Case law

Maryland Attorney General Opinion 96 OAG 076

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

Opinion No. Oag 3-76, (1976)

65 Op. Att'y Gen. 4 · Wisconsin Attorney General Reports · Feb 12, 1976

To facilitate identification of inadequately immunized persons, a pilot project designed to explore the feasibility of an immunization data system has been established in Green County. … Under either of these tests, a record of a patient's immunization status fails to qualify as a confidential matter. Individuals commonly have no expectation of privacy regarding their immunization status.

Ago

Florida Attorney General Reports · Aug 27, 1986

See also, s. 768.28 (5), F.S., establishing the monetary limitations of the state's waiver. … See, AGO 78-42 (legislatively established hospital district included within scope of s. 768.28 ); AGO 78-113 (water control district within purview of s. 768.28 [2] and therefore, monetary limitations on tort liability established

(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.

No.

Colorado Attorney General Reports · Nov 14, 1990

SUMMARY If established as contemplated, the Authority and its employees will be covered by the Colorado Governmental Immunity Act; the Authority can enforce fire codes it adopts; the Authority's firefighters will be eligible … Legal Status of Fire Authorities: If established as contemplated, the Authority and its employees will be covered by the Colorado Governmental Immunity Act; the Authority can enforce fire codes it adopts; the Authority's

Informal Opinion No.

New York Attorney General Reports · Jan 28, 1983

While a subordinate governmental unit's claim to Parker immunity is not as readily established as the same claim by a state government sued as such, we agree with the Court of Appeals that an adequate state mandate for anticompetitive … We conclude that a city adopting regulations limiting the number of taxicab licenses to be issued, as authorized by State law, and establishing standards for licensing, is, under the state action exemption doctrine, immune

Opinion No. (2001)

Nebraska Attorney General Reports · Apr 19, 2001

Additionally, new subsection (5) added by [amended] LB 536 would enable an existing plant which has not received credits prior to June 1, 1999 to qualify for credits under new subsection (4). … established by subsection (5) of the committee amendments to LB 536.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1988

While proof of intent is not required to establish liability for actual damages in a defamation action, see yornbv v . Hunter 385 S.W.2d 473 (Tex. Civ. … Immunity and Liability Act of 1987, Civ. Prac. & Rem.

Opinion No. (2006)

California Attorney General Reports · May 19, 2006

(b) [immunity of newsperson from contempt]; Code Civ. Proc., § 1986.1 [immunity for testimony given by journalist under subpoena]; Evid. … Code, § 1070 [immunity of newsperson from contempt]; see also §§ 6020-6027 [establishing standing as newspaper of general circulation].)

Opinion No.

Texas Attorney General Reports · Dec 10, 2004

Rodriguez: You ask whether the Border Health Institute created under Texas Education Code chapter 151 "generally qualifies as a state agency, and whether it: (1) is entitled to sovereign immunity; (2) must comply with the … On the other hand, under the jurisdictional test of Guaranty Petroleum and Lohec , the BHI clearly fails to qualify as a state agency within the executive branch of state government.

Ago

Florida Attorney General Reports · May 27, 1997

While a trustee may consider the advice of qualified experts, the trustee ultimately must exercise independent judgment in making these decisions. … And see, subsection (5) of the statute establishing the monetary limitations of the state's waiver of sovereign immunity at $100,000 for a claim or judgment by one person or $200,000 for all claims or judgments arising out

Opinion No. (1998)

California Attorney General Reports · Nov 16, 1998

In analyzing the relevant statutory provisions regarding these two issues, we are guided by several well established principles of statutory construction. … "Assembly Bill No. 555, patterned after Civil Code section 846 , sought to give a public entity and its employees specific qualified immunity from liability for injuries due to defined `hazardous recreational activity" on

Ago

Florida Attorney General Reports · Oct 25, 1977

SUMMARY: Assuming that it could qualify as a subscriber to a reciprocal insurance association under s. 629.191 , F. … AGO 075-114 (hospital districts not possessed of sovereign immunity).

Opinion No.

Arkansas Attorney General Reports · Jan 23, 1992

With regard to your fourth question, it must be noted that counties generally enjoy tort immunity under state law. See A.C.A. § 21-9-301 (Cum. Supp. 1991). … Under this provision, the county itself is accorded no immunity from suit and individual officers are entitled to only qualified immunity. See generally, Anderson v. Creighton, 483 U.S. 635 (1987).

Opn. No.

New York Attorney General Reports · Dec 21, 1982

The powers of peace officers have been keyed, more narrowly and clearly than before, to acting pursuant to the special duties of his or her office (Bellacosa, Practice Commentary, McKinney's Criminal Procedure Law, § 2.20 … Even prior to the adoption of chapter 843 of the Laws of 1980, this exemption was not viewed as immunizing peace officers from restriction on their use of weapons by their employers.

Ago

Florida Attorney General Reports · Apr 22, 1975

hospital would not be restricted to the monetary limitations on tort claims established by s. 768.28 (5) and (10), F.S. … Golden et al., 56 So.2d 911 , 913 (Fla. 1952), that the activities of a legislatively established hospital district fall more clearly in the category of "proprietary" functions than "governmental" functions, as to those patients

Opinion Number

Louisiana Attorney General Reports · Jan 17, 1996

may any qualified elector cast a vote in these elections? … Unless the fundamental rights or privileges and immunities of a person are involved, a strong presumption exists that the legislature in adopting legislation has acted within its constitutional authority.

Opinion No.

Arkansas Attorney General Reports · Mar 18, 1992

It should also be noted that the Youth Services Board, as an establishment of state government, will be entitled to the immunity granted by Arkansas Constitution, art 5 , § 20 . … Different consideration, however, will apply in federal court, where "qualified immunity" is the rule. See e.g. Fogle v. Benton County Scan, 665 F.Supp. 729 (W.D. Ark 1987).

Opinion No.

Texas Attorney General Reports · Sep 2, 1988

The Act clearly protects nonprofit (whether or not tax-exempt) entities organized and operated for educational purposes as "charitable organizations." Civ.Prac. Rem. Code § 84.003(1)(A) and (B). … While proof of intent is not required to establish liability for actual damages in a defamation action, see Hornby v. Hunter, 385 S.W.2d 473 (Tex.Civ.App.

Ago

Florida Attorney General Reports · Sep 10, 1976

The purpose of the act, as indicated by its title, is: To amend the Public Health Service Act to authorize the establishment and implementation of an emergency national swine flu immunization program and to provide an exclusive … I understand that, after you wrote your letter to me, you have been asked whether a private health agency may be reimbursed for its expenses and still qualify as a "program participant."