Case law

Kuley v. Fayez

89 Va. Cir. 238 · Fairfax County Circuit Court · Oct 23, 2014

Defendants state in their Demurrer that they are entitled to both qualified privilege and immunity. See Defendants’ Demurrer at 8-9. … to handle such information, publication is established, but established in such á way to trigger a qualified privilege.

Friedman v. Rice

47 Misc. 3d 944 · New York Supreme Court · Feb 24, 2015

State of New York, 67 AD2d 167 [3d Dept 1979] [absolute immunity accorded to Attorney General extended to press release issued by deputy]). *953 Even if the statements by defendants Byrne and Tarek are accorded only the qualified … Furthermore, no facts are alleged in the complaint from which constitutional malice on the part of former District Attorney Rice may be established or inferred.

Moore v. Dormin

173 Misc. 2d 836 · New York Supreme Court · Jul 25, 1997

Clearly, the officer’s two statements contradict each other, and both statements are contradicted by numerous other witnesses. … Rather, it was at best an administrative decision to report his opinion of a police officer’s conduct at trial to the officer’s «superiors, which would shield him with qualified immunity.

White v. Cassady

29 Va. Cir. 45 · Fairfax County Circuit Court · Jul 8, 1992

It is possible that the conversation may qualify for a common-law qualified privilege of some sort, but that is not before the court and, in any event, would not protect it from discovery, which is the issue here. … Cassady enjoys the immunity from civil liability afforded by § 8.01-581.16. The privilege statute and the immunity statute are not co-extensive. See, Klarfeld v. Salsbury, 233 Va. 277, 284 (1987).

Costopoulos v. Gibboney

1 Pa. D. & C.4th 303 · Pennsylvania Court of Common Pleas, Perry County · Dec 2, 1988

These are: (78) Defendants violated no clearly established constitutional right of plaintiff and are therefore immune from money damages under 42 U.S.C. §1983 . • (80) Plaintiff alleges that he was arrested on June 11, 1977 … It is our opinion, therefore, that both the state and federal actions are governed by qualified immunity.

Geographic Network Affiliates-International, Inc. v. Enterprise for Empowerment Foundation at Norfolk State University

69 Va. Cir. 428 · Norfolk County Circuit Court · Jan 12, 2006

To the extent that the Plaintiffs can establish that the Defendants defaulted on a contract for goods and services entered into by an authorized government agent, sovereign immunity does not shield Norfolk State University … The PEFIA states that it should not be construed as waiving sovereign immunity for any public entity participating in a qualifying project under the Act. See V a. Code Ann. §56-575.15.

Ginsburg v. Kovrak

11 Pa. D. & C.2d 615 · Pennsylvania Court of Common Pleas, Philadelphia County · Jan 14, 1957

Admittedly there is none in the matter of qualifying Federal attorneys by any exclusively Federal system of education or supervision. … Merely because the Federal courtrooms are open does not mean that the Federal courts have approved anyone as a qualified lawyer. The most it means is that a man may practice there if he is qualified by local law.

Hope v. Commonwealth

82 Va. Cir. 460 · Augusta County Circuit Court · Apr 7, 2011

Jane, 221 Va. 43, 53 (1980) (“It is proper that a distinction be made between the state, whose immunity is absolute unless waived, and the employees and officials of the state, whose immunity is qualified, depending upon … sovereign immunity in the Commonwealth is neither clearly delineated nor consistently applied.

Seabrook v. Johnson

173 Misc. 2d 15 · New York Supreme Court · May 5, 1997

Nonetheless, upon examination of the submitted record, this court determines that the written statements of the five indicted petitioners do not qualify as statements entitled to automatic immunity. … It is noted, moreover, that the assault charges are clearly not based on the petitioners’ own statements.

Higgs v. Erie Insurance Exchange

8 Va. Cir. 53 · Warren County Circuit Court · Jan 11, 1983

While courts should be careful not to extend an absolute immunity if there is doubt as to the legislative intent where a legislature has clearly and unequivocally done so, the courts are duty bound to follow the legislative … This statute cannot be read to grant a qualified immunity.

