Case law

Madden v. Town of Greene

36 Misc. 3d 852 · New York Supreme Court · Jun 29, 2012

between various acts afforded absolute and qualified immunity. … In this case, the Appellate Division held that defendant “did not establish its entitlement to qualified immunity as a matter of law for its highway planning decisions with regard to the original design and placement of the

Galante v. County of Nassau

186 Misc. 2d 733 · New York Supreme Court · Dec 12, 2000

if either (1) their conduct did not violate clearly established rights of which a reasonable person would have known, or (2) it was objectively reasonable to believe that [their] acts did not violate these clearly established … [their] acts [do] not violate these clearly established rights.’ ” (Tenenbaum, at 596.)

Daboul v. Board of Visitors of the College of William & Mary

64 Va. Cir. 499 · Norfolk County Circuit Court · Apr 10, 2002

action is a violation) violates a clearly established right. … Unless the plaintiff’s allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery. ...

Creech v. Eckerd Corp.

56 Va. Cir. 407 · Norfolk County Circuit Court · Sep 18, 2001

Qualified Immunity Recently in Saucier v. Katz, the United States Supreme Court addressed the issue of qualified immunity. No. 991977 (June 18,2001). … If the right was not clearly established or it would not be clear to a reasonable officer, in the same situation, that his conduct was unlawful, a court is entitled to grant summary judgment based upon qualified immunity.

Drake v. City of Rochester

96 Misc. 2d 86 · New York Supreme Court · Jun 5, 1978

As the United States Supreme Court noted in Imbler ( 424 US 409 ), the procedural difference between absolute and qualified immunity is an important one. … On the other hand, "The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trials.”

Nassau County Department of Social Services v. R.B.

23 Misc. 3d 270 · New York City Family Court · Dec 18, 2008

To qualify for an exemption respondent must first demonstrate that she holds a religious belief that is contrary to immunization. … The testimony of the DSS caseworker clearly established that the three children have never been immunized.

Chalker v. Howland Township Board of Trustees

74 Ohio Misc. 2d 5 · Trumbull County Court of Common Pleas · May 26, 1995

Unlike state law, federal immunity is determined based upon the objective reasonableness of the official’s actions in light of clearly established law. … violated his clearly established rights secured under federal law, or, in the alternative, that a right to be secure in one’s home and possessions was not clearly established.

Sickles v. Peed

25 Va. Cir. 487 · Fairfax County Circuit Court · Nov 18, 1991

The plaintiff acknowledges in its memorandum that Sheriffs are entitled to the qualified immunity referred to as "governmental immunity" which existed at common law and has been defined in James v. … Jane test clearly dictates a determination that the Sheriffs in this case are entitled to immunity.

McKee v. McCann

2017 Ohio 7181 · Court of Appeals of Ohio, Eighth District, Cuyahoga County · Aug 10, 2017

Shamblin had a qualified immunity from suit for false arrest. C. … We previously stated that Shamblin had qualified immunity on the false arrest claim, and that qualified immunity extends to a defamation claim premised on the same conduct.

State v. Simmons

2018 Ohio 2018 · Court of Appeals of Ohio, Fourth District, Washington County · May 15, 2018

The amendment added R.C. 2925.11(B)(2)(b), which grants immunity to "a qualified individual." See R.C. 2925.11(B)(2)(f) (describing R.C. 2925.11(B)(2)(b) as granting immunity). … immunity to a qualified individual.

Edwards v. City of Mount Vernon

46 Misc. 3d 435 · New York Supreme Court · Oct 23, 2014

Qualified Immunity The City failed to meet its prima facie burden for summary judgment, as its own motion papers raise issues of fact as to whether it is entitled to qualified immunity in connection with the entry into the … Moreover, the City *445 bears the burden of establishing its defense of qualified immunity based upon the existence of probable cause (see Director General of Railroads v Kastenbaum, 263 US 25, 27 [1923] [in an action for

Mann v. Sentara Hospitals, Inc.

59 Va. Cir. 433 · Virginia Circuit Court · Sep 11, 2002

Presumably, state agents are entitled to sovereign immunity only if they qualify under the four-factor James *443 analysis. … Establishing a defense of charitable immunity, therefore, requires proof of two elements. First, the defendant must establish that it is a charitable organization and not maintained for gain or profit.

Belmont East Co. v. Abrams

123 Misc. 2d 404 · New York Supreme Court · Jan 27, 1984

Clearly, Lenka Neurath, Dr. Neurath’s mother, was a senior citizen over the age of 62, and having been declared legally blind, was a disabled person. … There are numerous cases defining who is a “tenant” for the purposes of a cooperative conversion plan, so the term has a well-established meaning.

Jiminez v. Didlake, Inc.

78 Va. Cir. 156 · Prince William County Circuit Court · Feb 26, 2009

As discussed above, three elements are necessary to establish an entity as a charitable organization that qualifies for charitable immunity. … The final element a defendant must establish to enjoy the bar of charitable immunity is that the tort claimant was a beneficiary of the charitable institution at the time of the alleged incident.

Brenner v. County of Rockland

92 Misc. 2d 833 · New York Supreme Court · Jan 11, 1978

But the alternative of qualifying a prosecutor’s immunity would disserve the broader public interest. … The notice of claim as to the assault, therefore, was clearly untimely.

People v. CHR Herbal Remedies

219 Cal. Rptr. 3d 1 · California Superior Court · May 30, 2017

Defendants argued they should thus be allowed to present a defense at trial that they qualified for immunity because they substantially complied with the distance requirements. … LAMC section 45.19.6.2, subdivision A, makes it a misdemeanor to "own, establish, operate, use, or permit the establishment or operation of a[n] [MMB]...." in the City.

Lara v. City of New York

187 Misc. 2d 882 · New York Supreme Court · Mar 20, 2001

In order to overcome Social Services Law § 419 qualified immunity, plaintiff must overcome the statutory presumption of good faith and must demonstrate “persuasive [evidence] of bad faith.” … Negligence, 11 even if established, is not synonymous with bad faith.

In re Elwell

55 Misc. 2d 252 · New York City Family Court · Nov 29, 1967

Public health statistics show clearly that immunization is at least ninety per cent effective in preventing paralysis. … The proof does not qualify them for the exemption provided in subdivision 8 of section 2164 of the Public Health Law.

Olenick v. City of New York

56 Misc. 3d 389 · New York Supreme Court · May 4, 2017

Even if a plaintiff establishes special duty, a municipality acting in a discretionary governmental capacity may rely on the “governmental function immunity defense.” … Plaintiffs argue that because the City did not conduct a study prior to creating the plan, the City cannot invoke the qualified immunity defense.

Weiser v. H.H. Robertson Co.

20 Pa. D. & C.3d 755 · Pennsylvania Court of Common Pleas, Philadelphia County · Sep 30, 1981

It is clearly established in Pennsylvania that both the immediate (actual) employer and general contractor (statutory employer) are immunized from common-law liability. … The question whether a subcontractor also qualifies for a statutory employer defense has not yet been clearly determined. *757 In Rieffer v. Walsh Construction Co., 140 F. Supp.