Case law

Telthorster v. Tennell

45 Tex. Sup. Ct. J. 948 · Texas Supreme Court · Jun 27, 2002

The sole issue in this official immunity case is whether Officer Mark Telthorster established as a matter of law that he acted in good faith when arresting Ollie Tennell. … form the basis of a section 1983 claim. 8 Accordingly, the cases Chambers relied on involved more than merely negligent conduct by the officer, thereby implicating qualified immunity.

Mount Pleasant Independent School District v. Estate of Lindburg Ex Rel. Lindburg

32 Tex. Sup. Ct. J. 210 · Texas Supreme Court · Feb 15, 1989

Only when the legislature has clearly and explicitly waived the state’s sovereign immunity may a cause of action accrue. Duhart v. State, 610 S.W.2d 740, 742-43 (Tex.1980). … While we recognize that the payment of consideration is not essential to the establishment of a passenger-common carrier relationship, Gulf, C. & S.F. Ry. Co. v.

Irving Healthcare System v. Brooks

39 Tex. Sup. Ct. J. 1030 · Texas Supreme Court · Jul 12, 1996

The second is a qualified immunity from civil liability. See id. § 5.06(£), (m), (t). … However, it does not follow that an allegation or even proof of malice that would negate a qualified immunity negates the separate discovery exemption under the statute.

Federal Sign v. Texas Southern University

951 S.W.2d 401 · Texas Supreme Court · Oct 2, 1997

However, Fristoe did not include Carr’s language that qualified this passage. … Federal Sign complains that this Court, by upholding established sovereign immunity law, would violate the Open Courts provision.

Ebs Solutions, Inc. v. Glenn Hegar, Comptroller of Public Accounts of the State of Texas And Ken Paxton, Attorney General of the State of Texas

Texas Supreme Court · May 8, 2020

Before evaluating the constitutional question here, we note the distinction between facial and as-applied challenges, although the dividing line between the two may not always be clearly defined. See Tenet Hosps. … that the State has waived sovereign immunity, a trial court possesses jurisdiction.

University of Texas at El Paso v. Herrera

53 Tex. Sup. Ct. J. 956 · Texas Supreme Court · Jul 2, 2010

Herrera alternatively argues that even if Congress did not abrogate the State’s immunity, UTEP clearly and unambiguously waived it through its Handbook of Operating Procedures, which states “[a]n eligible employee may also … Indeed, it is impossible to grasp how fleeting language in a policy manual can “clearly and unambiguously” waive immunity when far more overt declarations in statutes enacted by the Legislature fall short. 51 *202 III.

Hays Street Bridge Restoration Group v. City of San Antonio

570 S.W.3d 697 · Texas Supreme Court · Mar 15, 2019

CODE § 253.001(b) (“Land owned, held, or claimed as a public square or park may not be sold unless the issue of the sale is submitted to the qualified voters of the municipality at an election and is approved by a majority … But even more importantly, the City’s motion to dismiss and the Restoration Group’s response, along with the Restoration Group’s motion for contempt in the trial court, establish that the City’s post-judgment actions have

Eric D. Hillman v. Nueces County, Texas and Nueces County District Attorney's Office

579 S.W.3d 354 · Texas Supreme Court · Mar 15, 2019

When deciding whether a statute clearly and unambiguously waives governmental immunity, we 5 The Attorney General, acting as counsel for the State of Texas, filed an amicus brief arguing that neither … Having existed for more than six hundred years, the governmental-immunity doctrine is “an established principle of jurisprudence in all civilized nations.” Tooke, 197 S.W.3d at 331 (quoting Beers v.

In Re Edwin K. Hunter

Texas Supreme Court · Oct 10, 2025

By now, the analysis is well-established. … Using mandamus to vindicate a clearly erroneous denial of attorney immunity is no innovation.

Texas Department of Aging & Disability Services v. Cannon

58 Tex. Sup. Ct. J. 197 · Texas Supreme Court · Jan 9, 2015

The hospital’s subsection (e) motion qualified as such a claim, which could not be mooted by the plaintiffs nonsuit. But Rule 162 is not at issue in this case. … The Act establishes when a “governmental unit in the state is liable” and in turn waives sovereign immunity to suit “to the extent of liability created by [the Act].” Tex. Civ. Prac. & Rem. Code §§ 101.021, 101.025.

