Case law

Tex. Dep't of Aging & Disability Servs. v. Lagunas

546 S.W.3d 239 · Court of Appeals of Texas · Feb 24, 2017

PLEAS TO THE JURISDICTION IN TCHRA CLAIMS State agencies such as DADS are protected by sovereign immunity other than for claims for which immunity has been waived by the legislature. Tex. Parks & Wildlife Dep't v. … "In order to establish a prima facie case of age discrimination under the TCHRA in a non-selection or failure to hire case, McClaren must show that: (1) he was in the protected class; (2) he was qualified for the position

Keene Corp. v. Caldwell

840 S.W.2d 715 · Court of Appeals of Texas · Oct 15, 1992

In it, the trial court states: Except as specifically set out below, documents ordered produced did not on their face reveal themselves to qualify as exempt or immune documents based on the claims of privilege made for them … The affidavits are clearly uncon-troverted evidence in support of the Relator’s objections to the discovery requests.

White v. Eastland County

12 S.W.3d 97 · Court of Appeals of Texas · Nov 10, 1999

Summary judgment is proper when the movant establishes that there is no genuine issue of material fact and that he is entitled to judgment as a matter of law. Nixon v. Mr. … Sovereign Immunity Sovereign or governmental immunity is a common-law rule. Although there are common-law exceptions, sovereign immunity normally applies unless it has been waived by statute.

White v. Lubbock

30 S.W.2d 722 · Court of Appeals of Texas · Jul 24, 1930

that of the Democratic Party, has the power to determine who shall comprise its membership, and in this instance the State Committee of the latter having excluded the relator from membership in it, no right, privilege, or immunity … Relator’s position here, therefore, is unlike that of the applicant for so drastic a writ as mandamus in every case he cites as relying on, there being in each of them establishment of the basic facts depended on.

Reynolds, Natalie Ausbie

Court of Appeals of Texas · Dec 22, 2016

"Qualified immunity shields government officials from civil damages unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct." See Reichle v. … s rights and the scope of Reynolds' permissible conduct were clearly established, qualified immunity protects her if it was objectively reasonable for her to believe that her actions were lawful at the time of the incident

Texas Commission on Environmental Quality v. Bonser-Lain

438 S.W.3d 887 · Court of Appeals of Texas · Jul 23, 2014

Beal, Texas Administrative Practice & Procedure § 3.1 (2009) (concluding that silence “clearly implied the legislature intended to preclude judicial review of the refusal to adopt the rule”). … A party seeking to assert the bar of collateral estoppel must establish that (1) the issue of fact or law sought to be litigated in the second action was fully and fairly litigated in the first action, (2) those issues were

Hare v. Reily

269 S.W. 473 · Court of Appeals of Texas · Jan 10, 1925

The following excerpts show clearly the holding of our courts: In Drinkard v. … It follows, therefore, that if judgments rendered in Okláhoma are not immune in that state from impeachment for fraud or want of jurisdiction, they cannot he held immune from similar attacks when sued on in this state; also

Klumb v. Houston Municipal Employees Pension System

405 S.W.3d 204 · Court of Appeals of Texas · May 23, 2013

Article 6243h of the Texas Revised Civil Statutes established HMEPS. See Tex.Rev.Civ. Stat. … To qualify as a “governmental plan” under 26 U.S.C. § 401 (a), the plan must be established and maintained for the employees of a political subdivision of a state or its agencies or instrumentalities.

Weeks v. Harris County Hospital District

785 S.W.2d 169 · Court of Appeals of Texas · Jan 18, 1990

In all of these cases the state agency provided equipment that failed to provide for the established needs of the individual; the materials were therefore defectively incomplete for their intended use. … Unlike the instant case, however, in Salcedo there was clearly a misuse of property as the attending physician failed to correctly read and interpret the electrocardiogram graphs. Id. at 33 .

Howe v. Citizens Memorial Hospital of Victoria County

426 S.W.2d 882 · Court of Appeals of Texas · Mar 14, 1968

Constant is a qualified psychiatrist and neurologist, practicing his profession in Victoria and the surrounding area. … is immune from tort liability.

