). ¶ 12 Here, the orders defendant entered were clearly judicial acts, and neither of the two exceptions to judicial immunity are present.

Cleveland Construction, Inc. v. City of Cincinnati

169 Ohio App. 3d 627 · Ohio Court of Appeals · Dec 8, 2006

to go to trial.” 53 To this end, a ruling on the issue of qualified immunity should be made as early as possible in the proceedings, before the commencement of discovery. 54 “[A] quick resolution of a qualified immunity … claim is essential.” 55 {¶ 82} “Where a defendant official is entitled to qualified immunity, the plaintiff must plead facts which, if true, describe a violation of a clearly established statutory or constitutional right

Willoughby v. Lehrbass

150 Mich. App. 319 · Michigan Court of Appeals · Apr 7, 1986

We find this argument clearly lacking in merit. … However, in order to establish bad faith under Ross, it would seem that based upon the policy of the qualified immunity doctrine a plaintiff would have to establish that the governmental actor engaged in malicious or intentionally

Marshall v. Donovan

73 Ky. 681 · Court of Appeals of Kentucky · Mar 16, 1874

The power of the states to establish and maintain systems of common schools, to raise money for that purpo.se by taxation, and to govern, control, and regulate such schools when established, is one of “the powers not delegated … If the negroes were taxed and the money expended for the exclusive benefit of the whites, the taxation would be flagrantly unjust, palpably wrong, and clearly unconstitutional.

State Ex Rel. Connors v. Ohio Dept. of Transportation

8 Ohio App. 3d 44 · Ohio Court of Appeals · Oct 21, 1982

In order to qualify to bid on ODOT projects, a contractor, prior to bidding, must qualify both financially and also as to the equal employment opportunity regulations. … The defendants claim that declaratory and injunctive relief are barred by the doctrine of sovereign immunity. In American Life & Acc. Ins. Co. v.

Intermountain Slurry Seal and/or CNA Ins. v. Commission

447 Utah Adv. Rep. 23 · Court of Appeals of Utah · May 16, 2002

Rather, it is final when the claimant/employee establishes the existence of a qualifying injury. See id. § 34A-2-413(10)(b). … The legislature clearly established that subsection (10) awards are not negotiable and not subject to reduction.

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.

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

She contended that the statement was not slanderous and that she was entitled to judicial or qualified immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

In her motion for summary judgment, Bembry raised two affirmative defenses: judicial and qualified immunity. Pease raises three issues on appeal. First, he denies Bembry's claim of immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Moity v. Busch

368 So. 2d 1134 · Louisiana Court of Appeal · Mar 7, 1979

Busch was clearly qualified as an expert in these fields and was accepted as such by the district judge. While testifying in such capacity, Mr. … It is firmly established in this state that testimony given at a judicial proceeding by a non-litigant witness carries with it absolute immunity from a defamation suit stemming from the utterance of such testimony.