Case law

Opinion No.

Texas Attorney General Reports · Jan 8, 1987

Although the clause qualifying the terms "nonresident bidder" and "Texas resident bidder" is clumsy, we believe its meaning can be fairly ascertained. … No. 620, 69th Leg., (1985)) describes its purpose as one to establish a reciprocity requirement in the award of state contracts so that bidders from other states would face the same underbid requirement in Texas contracts

Ago

Florida Attorney General Reports · Feb 5, 1999

the statute allowing payment of a judgment against the state or its agencies and subdivisions. 1 State agencies or subdivisions within the scope of section 768.28 , Florida Statutes, are defined to include "independent establishments … ARA Health Services, Inc., 638 So.2d 85 , 86-87 (Fla. 2d DCA 1994) (corporation contracted to provide medical services to county jail not a state agency where contract clearly defined relationship as that of independent contractor

Attorney General Opinion No.

Kansas Attorney General Reports · Nov 21, 1995

Under prior law, appointees to these entities generally served for a fixed term and until their successors were appointed and qualified . … A statute is not struck down by the courts as unconstitutional unless it clearly infringes upon the superior law beyond substantial doubt.

Opinion No.

Texas Attorney General Reports · Jul 22, 2009

Thus, we understand those questions to relate to a municipality's immunity from suit , which works to bar an action unless consent to suit can be established. See Wichita Falls State Hosp. v. … Because a municipality is just one of the various entities encompassed within the term person, we conclude that the term municipality is used in section 1954.259(b) for the purpose of clearly identifying the entity to which

(1974)

63 Op. Att'y Gen. 136 · Wisconsin Attorney General Reports · Apr 29, 1974

County highway committees are established by sec. 83.015 , Stats. Subsection (1) provides, in part: ". . . … (Emphasis supplied.) 32 OAG at 351 In doing so, the opinion qualified Rinder, supra , on the basis of Joyce, supra . I concur in that assessment.

Opinion No.

Arkansas Attorney General Reports · Oct 14, 2009

BY A STATE AGENCY OR POLITICAL SUBDIVISION; PROVIDING THAT VERIFICATION OF LAWFUL PRESENCE SHALL NOT BE REQUIRED FOR EMERGENCY MEDICAID, FOR SHORT-TERM, IN-KIND EMERGENCY DISASTER RELIEF, FOR PUBLIC HEALTH ASSISTANCE FOR IMMUNIZATIONS … In addition, following Arkansas Supreme Court precedent, this office will not address the constitutionality of proposed measures in the context of a ballot title review unless the measure is "clearly contrary to law."

Opinion No. (1989)

Nebraska Attorney General Reports · Apr 10, 1989

The standard is also sufficiently vague that it would be difficult for an applicant to garner evidence which would establish that all of the criteria have been met. … However, no criteria have been established to determine under which classification a particular application, suspension, cancellation or revocation will be processed.

(2001)

86 Op. Att'y Gen. 253 · Maryland Attorney General Reports · Nov 28, 2001

However, even if a board's rejection of an agreement restricted competition, that decision may be immune from attack under the antitrust laws in accordance with the state action immunity doctrine. See Parker v. … To enjoy such immunity, the challenged action must be based on a clearly articulated and affirmatively expressed state policy. 9 See California Retail Liquor Dealers Ass'n v. Midcal Aluminum, Inc., 445 U.S. 97 (1980).

Opinion No. (1979)

Nebraska Attorney General Reports · Jul 19, 1979

The Supreme Court examined both the scope of the immunity of a U.S. … (The reason Proxmire wanted to establish that the plaintiff was a `public figure' was because the Supreme Court had held in New York Times v.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1987

Although the clause qualifying the terms "nonresident bidder" and "Texas resident bidder" is clumsy, we believe its meaning can be fairly ascertained. … No. 620, 69th Leg., (1985)) describes its purpose as one to establish a reciprocity requirement in the award of state contracts so that bidders from other states would face the same underbid requirement

Opinion Number

Louisiana Attorney General Reports · Sep 17, 2007

But an executive order cannot legislate new law or attempt to adopt what the legislature has clearly rejected. … In this instance, the federal statute very clearly specifies that a qualified Gulf Opportunity Zone Bond is to be designated as such by the Louisiana State Bond Commission.

Abortion Statutory Interpretation –Whether Section 20-208 of the Health-General Article Prohibits Nurse Practitioners, Certified Nurse Midwives, and Physician Assistants from Providing Medication Abortions – Whether the Same Statute Prohibits Physician Assistants from Performing Surgical Abortions

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 · Aug 17, 1994

As for any federal claim that might arise in the civil context, it should be noted that public officers and employees are generally entitled to qualified immunity in the federal courts. See Fogel v. … Ark. 1987). 5 In previous opinions issued by this office, it was stated that the law pertaining to records of the ACIC qualify as a specific exmeption to the open records provisions of the FOIA. See Ops. Att'y Gen.

Opinion No. 30-78 (1978)

Missouri Attorney General Reports · Jan 27, 1978

They shall serve for four years and until their successors be duly elected and qualified, unless sooner removed for malfeasance in office. … Article IV, Section 17, by its plain language establishes the disqualification applicable to any person wishing to run for governor after the time of its adoption.

Ago

Florida Attorney General Reports · Sep 9, 1981

Neither term is qualified nor limited in its application. AS TO QUESTION 1: The word `proper' is an adjective. 73 C.J.S. … Neither does the statute purport to grant any immunity to the department or its officers and employees from the process of the courts or grand juries or in any manner immunize the subject data and records from the court's

(1999)

84 Op. Att'y Gen. 105 · Maryland Attorney General Reports · Aug 10, 1999

To the extent that an officer is sued in an individual capacity under § 1983 by a person against whom the officer used force, the officer may assert qualified immunity as a defense. 16 An inquiry into a qualified immunity … defense follows the objective reasonableness test: if the force employed was reasonable and necessary, there is no constitutional violation and the officer is entitled to qualified immunity.

Opinion No. (1978)

Nebraska Attorney General Reports · Apr 4, 1978

In the question presented here, clearly there was a `legal action' brought against the sheriff; and, if the statute is otherwise applicable, the payment of fees and other legal expenses incurred by the sheriff would seem … On the other hand, if it were a case of mere careless loose talk make in good faith, but without due regard for the consequence thereof, then probably it would qualify as a `negligent error or omission,' in the broad sense

Ago

Florida Attorney General Reports · May 22, 1980

In ruling that the unqualified term `taxation' used in 12 U.S.C. § 931 clearly encompassed within its scope a sales tax such as the one before the court, the court stated as follows: . . . … As federal land banks and federal land bank associations are granted the same tax immunity under 12 U.S.C. § 2055 and its predecessor, 12 U.S.C. § 931 , the court's construction of the tax immunity of federal land banks in

Opinion Number

Louisiana Attorney General Reports · Aug 1, 2002

Act 1203 has established the Lake Catherine Sewage and Water District as a "political subdivision" of the state, thus establishing that its board members, as officers and employees, are not "covered individuals" and would … However, federal jurisprudence does provide immunity to an officer who, in good faith, believes that his actions are within the scope of his duties.

Opinion No.

Arkansas Attorney General Reports · Feb 7, 1997

. § 19-10-305 , which grants general immunity to state officers and employees. … No. 92-158 discusses the immunity granted by A.C.A. § 8-6-807 ; A.C.A. § 19-10-305 ; and A.C.A. § 21-9-301 .