Zellermaier v. Travelers Indemnity Co.

190 Misc. 2d 487 · New York Supreme Court · Mar 4, 2002

The statute specifically preserves all common-law immunities. *489 Under the common law, a report to a governmental entity in these circumstances would have a qualified immunity since it was made in the discharge of a private … Insurance Law § 406 was originally passed as section 38-e by chapter 720 of the Laws of 1981 as part of the law that established the Frauds Bureau of the Insurance Department.

Schoeneman v. Fairfax County

37 Va. Cir. 17 · Fairfax County Circuit Court · Feb 9, 1995

This immunity attaches if the officer’s conduct did not, objectively, “violate clearly established rights of which a reasonable person would have known.” Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982). … Therefore, Garbarino’s actions in arresting Schoeneman are shielded by qualified immunity unless a reason *21 able person would have known that those actions would violate clearly established rights.

Doe v. Virginia Wesleyan College

91 Va. Cir. 340 · Norfolk County Circuit Court · Nov 9, 2015

and endowed by private charity, falls clearly within the classification. … Even if most modern private higher educational institutions will not be able to qualify for charitable immunity, there still is a panoply of organizations that will be able to qualify, and in fact have qualified in the past

Interpetrol Bermuda Ltd. v. Trinidad & Tobago Oil Co.

135 Misc. 2d 160 · New York Supreme Court · Feb 5, 1987

Section 4 (1) (h) and (i) does not clearly and unambiguously evince an intent on the part of *166 Trintoc-Trinidad or the Republic of Trinidad and Tobago to waive any right of immunity from prejudgment attachment. … The omission in this paragraph of any mention of waiver of immunity clearly demonstrates that no waiver of immunity was intended.

O'Connor v. Smith

49 Ill. Ct. Cl. 153 · Court of Claims of Illinois · Mar 8, 1996

Claimant also disputes the applicability of qualified immunity, and finally argues that his allegations of malice are sufficient to support his libel claim even if qualified immunity is held applicable. … or individual citizens receive only qualified privilege under the constitutional immunity afforded by New York Times v.

People v. Grady

130 Misc. 2d 677 · New York Supreme Court · Nov 26, 1986

. * The statements were not obtained by an attorney and clearly do not reflect an attorney’s training, analysis or strategy. … In addition to this statutory conditional immunity, the courts have recognized, in a criminal case, that when the defendant seeking the material establishes, by a preponderance of the evidence, that the material sought is

Greene v. Street

24 Pa. D. & C.5th 546 · Pennsylvania Court of Common Pleas, Philadelphia County · Aug 5, 2011

As Chairman of the PHA, Street is clearly protected by high public official immunity. … Accordingly, because Street both qualifies as a high official and was acting within the scope of his duties, he qualifies for high public official immunity.

Haefner v. Steward

19 Pa. D. & C.4th 152 · Pennsylvania Court of Common Pleas, Lancaster County · Feb 17, 1993

and qualified immunity; and (3) the failure to state a cause of action for defamation against Dr. … Thus, no apology will be forthcoming.” 3 *158 Plaintiff’s third amended complaint establishes that Dr.

Gilligan v. King

48 Misc. 2d 212 · New York Supreme Court · Oct 27, 1965

The court in the Times case was careful to point out (p. 283) that communications by a government employee are at least qualifiedly privileged, and a “ fair equivalent of the immunity granted ” is to establish a corresponding … immunity for citizens’ statements about officials (Barr v.

Sylvan Heights Realty Partners L.L.C. v. Lagrotta

6 Pa. D. & C.5th 344 · Pennsylvania Court of Common Pleas, Lawrence County · Feb 16, 2007

[AJbsent statutory classification, the parameters establishing ‘high public official’ status would be delineated *349 by the judiciary on a case-by-case basis, rather than establishing a bright-line ‘of demarcation, if any … While the above holding does suggest that defendant’s actions in placing telephone calls and issuing media releases qualifies for immunity, the court notes that the Pennsylvania Supreme Court overruled the Commonwealth Court