Case law

Opinion No.

Arkansas Attorney General Reports · Dec 16, 2004

Section 16-55-101 (Repl. 1999) further affords qualified tort immunity to any volunteer firefighter serving a privately organized fire department. … Section 20-22-808 (Repl. 2000) likewise affords qualified tort immunity to any certified fire department.

(1996)

81 Op. Att'y Gen. 232 · Maryland Attorney General Reports · Feb 20, 1996

to avoid the duty to defend or indemnify an employee established in this subsection. … Qualified Immunity For Public Officials The State's Attorneys' Coordinator is not entitled to assert immunity enjoyed by a public official.

Opn. No.

New York Attorney General Reports · Jun 1, 1992

The nurse practitioner shall obtain a certificate from the department upon successfully completing a program including an appropriate pharmacology component, or its equivalent, as established by the commissioner's regulations … The names of the nurse practitioner and the collaborating physician shall be clearly posted in the practice setting of the nurse practitioner. Id., § 6902(3)(c).

Opinion No. (1977)

Nebraska Attorney General Reports · May 20, 1977

Clearly, such subdivision plats, maps and other documents do not ipso facto create artificial obstructions under the statutory definition of the term. … These terms clearly suggest an existing physical use rather than an intended, permitted or planned use.

Ago

Florida Attorney General Reports · Aug 29, 1974

Thus, it was clearly the intent of the legislature that this legislation should refer to alcoholics and alcoholism only. … A qualified privilege exists when a public official exercises discretion while performing his duties precluding individual liability for the performance of official responsibilities if undertaken in good faith; this privilege

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2001

Controlling noise pollution, air pollution and traffic congestion clearly qualifies as a legitimate state objective, and the statute at issue is just as clearly rationally related to achieving that end. … This nondiscriminatory legislation does not implicate the privileges and immunities clause. Assistant Attorney General Jack Druff prepared the foregoing opinion, which I hereby approve.

Maryland Attorney General Opinion 105OAG003

Maryland Attorney General Reports · Jan 10, 2020

thus it may provide immunity only in cases where the physician could not be found liable in any event. … If the words of the statute, read in context, are both “unambiguous and clearly consistent with the statute’s apparent purpose,” our inquiry usually ends there. Id.

Opinion No.

Arkansas Attorney General Reports · May 20, 1998

I will note, however, that board members may be entitled to limited immunity in certain instances under the provisions of A.C.A. § 16-120-102 or A.C.A. § 19-10-305 . … Again, though, the question of whether these statutory grants of limited immunity will be applicable will depend upon the nature of the violation in question.

Opinion No.

Arkansas Attorney General Reports · Apr 28, 1989

Having resolved the Department's general authority to establish such clinics under Question One above, the only remaining issue under Question Two is whether the clinic could be established without the agreement or request … There is some authority for the proposition that this immunity, however, does not obtain where the act of the employee is in violation of a clearly established law of which a reasonable person would have been aware.

Ago

Florida Attorney General Reports · Mar 28, 1984

As emphasized in AGO 74-255, The antinepotism statute was clearly not intended to prevent relatives from working together in public employment. … [and] [f]or this reason, . . . the [civil service] board fails to qualify as a `public official' under the definition prescribed by [s 116.111, F.S.]."

Opinion No.

Arkansas Attorney General Reports · Feb 22, 2002

The term "public body" has been consistently applied in the Code to entities that appear clearly to qualify as "units of government." … In my opinion, again assuming the constitutionality of the Act, a water authority clearly qualifies as a "public employer," and employee salaries paid from bond revenues and rate collections likewise qualify as "funds appropriated

Opinion No.

Arkansas Attorney General Reports · Apr 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas.[ 1 ] While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new … In my opinion, the Agreement would consequently be immune from constitutional challenge under this provision. 4 Subsection 25-20-103 (1)(B) of the Arkansas Code (Supp. 2007) provides in pertinent part: As used in this chapter

Opinion No.

Arkansas Attorney General Reports · Jan 18, 2008

Under current law, only ADFA has the authority to acquire qualifying single family mortgage loans in Arkansas. 1 While the PFB could refund the prior bonds, it cannot, on its own, utilize the refundings to generate new loans … The ADFA is clearly an agency of state government. The PFB is further an arm of the county, see A.C.A. § 14-137-106 (Repl. 1998), and hence a political subdivision of the state.

Opinion No.

Arkansas Attorney General Reports · Oct 23, 1991

Supp. 1991), clearly contemplate appointment and promotion to department positions being made on the basis of competetive examination. Even a "lateral transfer" would, in my opinion, constitute an appointment. … Finally, it should be noted that because civil service rights are not clearly established rights under the federal constitution, officers violating those rights are entitled in their individual capacities to qualified immunity

Opinion No. Oag 59-78, (1978)

67 Op. Att'y Gen. 218 · Wisconsin Attorney General Reports · Aug 11, 1978

The statute in broad terms first establishes a general civil immunity for persons rendering emergency care. … It is my opinion that the Legislature, in qualifying immunity for "employes trained in health care or health care professionals," intended to underscore its *Page 220 intention to encompass any person who is engaged in the

Opinion No.

Arkansas Attorney General Reports · Jul 10, 1989

It may therefore reasonably be concluded that the motor vehicle qualifies as one which is "used by" the county when the auxiliary deputy is engaged in official duties. … This act establishes a State Office of Emergency Services and authorizes the creation of comparable local organizations. A.C.A. 12-75-102 and 12-75-109 .

(2001)

86 Op. Att'y Gen. 193 · Maryland Attorney General Reports · Aug 23, 2001

The application of the doctrine in a particular case depends on: (1) whether the entity asserting immunity qualifies for its protection; and (2) whether the General Assembly has waived immunity, either directly or by necessary … Nothing in the statute establishing the Office of People's Counsel demonstrates any intent by the Legislature to waive immunity generally as to the Office.

Opinion No.

Arkansas Attorney General Reports · Dec 12, 2007

State law to my knowledge establishes no general statutory procedures governing the enforcement of covenants or other private agreements affecting the use of real property. … As "agents of the state," Quapaw Central Business Improvement District , supra , supported through local assessments, A.C.A. § 14-92-225 — 228, suburban improvement districts clearly fall within this statute.

Opn. No.

New York Attorney General Reports · Oct 18, 1977

Such rules and regulations may establish limitations on the distances which may be traveled outside the area to be served in order to reach hospitals, clinics, sanatoriums or other places where care and treatment is to be … In our opinion, subject to the restraints adopted pursuant to General Municipal Law § 209-b , subdivision 2, paragraph h by the authorities having control of your squad, there would appear to be no reason why a qualifying

(2011)

96 Op. Att'y Gen. 75 · Maryland Attorney General Reports · Oct 5, 2011

The Coordinator is to establish and implement training programs for State's Attorneys and their staffs, devise uniform reporting procedures for gathering statistical information related to the prosecutorial function, and … Fitzsimmons , 509 U.S. 259 , 269 (1993). 5 With respect to coverage under the Maryland Tort Claims Act, it is our view that an individual appointed as a Special Assistant State's Attorney will qualify for coverage under the