Case law

Burney v. State

689 S.W.2d 912 · Court of Appeals of Texas · Dec 19, 1984

To this writer, this clearly violates the spirit of TEX. CONST. art. I, sec. 10; TEXCODE CRIM.PROC.ANN. art. 38.08 (Vernon *915 1979); Myers v. … The principle is hereby established that no one shall be compelled to give testimony which may expose him to prosecution for crimes.

Marshall v. Toys-R-Us Nytex, Inc.

825 S.W.2d 193 · Court of Appeals of Texas · Feb 6, 1992

The standard for review of a summary judgment has been clearly set forth by the Texas Supreme Court in Nixon v. Mr. Property Management, 690 S.W.2d 546, 548 (Tex.1985): 1. … Here, as in Denison , the evidence presented by the temporary employer, Toys-R-Us, established as a matter of law that it had the right of control at the time of the accident.

City of Fort Worth v. Deal

552 S.W.3d 366 · Court of Appeals of Texas · May 31, 2018

The court framed the contact inquiry as follows: "Was there evidence that the indirect impact generated by a particular vehicular collision had been sufficiently forceful to establish the 'touching' element of battery?" … The trial court also denied the City's plea based on official immunity, but the City does not raise its official-immunity defense on appeal.

Graham v. State

964 S.W.2d 738 · Court of Appeals of Texas · Mar 4, 1998

As stated above, Graham failed to establish by a preponderance of the evidence the existence of an immunity agreement with the Jefferson County District Attorney; the court correctly overruled her plea in bar. … The court’s ruling on the admission or exclusion of evidence will not be disturbed unless the record clearly shows an abuse of discretion. Maddox v. State, 682 S.W.2d 563, 564 (Tex.Crim.App.1985).

Jack N. McCrary and Suzanne F. McCrary v. William A. Hightower, UBS Financial Services, Inc., B.B. Tuley, Brian Davidson and Panoramic Investigations

513 S.W.3d 1 · Court of Appeals of Texas · Nov 22, 2016

their First Amended Petition, 1 The McCrarys’ petition acknowledges that Suzanne was not the subject of any defamatory communications, but nonetheless alleges that Suzanne’s “good name and reputation were clearly … “The judicial proceedings privilege is tantamount to immunity; where there is an absolute privilege, no civil action or damages for oral or written communications will lie, even though the language is false and uttered or

Neighborhood Centers Inc. v. Doreatha Walker

499 S.W.3d 16 · Court of Appeals of Texas · May 24, 2016

Neighborhood Centers also operates the Promise Community School, an open-enrollment charter school established pursuant to Texas Education Code chapter 12.3 Neighborhood Centers hired Walker, who has a master’s degree … under this chapter has not been clearly and unambiguously waived. 17  We overrule Walker’s sole issue on appeal.

Port Iron & Supply Co. v. Moore

153 S.W.2d 319 · Court of Appeals of Texas · Jun 19, 1941

The receiver thus appointed, after having duly qualified as such, caused himself to be substituted as plaintiff herein. … We have carefully reviewed the evidence adduced and we are not prepared to say that the fact elements necessary and essential to sustain the defense urged by appellant were established conclusively by undisputed testimony

Lusby v. Cozby

402 S.W.2d 799 · Court of Appeals of Texas · Apr 15, 1966

By four points of error on appeal the appellants present the sole ultimate question: Were the twenty-two persons who were refused the right to vote qualified voters ? … That being true, Coppell must be considered as having adopted the provisions of Article 961 and clearly entitled to exercise the grant of authority contained in Article 973.

Combs v. Texas Civil Rights Project

410 S.W.3d 529 · Court of Appeals of Texas · Aug 29, 2013

When sovereign immunity is clearly implicated, it is reasonable to require that a petitioner’s Rule 202 pleadings demonstrate that he is potentially entitled to some type of relief that would not be barred by sovereign immunity … While government employees may, under certain circumstances, be entitled to "official immunity,” such immunity is an affirmative defense, and the burden is on the government employee to establish all elements of the defense

Andrada v. City of San Antonio

555 S.W.2d 488 · Court of Appeals of Texas · Jul 13, 1977

But even at a time when courts were alert to strike down regulations of economic freedom, ameliorative legislation was upheld by acknowledging that freedom of contract is a qualified, not an absolute, right. … “Liberty implies the absence of arbitrary restraint, not immunity from reasonable regulations and prohibitions imposed in the interests of the community. . . .

