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Legal Opinion

Pinal County v. Cooper

Court of Appeals of Arizona

Decided October 20, 2015No. 1 CA-SA 15-0171PublishedCited by 2 opinions

1Opinion of the Court

OPINION

SWANN, Judge:

¶ 1 The issue in this case is whether evidence that a government official acted with ill will is sufficient to defeat qualified immunity. Because qualified immunity is a complete defense to a tort action absent a showing of objective malice, we hold that evidence of spite or ill will is not sufficient to prevent summary judgment on immunity grounds.

FACTS AND PROCEDURAL HISTORY

¶ 2 Timothy Gaffney, Director of Communications for the Pinal County Sheriffs Office, brought an action against Fritz Behring and Pinal County based on Behring’s actions as Pinal County Manager.…

2Cases cited15 opinions

  1. New York Times Co. v. SullivanSupreme Court of the United States · 1964
  2. Milkovich v. Lorain Journal Co.Supreme Court of the United States · 1990
  3. Rosenbloom v. Metromedia, Inc.Supreme Court of the United States · 1971
  4. Greenbelt Cooperative Publishing Assn., Inc. v. BreslerSupreme Court of the United States · 1970
  5. Dube v. LikinsCourt of Appeals of Arizona · 2007

10 more not listed; retrieve them via the Exa API.

3Cited by2 opinions

  1. Lundin v. Discovery Commc'ns Inc.District Court, D. Arizona · 2018
  2. Eder v. Northern Arizona Consolidated Fire District 1District Court, D. Arizona · 2020

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