Case law

Opinion No.

Texas Attorney General Reports · Mar 16, 1993

The act requires that states participating in plans to monitor the provision of health and social services for the elderly establish a state long term care ombudsman program. 42 U.S.C. § 3021 et seq. … Code § 101.053 — .054; 40 T.A.C. §§ 299.1, 299.5, 299.9. 2 Furthermore, the office of the ombudsman is required to ensure that each ombudsman investigating complaints receives proper training and becomes approved as qualified

Opinion Number

Louisiana Attorney General Reports · Mar 28, 2001

R.S. 42:874(B)(8) clearly authorizes the Board to administer a qualified Cafeteria Plan. … It does not specify or define which plans or programs qualify.

Opinion No.

Arkansas Attorney General Reports · Feb 25, 2011

Title AN ACT MAKING THE MEDICAL USE OF MARIJUANA LEGAL AND ESTABLISHING A SYSTEM FOR THE CULTIVATION AND DISTRIBUTION OF MARIJUANA FOR PATIENTS THROUGH NONPROFIT MEDICAL MARIJUANA DISPENSARIES; PROVIDING THAT QUALIFYING … The definition is clearly meaningless in part and necessarily ambiguous. 3.

Opn. No.

New York Attorney General Reports · Feb 3, 2005

Because the statute refers only to "a different distance" and does not otherwise qualify the distances that may be established, we conclude that state law does not prohibit the Village from permitting parking closer to intersections … We note, however, that while "a municipality is accorded a qualified immunity from liability arising out of a highway planning decision," it "may be held liable when its study of a traffic condition is plainly inadequate

Opinion No. Oag 47-88, (1988)

77 Op. Att'y Gen. 207 · Wisconsin Attorney General Reports · Sep 13, 1988

No licensed funeral director so certified and no funeral establishment with which such a funeral director is affiliated shall be liable for damages resulting from such enucleation. … The introduced bill by its terms clearly required enucleation training for both "embalmers" and "surgical technicians." 1977 Assembly Bill 197.

California Attorney General Opinion 24-1101

California Attorney General Reports · May 20, 2026

The request before us nevertheless asks us to consider whether privately owned public water systems also qualify for the section 53091 immunity from local building and zoning regulations. … (a) (“A municipal corporation may establish, purchase, and operate public works to furnish its inhabitants with . . . water”) (emphasis added); see Jones v.

Opinion Number

Louisiana Attorney General Reports · Aug 28, 2000

R.S. 42:1299.87 (B) clearly states that "before releasing confidential information the Secretary shall obtain an agreement in writing [that] shall indemnify the State of Louisiana." … States may enter into contractual endeavors without waiving sovereign immunity.

Ago

Florida Attorney General Reports · Jun 8, 1992

advanced life support, pursuant to the provisions of this act." 4 The definition of a physician, contained elsewhere in the act, is "a practitioner who is licensed under the provisions of chapter 458 or chapter 459." 5 Clearly … reading of the statutes cited above, it does not appear that directions given by an emergency medical technician or a paramedic to a law enforcement officer to restrain patients who are refusing medical treatment would qualify

Opinion No.

Arkansas Attorney General Reports · May 23, 2001

The complete immunity from suit referenced in the last sentence of this passage was somewhat qualified by Act 292 of 1993, which amended A.C.A. § 21-9-301 to read as follows: It is declared to be the public policy of the … The foregoing establishes only that a city must make reasonable efforts to ensure the safety of its residents.

Ago

Florida Attorney General Reports · Nov 1, 1974

Dedication, as well as reservations and reversions of streets, park areas, etc., to property owners may be made by plats duly recorded and any such plats, if otherwise qualified, are entitled to be recorded. … Ownership by the county is necessary to obtain this immunity, however. See AGO 073-257.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1992

3,3@24.To qualify for these federal grants, state governments were r+ quid to develop plans meeting certain federal standards to monitor the provision of health and social services for older persons. Id 0 3027. … The Older Americans Act required participating states in these plans to establish a state longterm care ombudsman program. Id. 0 3@27(a)(12).

Opinion Number

Louisiana Attorney General Reports · Sep 27, 1996

The legislature finds that the practice of nursing by qualified individuals is necessary to protect the public health, safety, and welfare of the citizens of this state . B. … Section 931 provides, in pertinent part, with respect to civil immunity as follows: " A.

Opinion No.

Arkansas Attorney General Reports · Mar 12, 2004

MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION OR OTHER PENALTY AS SPECIFIED IN THE ACT; A QUALIFYING PATIENT MAY HAVE NO MORE THAN ONE MARIJUANA PROVIDER … PATIENT FROM ACQUIRING MARIJUANA FROM SOMEONE OTHER THAN HIS OR HER REGISTERED MARIJUANA PROVIDER, AND WHEN SO ACQUIRING THE QUALIFYING PATIENT WILL HAVE THE IMMUNITY FROM ARREST, PROSECUTION, OR OTHER PENALTY AS SPECIFIED

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 1975

established constitutional rights that [their] action cannot reasonably … Members of the Board of the Texas School for the Blind have a qualified

Opn. No.

New York Attorney General Reports · Jun 16, 1977

(a) The town board of every town may establish the office of town attorney or town engineer, or both. If the town board shall so establish the office of town attorney * * * it shall fix the salary of such officer * * *. … local officials are entitled to a limited or qualified immunity for acts done in good faith within the scope of their official duties.

Opinion No.

Arkansas Attorney General Reports · Aug 19, 1987

Nor would the peer review committee in question qualify as a "professional services review organization appointed pursuant to state or federal statute." … Bracy, 744 F.2d 1338 (8th Cir. 1984) does reflect one instance in which 71-5101 was raised as a basis for qualified immunity.

Ago

Florida Attorney General Reports · Jun 13, 1974

Regarding sovereign immunity, I hasten to add that the legislature has recently waived the state's immunity for liability for certain torts specified in the act. This act will become effective on January 1, 1975. … While the newsman's access may be restricted, guidelines must be narrowly drawn to prohibit interviews only where it can be clearly established that serious administrative or disciplinary problems are created.

(1997)

82 Op. Att'y Gen. 23 · Maryland Attorney General Reports · Jan 6, 1997

Similarly, the Court may include in the rule another well-established basis for absolute immunity: prosecutorial immunity. In Imbler v. … If this framework for prosecutorial immunity were applied to disciplinary matters, Bar Counsel would only be entitled to qualified immunity under the common law.

(2000)

85 Op. Att'y Gen. 132 · Maryland Attorney General Reports · May 24, 2000

"The applicability of sovereign immunity in a particular case . . . turns on: (1) whether the entity asserting immunity qualifies for its protection; and, if so, (2) whether the legislature has waived immunity, either directly … such as IN §§ 4-302 et seq ., clearly do not apply to MAIF.

Ago

Florida Attorney General Reports · Aug 15, 1978

In particular, in AGO 077-97, this office expressly stated that district mental health boards appeared to qualify as quasi-public organizations; `they are nonprofit, their services are available to the general public within … Golden, 56 So.2d 911 , 913 (Fla. 1952), in which the court noted that a hospital district was not possessed of sovereign immunity because its activities fell `more clearly in the category of `proprietary' functions than `