Case law

Zani v. State

657 S.W.2d 196 · Court of Appeals of Texas · Aug 31, 1983

You qualified that as a party. In other words, if the only thing we could prove is that she was a party to it, not a perpetrator, then I would think immunity— [Questions By Mr. … sufficient to produce the result and the conduct of the actor clearly insufficient.

Harris County v. Ochoa

881 S.W.2d 884 · Court of Appeals of Texas · Jul 28, 1994

Specifically, appellants argue that Deputies Glazier and Natho were entitled to qualified or official immunity from suit. … Conversely, if the employee is protected from liability under the doctrine of qualified immunity, then the governmental entity’s sovereign immunity remains intact.

In Re Hinterlong

109 S.W.3d 611 · Court of Appeals of Texas · Jul 3, 2003

Hinterlong clearly has established that the tipster “may be able to give testimony necessary to a fair determination of a material issue on the merits in a civil case”: specifically, testimony as to how and from whom the … The absolute immunity of parties and witnesses from subsequent liability for their testimony in judicial proceedings is well established at common law. Briscoe v.

Miller v. Curry

625 S.W.2d 84 · Court of Appeals of Texas · Nov 25, 1981

The Supreme Court in Imbler, supra, reasoned that if a prosecutor had only a qualified immunity, the threat of § 1983 suits would undermine performance of his duties to at least the same extent that the threat of common-law … In applying this well established and clearly defined law of absolute immunity for prosecutors engaged in their official capacities, as stated in Robichaud, supra, and Sykes, supra, as well as Imbler, supra, and other cases

Gonzales v. Lubbock State School

487 S.W.2d 815 · Court of Appeals of Texas · Oct 30, 1972

Plaintiffs’ suit, seeking to establish liability against the defendant governmental employer pursuant to the Texas Tort Claims Act 1 for personal injuries received in the course of employment, was summarily dismissed on summary … University of Texas: Greenhill and Murto, Governmental Immunity, 49 Texas L.Rev. 462 , 468 (1971). 3 . Id. t 472.

Ann Rosenberg v. KIPP, Inc.

458 S.W.3d 171 · Court of Appeals of Texas · Feb 2, 2015

The evidence shows Rosenberg was over forty and qualified for the position. The evidence also establishes she was not invited to return for the 2011-2012 academic year, and her employment was terminated in May 2011. … See Garcia II, 253 S.W.3d at 660 (holding the Texas Commission on Human Rights Act clearly and unambiguously waives immunity for suits brought against school districts under the Act). .

Wagner v. Alvarado Independent School District

598 S.W.2d 51 · Court of Appeals of Texas · Apr 17, 1980

Sec. 21.912, Texas Education Code, as construed in Barr does not create an absolute immunity for professional school employees. Rather it creates a “qualified” immunity. Barr v. Bernhard, cited supra, at 848. … In the instant case the acts complained of meet these three requirements and thus the qualified immunity of Sec. 21.912, as construed in Barr , does protect the Defendant-Appellants.

City of San Antonio v. Lower Colorado River Authority

369 S.W.3d 231 · Court of Appeals of Texas · Jul 29, 2011

By the middle of 2008, studies had established that under its original parameters, the project would generate between 90,000 and 115,000 acre-feet of water for SAWS. … This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v.

Risk Management Strategies, Inc. v. Texas Workforce Commission

464 S.W.3d 864 · Court of Appeals of Texas · May 22, 2015

The term “claim” is not defined in the Act, but the term “valid claim” is, and means “a claim filed by an unemployed individual who has received the wages necessary to qualify for benefits.” … .- ■ The other provisions within this chapter are also clearly concerned with the procedure for resolving disputes over claims for unemployment benefits.

Ex parte Springsteen

506 S.W.3d 789 · Court of Appeals of Texas · Dec 21, 2016

It is well established that the common law—the starting or default legal rule—recognizes no right to recover against the government for wrongful or erroneous imprisonment, 3 and sovereign *791 immunity—the age-old common-law … will bar [even] an otherwise proper [U]DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity" (citing City of Houston v.