Via Metropolitan Transit v. Curtis Meck

Texas Supreme Court · Jun 26, 2020

Because VIA is a governmental entity that performs only governmental functions, governmental immunity bars Meck’s claim unless the legislature has clearly and unambiguously waived that immunity. See TEX. … VIA argues that although this section waives immunity when plaintiffs assert ordinary negligence claims against government entities, it does not clearly and unambiguously waive immunity when liability is based on “slight

Cantey Hanger, Llp v. Philip Gregory Byrd, Lucy Leasing Co., L.L.C., and Pgb Air, Inc.

Texas Supreme Court · Jun 29, 2015

Despite clearly announcing litigation immunity’s existence, the court in Kruegel did little to define its scope and this Court has not, until today, readdressed the issue. … Cantey Hanger did not establish the applicability of the judicial proceedings privilege, just as it did not establish the applicability of litigation immunity.

Wallace L. Hall, Jr., in His Official Capacity as a Regent for the University of Texas System v. William H. McRaven, in His Official Capacity as Chancellor for the University of Texas System

60 Tex. Sup. Ct. J. 315 · Texas Supreme Court · Jan 27, 2017

Such oversight sometimes resulted in the admission of under-qualified students over the objection of admissions officials. … : it would swallow immunity.

Landry's, Inc. and Houston Aquarium, Inc. v. Animal Legal Defense Fund, Cheryl Conley, and Carney Anne Nasser

Texas Supreme Court · May 21, 2021

Not just any action taken when representing a client qualifies for immunity, however. … The court of appeals did not address whether the many challenged statements qualify as defamation per se or whether Landry’s established a prima facie case for the other essential elements of a defamation claim. 566 S.W

TIC Energy & Chemical, Inc. v. Martin

498 S.W.3d 68 · Texas Supreme Court · Jun 3, 2016

That is, if Union Carbide’s employees are co-employees with TIC, Union Carbide’s employees enjoy the same statutory immunity that TIC enjoys. … See HCBeck, 284 S.W,3d at 359 (because a contractor can " 'provided' workers’ compensation, even when it has not purchased the insurance directly, ... multiple tiers of subcontractors [thereby] qualify as statutory employers

Pepper Lawson Horizon International Group, LLC v. Texas Southern University

Texas Supreme Court · May 19, 2023

Section 114.003 clearly and unambiguously waives immunity from suit for breach-of-contract claims against a “state agency,” including “a university system or a system of higher education,” that has entered into a written … PLH only had to establish that Chapter 114, not the contract, unambiguously waived immunity. See TEX. GOV’T CODE § 311.034; Kirby Lake Dev., 320 S.W.3d at 838.

State v. Lueck

52 Tex. Sup. Ct. J. 947 · Texas Supreme Court · Jun 26, 2009

Lueck argues that the elements of 554.002(a) can never be considered as jurisdictional facts because we are bound to follow the plain, unambiguous language of the immunity statute, which clearly indicates that the Legislature … but also confines the scope of the State’s consent to suit that was established in the first sentence.

General Services v. Little-Tex Insulation

39 S.W.3d 591 · Texas Supreme Court · Apr 5, 2001

It has, therefore, unconstitutionally vested the executive and legislative branches with powers clearly reserved to the judicial branch. … It is a well-established rule that the State cannot override the constitutional requirement to provide adequate compensation by asserting sovereign immunity. See Steele v.

City of San Antonio v. Ytuarte

50 Tex. Sup. Ct. J. 745 · Texas Supreme Court · May 4, 2007

The court of appeals affirmed the trial court’s denial of summary judgment, concluding that the summary judgment evidence failed to establish immunity as a matter of law because “material facts” underlying the issue of good … Ytuarte filed suit, and the City responded by asserting immunity and moving for summary judgment.

Robinson v. Central Texas MHMR Center

33 Tex. Sup. Ct. J. 98 · Texas Supreme Court · Nov 22, 1989

its intent as to when it directs that governmental immunity is waived. … Contrary to the view of the dissent, we are obligated as judges to decide cases in a rational manner on the basis of principles established in prior cases.