Case law

Fann v. City of Fairview

905 S.W.2d 167 · Court of Appeals of Tennessee · Nov 18, 1994

They asserted, inter alia, a qualified immunity defense as to the § 1983 action and governmental immunity pursuant to the Governmental Tort Liability Act, T.C.A §§ 29-20-101, et seq. as to the state law claims. … that would afford a qualified immunity defense to a municipal corporation.

Stanley Brumer v. City of Los Angeles

24 Cal. App. 4th 983 · California Court of Appeal · Apr 29, 1994

Appellants contend: (1) the policy does not qualify under the statute unless approved by either the police commission or the city council; (2) a public entity loses the statutory immunity if a plaintiff can prove, at trial … The answer filed by the city and the officers alleged, “these Defendants are immune from liability . ...” A clearly stated affirmative defense needs no citation to statutory authority to be well pleaded.

McAlexander v. Siskiyou Joint Community College

222 Cal. App. 3d 768 · California Court of Appeal · Jul 30, 1990

In the present case, we find the omission of language limiting immunity to liability for acts at the scene of an emergency in section 1799.100 clearly reflects the Legislature’s intention not to limit immunity to third party … In each of the foregoing sections immunity is qualified by a requirement that immunity shall not apply if the acts are not performed in good faith, or are performed in a grossly negligent manner.

Freda Hostler; Kimberly Steward; Stephanie Moten; And Eylorna Bones v. Nathaniel Dennison, Angela Newcomb, Cecile Blucher, and Becky Dunagin, Individually and in Their Official Capacities; And Arkansas Department of Human Services, Division of Children and Family Services

601 S.W.3d 142 · Court of Appeals of Arkansas · Apr 22, 2020

As in Harris, the appellees argued that they were entitled to statutory and qualified immunity as to the individual-capacity claims; however, the circuit court relied on sovereign immunity to dismiss all the claims. … clearly means to reverse.

Moulton v. State

114 A.D.3d 115 · Appellate Division of the Supreme Court of the State of New York · Dec 26, 2013

More recently, the Second Circuit held that, as of its 2006 decision in Earley , it was clearly established, for purposes of qualified immunity, that administrative imposition of PRS violated federal due process guarantees … immunity.

Casey N. v. County of Orange

California Court of Appeal · Dec 23, 2022

“Government employees generally are shielded by qualified immunity ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … To determine whether qualified immunity applies, the court makes a two-pronged inquiry: (1) has a constitutional right been violated, and (2) was that right clearly established at the time of the defendant’s alleged misconduct

Littleton v. State

954 N.E.2d 1070 · Indiana Court of Appeals · Oct 6, 2011

Qualified Immunity We turn now to the dispositive question here, whether the events of February 18, 2010, come within the qualified immunity extended to Littleton as a teacher in loco parentis. … She claims that her acts were privileged because they come within the qualified immunity afforded to teachers under Indiana law.

Bonds v. Missouri Department of Mental Health

887 S.W.2d 418 · Missouri Court of Appeals · Oct 4, 1994

Bowers claims he has qualified immunity from a suit for damages based on his alleged violations of Bonds’ constitutional rights. He relies on Harlow v. … [T]he judge appropriately may determine, not only the currently applicable law, but whether that law was clearly established at the time an action occurred.

Nelson v. Board of Regents of the University System of Georgia

307 Ga. App. 220 · Court of Appeals of Georgia · Dec 1, 2010

Given the foregoing, we conclude that the Resident Defendants’ qualified immunity claim is controlled by our decision in Bonner v. *230 Peterson, 38 in which we held that a resident physician at MCG was entitled to qualified … within the scope of their duties as MCG residents when they assisted in Nelson’s treatment, we hold that they were clearly entitled to immunity under the GTCA. 45 Decided December 1, 2010 Steven L.

City of Houston v. Newsom

858 S.W.2d 14 · Court of Appeals of Texas · Jun 24, 1993

The city and the two officers moved for summary judgment based on the qualified immunity of the officers, the city’s governmental immunity based on the officer’s qualified immunity, and the non-existence of a cause of action … Officer Stivers and Sergeant Zumwalt based their motion for summary judgment on the doctrine of qualified or official immunity. The city based its immunity on that of the officers.