McKinney v. City of Gainesville

814 S.W.2d 862 · Court of Appeals of Texas · Aug 23, 1991

This section clearly provides that “[a] municipality is liable under this chapter for damages arising from its governmental functions, ...” Id. (emphasis added). “Under this chapter” refers to the TTCA. … regarding the municipality being ‘liable under this chapter* requires, and was intended to require, that liability arising out of a governmental function (including those so classified in the section 101.0215(a) list) be established

Harris County v. White

823 S.W.2d 385 · Court of Appeals of Texas · Jan 14, 1992

Clearly, deprivations of rights pursuant to official custom or policy may lead to governmental liability, Monell v. … Harris County’s policy of transporting prisoners by van is clearly not an unconstitutional policy.

Armendarez v. Tarrant County Hospital District

781 S.W.2d 301 · Court of Appeals of Texas · Dec 13, 1989

establishing as a matter of law that their duties were uniquely governmental in nature. … In Pangburn , the *311 court held that a staff psychiatrist at the state hospital was immune for ordinary negligence in releasing a patient. The decision was based on a statute which extended such qualified immunity.

Texas Workforce Commission v. Harris County Appraisal District

488 S.W.3d 843 · Court of Appeals of Texas · Mar 31, 2016

. 6 Subchapter E of chapter 201 excludes certain services from qualifying as employment under the Texas Unemployment Compensation Act. … In that case, we held that board members were entitled to judicial immunity because they were quasi-judicial officers who performed functions similar to those of judges. Id. at 594-96 .

Kidd v. Texas Public Utility Commission

481 S.W.3d 388 · Court of Appeals of Texas · Nov 25, 2015

To establish the district court’s subject-matter jurisdiction over their claims (which, again, named the Commission .as the defendant and would have thereby.implicated sovereign immunity), 6 appellants purported to rely on … Most critical is the text of section 2001.038, the waiver of sovereign immunity *394 on which they rely in their attempt to establish jurisdiction.

City of Denton v. Mathes

528 S.W.2d 625 · Court of Appeals of Texas · Oct 3, 1975

That court held that the Texas Tort Claims Act “provides for the notice requirements, and sec. 16 of the Act is clearly intended to be an exclusive notice requirement for purposes of bringing suit under the Act. . . . … Where the Act waives governmental immunity and no exclusion or express provision limits this immunity, the general law of this State will apply to the litigants in the same manner that it would apply to individuals.

Texas Department of Transportation v. Garrison

121 S.W.3d 808 · Court of Appeals of Texas · Oct 30, 2003

But, the Act also establishes various exceptions to this general waiver of immunity. … Appellees contend the Letter clearly indicates TXDOT had determined to utilize a stop and go signal, but failed to implement its policy. They further contend Zambory *811 supports their waiver of immunity argument.

McDonald v. Alamo Motor Lines

222 S.W.2d 1013 · Court of Appeals of Texas · Sep 14, 1949

The pleadings and the matters set forth in the bills of exception, as qualified by the trial court, disclose the following facts and circumstances: As an element of damage, McDonald pleaded, “that the nerves which controlled … Thus, the fact that the defendant in an automobile accident case is insured against liability does not render him immune from use of his- admissions by the other side.

University of Texas System v. Letitia Thomas

464 S.W.3d 754 · Court of Appeals of Texas · Mar 26, 2015

The Austin Court of Appeals extended the rationale of the Texas Supreme Court in Manbeck, which involved a school district’s governmental immunity, to state agencies such as UT and held that sovereign immunity bars a workers … We noted that the language of section 410.258(f) “clearly provided a consequence for the failure to comply”: any judgment rendered before the party that initiated the judicial review proceeding provided the statutorily-required

Jilani ex rel. Jilani v. Jilani

747 S.W.2d 504 · Court of Appeals of Texas · Mar 16, 1988

was a good and useful one, the experience of the law would empirically establish the wisdom of that doctrine. … If the Court really feels that it is necessary and proper that changes should be made in the definition and extent of the doctrine of parental immunity, it is in a position to do so, and may do so in such a manner as to clearly