§ 7.3.6.3.9 Immunity Claims.

• Jurisdiction: Arizona

§ 7.3.6.3.9 Immunity Claims. Immunity claims are particularly appropriate for review by special action. In Henke v. Superior Court (Kessler), 161 Ariz. 96, 98, 775 P.2d 1160, 1162 (App. 1989), the court stated it was taking the unusual step of accepting special action jurisdiction to review the denial of a motion to dismiss. The motion was based on an assertion of qualified immunity, which provides freedom from trial as well as from liability. Id. at 99, 775 P.2d at 1163. Immunity would effectively be lost if the defendant were forced to go to trial. Id.; see also Samaritan Health Sys. v. Superior Court (Schwartz), 194 Ariz. 284, 287-88, ¶ 10, 981 P.2d 584, 587-88 (App. 1998) (reviewing denial of motion for...