People of Michigan v. Vanessa Aidee Mansour

325 Mich. App. 339 · Michigan Court of Appeals · Jul 19, 2018

In other words, the language establishing limited immunity in § 4 of the MMMA expressly conditions that immunity on the person possessing no amount of marijuana that does not qualify as usable marijuana … In other words, the language establishing limited immunity in § 4 of the MMMA expressly conditions that immunity on the person possessing no amount of marijuana that does not qualify as usable marijuana

Doyle v. Lonesome Dev., Ltd. Liab. Co.

254 So. 3d 714 · Louisiana Court of Appeal · Jul 18, 2018

The Supreme Court held that immunity under La. R.S. 9:2791 clearly does not apply when the premises were used principally for a commercial recreational enterprise for profit. However, the Supreme Court found that La. … Once a defendant establishes that it was entitled to immunity under La. R.S. 9:2795, the burden of establishing a malicious or willful failure to warn of a dangerous condition shifts to the plaintiffs. Richard v.

Metropolitan Edison Co. v. Reading Area Water Authority

937 A.2d 1173 · Commonwealth Court of Pennsylvania · Dec 12, 2007

Latrobe Municipal Authority, 913 A.2d 988 (Pa.Cmwlth.2006), the trial court determined that a per se violation of the Act does not create a dangerous condition of Reading’s facilities, so as to qualify under the exception … Clearly, the dangerous condition, as alleged, originated with the conduct of Reading’s employees.

Monell v. Cherokee River, Inc.

347 P.3d 1179 · Colorado Court of Appeals · Feb 26, 2015

This immunity attaches not only to the employer through which the worker obtained workers' compensation benefits, but also to any other employer that qualifies as a statutory employer. … We agree with Monell that, pursuant to Cow-ger and Finlay, to qualify for statutory employer immunity both sections 8-41-401(1)(a) (defining statutory employer) and -401(2) {statutory employer immune if subcontractor maintains

Jimmie Dewayne Hudson v. State

Texas Court of Appeals, 10th District (Waco) · Apr 12, 2006

Appellees assert the affirmative defense of qualified immunity. … This immunity shields a state official from liability for damages unless his conduct violates "clearly established statutory or constitutional right of which a reasonable person would have known." Harlow v.

Petronic v. City of New York

2022 NY Slip Op 07085 · Appellate Division of the Supreme Court of the State of New York · Dec 14, 2022

. [*2]The City defendants argued, among other things, that they were entitled to summary judgment based upon qualified immunity and a lack of notice that the intersection was unsafe. … To be entitled to qualified immunity, the municipality "must demonstrate 'that the relevant discretionary determination by the governmental body was the result of a deliberative decision-making process'" ( Ramirez v State

Cooley v. Acadian Ambulance

2010 La.App. 4 Cir. 1229 · Louisiana Court of Appeal · May 4, 2011

Embry and his mother had qualified for an evacuation assistance program for disabled and homebound residents in the event of a hurricane or other catastrophic event. … The court stated: The Lafayette City-Parish Consolidated Government is clearly a political subdivision of the state, so that it is immunized from liability for injuries suffered by persons as a result of the City’s response

Baltimore Police Department v. Cherkes

140 Md. App. 282 · Court of Special Appeals of Maryland · Sep 6, 2001

claimed is a qualified immunity, not an absolute immunity, however, application of the collateral order doctrine is not as clear-cut, for two reasons. … In contrast, “public official immunity is qualified, not absolute.

Bolton v. DEPT. OF HUMAN SERVICES, STATE

527 N.W.2d 149 · Court of Appeals of Minnesota · Mar 29, 1995

The district court dismissed this claim on the basis that respondents were entitled to official immunity- An official is entitled to immunity when the official has not violated clearly established law. Finch v. … To penetrate the government officials’ qualified immunity, the balance must be in favor of the employee to a degree that evidences a clearly established right.

State Ex Rel. Cooper v. Seneca-Cayuga Tobacco Co.

197 N.C. App. 176 · Court of Appeals of North Carolina · May 19, 2009

(Wachovia), under which Defendants appointed Wachovia to serve as Escrow Agent of the “Qualified Escrow Fund” that Defendants were required to establish under the Act. … As a result, the record clearly establishes that the trial court considered, apparently without objection, materials outside the pleadings in deciding Defendants’ dismissal motion. 2 .