Case law

Leachman v. Dretke

261 S.W.3d 297 · Court of Appeals of Texas · Jul 10, 2008

After a government official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant’s conduct violated clearly established statutory or constitutional rights of … Therefore, as to Oncken’s qualified immunity defense, Leachman failed to show that her conduct violated any clearly-established statutory or constitutional right because he failed to state any constitutional claims in his

Brooks v. Scherler

859 S.W.2d 586 · Court of Appeals of Texas · Jul 29, 1993

The first element of qualified immunity is established. … The second element of qualified immunity is proven. Finally, the summary proof establishes that the Harassed reported the incidents of sexual harassment in good faith.

Tarrant County v. Bivins

936 S.W.2d 419 · Court of Appeals of Texas · Jan 16, 1997

The County and Sheriff Williams filed their motion for summary judgment alleging, among other defenses, the defense of qualified or official 2 immunity as to all causes of action. … ¡T)he elements of official immunity and qualified immunity appear for all practical purposes to be the same.

Davis v. Medical Evaluation Specialists, Inc.

31 S.W.3d 788 · Court of Appeals of Texas · Nov 2, 2000

Dozier based upon either absolute derived judicial immunity or qualified “good faith” immunity. These appellees rely heavily on Delcourt v. … No summary judgment evidence clearly establishes that sequence of events, however. Therefore, we decline to draw this inference. . EBI employees acted on behalf of CIC concerning appellant's claim. .

Weir Bros., Inc. v. Longview Economic Development Corp.

373 S.W.3d 841 · Court of Appeals of Texas · Jul 2, 2012

They also argue that Weir did not plead and establish a clear and unambiguous waiver of the immunity granted by the Act. … case law establishing that Longview’s actions are governmental functions.

City of Houston v. Newsom

858 S.W.2d 14 · Court of Appeals of Texas · Jun 24, 1993

The city and the two officers moved for summary judgment based on the qualified immunity of the officers, the city’s governmental immunity based on the officer’s qualified immunity, and the non-existence of a cause of action … Officer Stivers and Sergeant Zumwalt based their motion for summary judgment on the doctrine of qualified or official immunity. The city based its immunity on that of the officers.

Harris County v. DeWitt

880 S.W.2d 99 · Court of Appeals of Texas · May 19, 1994

Kilburn, 849 S.W.2d 810, 812 (Tex.1993) (stating that city’s immunity would apply only if city employee pled and proved his entitlement to qualified or official immunity). … A separate section of the Act, however, does state that public employees retain their official or qualified immunity in spite of the Act’s limited waiver of sovereign immunity. Tex.Civ.

Torres v. Owens

380 S.W.2d 30 · Court of Appeals of Texas · May 28, 1964

Its governing body consists of three commissioners elected by the qualified voters of the district. … would not deprive them of their immunity from tort liability.

Hopkins Ex Rel. Hopkins v. Spring Independent School District

706 S.W.2d 325 · Court of Appeals of Texas · Jan 30, 1986

In the third and fourth points, Appellants allege the trial court erred in granting summary judgment for the school principal, the school nurse and the teacher based on qualified immunity under the Tex *328 as Education Code … Clearly, the Texas Supreme Court intends that the waiver of governmental immunity is a matter to be addressed by the legislature. Barr, 562 S.W.2d at 846 ; Lowe v. Texas Tech University, 540 S.W.2d 297, 298 (Tex.1976).

Patterson v. City of Dallas

355 S.W.2d 838 · Court of Appeals of Texas · Feb 23, 1962

Thus, we are not authorized to declare the Ordinance void vel non unless it clearly and unequivocally appears that the Ordinance was enacted without any basis of reason therefor. … Pie qualifies himself for such responsibility by his allegiance to time honored ethical standards as well as by complying with the requirements of the state in gaining the knowledge and skill which qualify him to administer

Davis v. City of Palestine

973 S.W.2d 319 · Court of Appeals of Texas · Aug 27, 1997

’ claims; 5) Davis complains of an Act of God; 6) qualified immunity of City, officials preserve the City’s sovereign immunity; 7) the statute of limitations and statutory notice provisions bar Davis’ claims; and 8) any inverse … Because the City failed to establish its affirmative defense of sovereign immunity as a matter of law, we sustain points of error three and five.

