Case law

Attorney General Opinion No.

Kansas Attorney General Reports · Dec 13, 1994

For a student to avoid the certificate of immunization requirements of K.S.A. 72-5209 , as amended by L. 1994, ch. 206, § 1, they must qualify for one of the statutory alternatives. … State , 451 A.2d 107 (Md.App. 1982), the religious exemption was stricken as violative of the establishment clause of the first amendment of the United States consitution, but the balance of the compulsory immunization statute

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.

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).

Ago

Florida Attorney General Reports · Apr 28, 2005

These special magistrates may not be elected or appointed officials or employees of the county but shall be selected from a list of those qualified individuals who are willing to serve as special magistrates. … for his actions and was, therefore, immune from suit. 6 Based on this determination of quasi-judicial status and judicial immunity, this office has determined that a special master appointed pursuant to section 194.035 ,

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.

(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. (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.

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

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

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.

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.

(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.

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 .

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.

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

Opinion No. (1987)

Missouri Attorney General Reports · Oct 5, 1987

The first provision is that the State Auditor shall have access to all records maintained and established by the Department. … situations in which the privilege is properly applicable, and such assertion should not be relied upon in inappropriate circumstances to defeat the access of the Office of the State Auditor to litigation records to which it is clearly