Vela v. Gomez

4 S.W.3d 911 · Court of Appeals of Texas · Oct 21, 1999

Appellants’ sole issue contends the trial court erred in denying their motion for summary judgment based on the doctrine of official immunity. The standard of review in a summary judgment case is well-established: 1. … Official immunity is an affirmative defense requiring the defendant to establish all elements of the defense. City of Lancaster v. Chambers, 883 S.W.2d 650, 653 (Tex.1994).

South East Texas Regional Planning Commission v. Byrdson Services, LLC, D/B/A Excello Construction, LLC

454 S.W.3d 581 · Court of Appeals of Texas · Jan 22, 2015

To minimize waste, the contracts also required that the contractors performing work meet standards for quality, as established by the agreements. … 271.152’s waiver to be triggered by such contingent claims, and given the language on interpreting the intended scope of the waiver in the Code Construction Act, we are of the opinion that section 271.152 would have clearly

Rusk State Hospital v. Black

379 S.W.3d 283 · Court of Appeals of Texas · Jun 23, 2010

Thomas’s summary judgment motion clearly challenged the trial court’s subject matter jurisdiction. Id. at 339 . … Van Dusen, although establishing the cause of death as asphyxiation, also fails to show how the Hospital breached the applicable standard of care.

Annab v. Harris County

524 S.W.3d 793 · Court of Appeals of Texas · Mar 14, 2017

An-nab’s pleadings state that Caplan shot and *806 severely injured her, clearly an intentional tort. … The court expressly did not decide whether the plaintiffs negligence claims fell.within the waiver of immunity contained in the TTCA or whether they were barred by immunity for other reasons. Id. at 60-61 .

Russell v. City of Seymour

836 S.W.2d 283 · Court of Appeals of Texas · Jul 23, 1992

Assuming, without deciding, that Section 101.021(1)(A) waives immunity in all tort cases for the “non-use” of an available motor vehicle, the evidence conclusively establishes that no official request was made to Seymour … Encouraging the legislature to cure this problem in a future session, Greenhill answered his own argument that clearly it was not the legislature’s intent to waive immunity in all tort cases: But if they mean that the Legislature

Brown v. Hensley

515 S.W.3d 442 · Court of Appeals of Texas · Jan 26, 2017

each element of their affirmative defense of immunity under the Texas Charitable Immunity and Liability Act. … To establish their affirmative defense of immunity under the Act, the Board members were required to conclusively prove that each was a volunteer, the Association was a qualified organization as defined by the Act, 4 and

Vaquera v. Salas

810 S.W.2d 456 · Court of Appeals of Texas · May 31, 1991

; qualified immunity of Salas. … under the doctrine of qualified immunity; Salas and the City were entitled to sovereign immunity; and, since Salas was not liable, the City could not be liable under the doctrine of respondeat superior.

Jefferson County v. Stines

523 S.W.3d 691 · Court of Appeals of Texas · Jun 22, 2017

Consequently, governmental immunity will bar an otherwise proper DJA claim that has the effect of establishing a right to relief against a governmental entity for which the Legislature has not waived immunity. Id. . . … It is well-established, however, that certain types of claims brought under the DJA do not implicate governmental immunity.

Tex. S. Univ. v. Mouton

541 S.W.3d 908 · Court of Appeals of Texas · Jan 11, 2018

Mouton brought several allegations relating to inadequate security: that TSU did not provide enough security, hired incompetent security personnel that were not properly qualified or trained, failed to adequately supervise … ("[N]owhere does the petition allege facts to establish a nexus between the lifeguard stations or chairs and [the] injury.

City of Houston v. Northwood Municipal Utility District No. 1

73 S.W.3d 304 · Court of Appeals of Texas · Nov 15, 2001

This action clearly constitutes an inverse condemnation of Northwood’s Property for which it is entitled to compensation. ... 12. … of sovereign immunity.