Sears v. Colorado River Municipal Water District

487 S.W.2d 810 · Court of Appeals of Texas · Nov 17, 1972

—Austin 1942; Dism.Agr.), the Court said: “The holding in that case, if applicable here, was, we think, clearly overruled in Jones v. … Strong arguments have been made for and against the doctrine of governmental immunity.

Galveston County Judge Mark Henry and County Commissioners Ryan Dennard, Joe Guisti, Stephen Holmes and Ken Clark, in Their Official Capacity as the Galveston County Commissioners Court v. Kimberly Sullivan, Judge Probate Court of Galveston County

499 S.W.3d 545 · Court of Appeals of Texas · Jul 12, 2016

Sovereign immunity encompasses both immunity from suit and immunity from liability. Miranda, 133 S.W.3d at 224. … The Texas Supreme Court has identified a suit for declaratory relief as another means of establishing a right to prospective monetary relief. See Sw. Bell Tel., L.P. v.

Cameron County v. Tompkins

422 S.W.3d 789 · Court of Appeals of Texas · Oct 24, 2013

Establishment of Andy Bowie Park Frank A. Tompkins and Carolyn Tompkins Young are John L. Tompkins’ alleged heirs. On July 11, 1952, John L. … following relief by their declaratory-judgment action: a judgment declaring that: (1) the County was granted an easement, not a fee simple interest, in the land in question; (2) leasing the land to resort hotels does not qualify

Mitchell v. Shepperd Memorial Hospital

797 S.W.2d 144 · Court of Appeals of Texas · Aug 8, 1990

Consequently, except as specifically waived by the Act, a governmental unit *146 is immune from liability under the doctrine of sovereign immunity. See City of Austin v. … Here, the hospital, as movant and defendant, established its sovereign immunity as a matter of law. Mitchell has no cause of action against the hospital, and the trial court correctly granted summary judgment.

Gtech Corp. v. Steele

549 S.W.3d 768 · Court of Appeals of Texas · Jan 11, 2018

Once it satisfied that burden, the burden shifted to [the claimant] to establish, or at least raise a fact issue on, a waiver of immunity."). 461 S.W.3d 117 . Id. at 124 . … The Brown & Gay court also distinguished these concepts from the federal qualified-immunity doctrine and the Texas official-immunity doctrine, maintaining that these embodied underlying policies that "are simply irrelevant

Williams v. City of Baytown

467 S.W.3d 566 · Court of Appeals of Texas · May 5, 2015

It further claimed that it also established the good faith of its officers as a matter of law, thus establishing official immunity, on which it derivatively relies to establish its immunity under the Act. … The court observed that the facts alleged did not establish a waiver of immunity because the police officer did not control the suspect’s car at the time of the accident. Id. at *3-4 . Finally, in City of Sugarland v.

Texas Natural Resource & Conservation Commission v. White

13 S.W.3d 819 · Court of Appeals of Texas · Feb 24, 2000

Thus, if the plaintiff alleges sufficient facts in its petition to establish a waiver of immunity, dismissal for want of jurisdiction is inappropriate. … In Lowe , Chief Justice Greenhill wrote a concurrence “encouragfing] the Legislature to take another look at the Tort Claims Act, and to express more clearly its intent as to when it directs that governmental immunity is

Jenkins v. Taylor

4 S.W.2d 656 · Court of Appeals of Texas · Feb 23, 1928

This view, we think, clearly appears from the report of the legislative committee itself. … Rather such immunity would magnify than minimize the offense.

Jackson v. State

29 Tex. Ct. App. 458 · Court of Appeals of Texas · May 6, 1891

The only one who attempted to qualify as such was the justice, who, before he was. permitted to give his opinion as to the character of said bones, stated that “he had seen several human skeletons, and from what he knew of … It-is equally indispensable that the death of the alleged person be clearly established before a conviction can be had, however cogent may be the *465 other facts proved against the defendant; and the authorities concur that

Fogel, Ltd. v. Shoemake

795 S.W.2d 903 · Court of Appeals of Texas · Sep 4, 1990

We find this claim clearly lacking in merit. Shoemake argues that sanctions are appropriate because appellants’ point of error is contrary to well-established principles of law. … specific facts before us is clearly not well established.