Machete's Chop Shop, Inc. v. Texas Film Commission

483 S.W.3d 272 · Court of Appeals of Texas · Jan 29, 2016

The Music, Film, Television, and Multimedia Office is established in the Office of the Governor. See Tex. Gov’t Code § 485.002. . … The court held that because the Program statutes and regulations made clear that grants were discretionary, Machete Productions could not demonstrate that it had a clearly established right to the grant funds such .that it

Lenoir v. U.T. Physicians

491 S.W.3d 68 · Court of Appeals of Texas · Mar 29, 2016

UTP obtained dismissal on the basis that it qualifies as a “governmental unit” entitled to assert immunity from suit. … We also hold that UTP failed to establish that it is a governmental entity with immunity from suit.

Pruett v. City of Amarillo

947 S.W.2d 718 · Court of Appeals of Texas · Jul 21, 1997

Official/Qualified Immunity As to the contention that Amarillo proved, as a matter of law, that the officer was qualifiedly immune from liability, we also disagree. … Qualified or official immunity consists of three elements.

Taber v. Aransas Harbor Terminal Ry.

219 S.W. 860 · Court of Appeals of Texas · Feb 25, 1920

It has no powers except those clearly named ,in the law creating it and has no power whatever to enforce its order, but can ónly appeal to a court of competent jurisdiction. … Article 6 of the Texas Constitution provides what courts shall be established and defines their jurisdiction. Railway v. Shannon, 100 Tex. 379 , 100 S. W. 138 , 10 L. R. A. (N. S.) 681.

Halferty v. Flextronics Am., LLC

545 S.W.3d 708 · Court of Appeals of Texas · Feb 15, 2018

Applicable Law The Texas Workers' Compensation Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subcontractors known as the "exclusive … Furthermore, the court held that the OCIP in that case, established and paid for by FMR pursuant to its contract with HCBeck, qualifies as "providing" workers' compensation insurance to subcontractors in a manner consistent

Courtney v. University of Texas System

806 S.W.2d 277 · Court of Appeals of Texas · May 21, 1991

Clearly, one purpose of Courtney’s suit is to establish the validity of his contract for future employment, and to enforce through Dr. … Such an official is not immune from liability if his conduct clearly violates an established statutory or constitutional right of which a reasonable person would have known. [Citations omitted.]” Adams v.

Lazaro v. University of Texas Health Science Center

830 S.W.2d 330 · Court of Appeals of Texas · May 7, 1992

The rule is well established that the State, either in its own name or through an agent, is not liable without Legislative waiver of sovereign immunity in suits brought by private citizens. See Missouri Pacific R.R. … Ribble and McNeese are protected by qualified immunity as a matter of law. Appellees are immune from liability under the doctrines of sovereign and qualified immunity. Summary judgment was properly granted.

Chapman v. Gonzales

824 S.W.2d 685 · Court of Appeals of Texas · Jan 23, 1992

Appellant filed a motion for summary judgment based on her individual qualified immunity from liability and suit. The trial court denied the motion. Appellant then perfected this interlocutory appeal pursuant to Tex. … Such a result would be in direct contravention with the purpose of quasi-judicial immunity. Appellant is protected by qualified immunity as a matter of law and is not liable to Gonzales for any negligent acts.

Kinnard v. United Regional Health Care System

194 S.W.3d 54 · Court of Appeals of Texas · May 11, 2006

Kinnard has alleged valid claims for defamation and tortious business interference against appellees, 7 the claims are barred by qualified immunity. … To support their qualified immunity defense, appellees submitted affidavits from members of United Regional’s Board of Directors, the peer review committee, and the appellate review committee.