Case law

Opinion Number

Louisiana Attorney General Reports · May 1, 2003

In order to qualify for this immunity from civil liability, a heavy burden is placed on FETI to ensure that the state's firemen have been trained according to the national standards mentioned above. Since LA. … In order to qualify for the liability immunity of its own fire fighters, they must employ training services from FETI, or services that are approved by FETI. We hope this answers you inquiry.

Opinion No.

Texas Attorney General Reports · Sep 5, 1980

The statute at issue, article 4413(29aa), establishes the Commission on Law Enforcement Officer Standards and Education, describes its duties, and empowers it, among other things, to certify persons as being qualified to … Appointed sheriffs are also immune from prosecution under that provision for having accepted appointment as sheriff. Attorney General Opinion MW-111 (1979).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 2000

“Even if a prosecutor fails to show absolute immunity for a given activity, he may still show qualified immunity.” Id. … “Generally speaking, qualified immunity protects government officials performing discretionary functions Tom civil liability under federal law unless their conduct violates a ‘clearly established [federal] statutory or constitutional

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Florida Attorney General Reports · Oct 18, 2002

no money from the corporation other than payments for the care provided to indigent county residents, and that the district provides no other governmental function. 4 In order for Indian River Memorial Hospital, Inc., to qualify … Clearly, in section 155.40 , Florida Statutes, the Legislature has expressed an intent to allow a governmental entity to lease a hospital to a private entity and, by the terms of the lease, expressly provide that the private

Opinion No. (1985)

Nebraska Attorney General Reports · May 31, 1985

, is not an infringement of the immunity, was re-examined and affirmed in Flint v. … Rather, according to your letter, the different treatment would occur due to the fact that, at the present time, nearly all banks would qualify for the 1 per cent credit, while other financial institutions would qualify for

Opinion No. (1996)

Missouri Attorney General Reports · Feb 5, 1996

Henderson , 660 S.W.2d 373 (Mo.App., E.D. 1983), the courts construed a similar exemption that read: nothing contained in this section shall apply to legally qualified sheriffs, police officers and other persons whose bona … The court stated: When in another county upon official business, which originates in the county of his election or appointment, a sheriff or his deputy clearly is entitled to the immunity[.] Id ., 258 S.W.2d at 665 .

Opinion No.

Texas Attorney General Reports · Sep 29, 1992

To qualify for these federal grants, state governments were required to develop plans meeting certain federal standards to monitor the provision of health and social services for older persons. Id. § 3027. … The Older Americans Act required participating states in these plans to establish a state long-term care ombudsman program. Id. § 3027(a)(12).

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1980

certify persons as being qualified to be peace officers. … Thus, section 6(e) of article 4413(29aa) reaches deputy sheriffs, who are to be prosecuted if they accept positions for which they have not qualified under the statute.

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Florida Attorney General Reports · Dec 21, 1978

it clearly provide that an individual employee is immune from suit as a result of injuries sustained due to his negligence. … Had the legislature intended that individual employees be immune from suit, they would have clearly so stated.

Opinion No.

Arkansas Attorney General Reports · Nov 20, 1998

App. 295 , 637 A.2d 482 (1994) (special masters and trustees appointed to determine marital property and debts performed discretionary judicial functions and were therefore entitled to at least qualified judicial immunity … These actions clearly involve the exercise of discretion, and Rule 53 of the Arkansas Rules of Civil Procedure grants special masters extensive judicial powers.

Opinion No.

Arkansas Attorney General Reports · Apr 12, 2006

In federal court, the county may be able to claim "qualified immunity." … Qualified immunity applies to the actions of individual officers and employees who undertook the performance of their governmental duties in good faith and whose actions did not violate a clearly established constitutional

Opinion No.

Arkansas Attorney General Reports · Jun 19, 1992

Records of payroll and wage rates maintained by the department would generally be subject to disclosure unless the entity seeking nondisclosure can establish that the information falls within the exception to the FOIA for … Thus, the Arkansas Constitution provides for sovereign immunity and A.C.A. § 19-10-305 provides for immunity of officers and employees of the state.

Opinion No.

Arkansas Attorney General Reports · May 18, 2007

Const. art. 5 , § 22 , or whether you also intend to dispense with the statutorily mandated limited and qualified immunity enjoyed by state employees. … I will further note that qualified immunity is a matter of preemptive federal law, meaning that a reviewing court might well conclude that such immunity cannot be withheld by state constitutional amendment.

Opinion No.

Arkansas Attorney General Reports · Apr 14, 1988

It should be noted, for instance, that provision is made under A.C.A. 14-284-208 (a) for the qualified voters of the district proposed thereunder to vote on the establishment of the district and the levy of assessed benefits … Authority to establish subordinate service districts is found in A.C.A. 14-14-708 — 711.

Opinion No.

Arkansas Attorney General Reports · Mar 30, 2011

LIMITED IMMUNITY; ALLOWING LOCALITIES TO LIMIT THE NUMBER OF NONPROFIT DISPENSARIES AND TO ENACT REASONABLE ZONING REGULATIONS GOVERNING THEIR OPERATIONS; *Page 2 PROVIDING THAT QUALIFYING PATIENTS THEIR DESIGNATED CAREGIVERS … QUALIFICATIONS FOR REGISTRY IDENTIFICATION CARDS; ESTABLISHING STANDARDS TO ENSURE THAT QUALIFYING PATIENT AND DESIGNATED CAREGIVER REGISTRATION INFORMATION IS TREATED AS CONFIDENTIAL; DIRECTING THE DEPARTMENT OF HEALTH

Opinion No.

Texas Attorney General Reports · Jan 24, 2000

"Even if a prosecutor fails to show absolute immunity for a given activity, he may still show qualified immunity." Id . … "Generally speaking, qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a `clearly established [federal] statutory or constitutional

(1996)

81 Op. Att'y Gen. 207 · Maryland Attorney General Reports · Jan 17, 1996

. § 1983 , the sheriff or deputy sheriff may assert qualified or "good faith" immunity if the transport were authorized by statute. If not, no immunity would be available. … Under this form of immunity, government officials are not subject to damages liability for the performance of their discretionary functions when "their conduct does not violate clearly established statutory or constitutional

Opinion No.

Arkansas Attorney General Reports · May 9, 2001

As noted above, extending the executive veto to separable provisions of an appropriation bill has been viewed as necessary to prevent the legislature from immunizing such provisions from veto. … The approval requirement clearly qualifies or restricts the use of the funds appropriated under the bill.

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Florida Attorney General Reports · Nov 8, 1996

Such special masters 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 masters. . . . … actions and was, therefore, immune from suit. 5 Based on this determination of quasi-judicial status and judicial immunity, it is my opinion that a special master appointed pursuant to section 194.035 , Florida Statutes,

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Florida Attorney General Reports · Apr 14, 1981

the administration of immunizing agents conflicts with his religious tenets or practices; or (b) A competent medical authority certifies in writing that the child should be exempt from the required immunication for medical … I also note that pertinent chapters of Title XXXI, `Regulation of Professions and Occupations,' indicate that the Legislature intended to establish comprehensive regulation of all `health care practitioners' within chs. 458