Case law

Maha Mansoor v. University of Texas at Austin

Texas Court of Appeals, 3rd District (Austin) · Jul 23, 2025

“[W]e review de novo whether a plaintiff has alleged or offered undisputed evidence of facts that establish jurisdiction.” Villarreal, 620 S.W.3d at 905. … The administrative-disposition form that was provided to Mansoor before she received a zero clearly outlines the charges against Mansoor and the evidence the governing body considered.

Zeifman v. Nowlin

322 S.W.3d 804 · Texas Court of Appeals, 3rd District (Austin) · Aug 27, 2010

There are certain exceptions to this immunity. … Once Nowlin conclusively established as an affirmative defense that she was entitled to the statutory immunity afforded an amicus attorney, the burden of production shifted to Zeifman to present evidence sufficient to create

City of New Braunfels v. Roger G. Allen

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 2004

Barfield, 898 S.W.2d 288, 296 (Tex. 1995) (“The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived.”). … Although the legislative history is unclear as to why section 554.0035 was added, we believe the first sentence of section 554.0035 and section 554.003 clearly waive immunity from suit, while the second sentence of section

City of New Braunfels v. Roger G. Allen

Texas Court of Appeals, 3rd District (Austin) · Apr 1, 2004

Barfield , 898 S.W.2d 288, 296 (Tex. 1995) ("The statute clearly waives immunity; indeed, there would be no purpose for the Act at all if immunity were not waived."). … Although the legislative history is unclear as to why section 554.0035 was added, we believe the first sentence of section 554.0035 and section 554.003 clearly waive immunity from suit , while the second sentence of section

John Doe v. Board of Directors of the State Bar of Texas Commission for Lawyer Discipline And Linda Acevedo, in Her Official Capacity as the Chief Disciplinary Counsel of the State Bar of Texas

Texas Court of Appeals, 3rd District (Austin) · Oct 27, 2015

, and it requires a plaintiff to establish his or her right to declaratory relief in order to establish jurisdiction. … This Court’s prior holdings treat the constitutional provisions as waivers of immunity and require that the plaintiff plead a valid cause of action thereunder in order to establish immunity.

Andrew Matej v. Texas Park & Wildlife Department

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2024

Because a statutory violation is necessary to establish a waiver of immunity, the jurisdictional and merits inquiries for the statutory claim are intertwined. Id. at 783. … To establish a prima facie case of discrimination under the TCHRA, a plaintiff must show that he: (1) is a member of a protected group; (2) was qualified for the position at issue; (3) suffered an adverse employment action

Esperanza Andrade, in Her Official Capacity as Secretary of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana and David Van Os

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

We determine only whether sovereign immunity bars that claim. … It is too much of a stretch to conclude that, upon failing to uncover every existing error, such a recount would necessarily fail to qualify as a "recount" for the purposes of section 211.001.

Esperanza Andrade, in Her Official Capacity as Secretary of State for the State of Texas v. NAACP of Austin, Nelson Linder, Sonia Santana and David Van Os

Texas Court of Appeals, 3rd District (Austin) · Apr 10, 2009

We determine only whether sovereign immunity bars that claim. … It is too much of a stretch to conclude that, upon failing to uncover every existing error, such a recount would necessarily fail to qualify as a “recount” for the purposes of section 211.001.

Gerard Matzen// Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office v. Marsha McLane, in Her Official Capacity as Director of Texas Civil Commitment Office, and the Texas Civil Commitment Office// Cross-Appellee, Gerard Matzen

Texas Court of Appeals, 3rd District (Austin) · Mar 6, 2020

Fifth issue: McLane’s entitlement to qualified immunity In his fifth issue, Matzen contends that McLane was not entitled to qualified immunity as to his claims alleging that she was: (1) not performing discretionary … (noting that official immunity is also referred to as qualified immunity). Qualified immunity is not at issue when a government employee is sued only in employee’s official capacity.

State v. Fidelity & Deposit Co. of Maryland

127 S.W.3d 339 · Texas Court of Appeals, 3rd District (Austin) · Jan 29, 2004

The term “sovereign immunity” includes two principles: immunity from suit and immunity from liability. Id. … It is well established that the State’s initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts. This exception has been recognized in a variety of procedural postures.

Linda Cloud v. Mike McKinney and Kathy Walt

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2006

Clark , 38 S.W.3d 578, 580 (Tex. 2000) (to qualify under official immunity, employee must have been (1) performing discretionary duties (2) that are within the scope of his authority (3) in good faith). … City of Mesquite , 830 S.W.2d 94 , 100-01 n.2 (Tex. 1992) (Cornyn, J., concurring) (referring to various ways official immunity has been referred to, including governmental, quasi-judicial, and qualified).

State of Texas v. Barbara Oakley, as Guardian of the Estate and Person of Richard Danziger, a Disabled Adult

Texas Court of Appeals, 3rd District (Austin) · Dec 16, 2005

This clearly demonstrates that the legislature intended claims made under this chapter to be personal in nature and limited to the wrongfully imprisoned person. … To widen the legislature's waiver of immunity and graft more liberal common-law principles onto these statutes flies in the face of established sovereign immunity law.

State of Texas and Texas Department of Transportation v. George Lueck

Texas Court of Appeals, 3rd District (Austin) · Aug 18, 2006

Sovereign immunity is waived only when the legislature has clearly and unambiguously expressed that intent. See Tex. Gov’t Code Ann. § 311.034 (West Supp. 2005); Texas Dep’t of Transp. v. … (“We believe the first sentence of section 554.0035 . . . clearly waive[s] immunity from suit, while the second sentence of section 554.0035, by its terms, waives immunity from liability.”)

Linda Cloud v. Mike McKinney and Kathy Walt

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2006

Clark, 38 S.W.3d 578, 580 (Tex. 2000) (to qualify under official immunity, employee must have been (1) performing discretionary duties (2) that are within the scope of his authority (3) in good faith). … City of Mesquite, 830 S.W.2d 94, 100-01 n.2 (Tex. 1992) (Cornyn, J., concurring) (referring to various ways official immunity has been referred to, including governmental, quasi-judicial, and qualified).

Hays County v. Hays County Water Planning Partnership

106 S.W.3d 349 · Texas Court of Appeals, 3rd District (Austin) · May 8, 2003

The Texas Constitution establishes the commissioners court as the county’s principal governing body. Tex. Const. art. V, § 18. … and legislative immunity.

Rosaena Resendez v. Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Dec 28, 2012

Without such a waiver, sovereign immunity deprives a court of subject-matter jurisdiction. Miranda, 133 S.W.3d at 224. … Thus, in order to qualify for section 554.0035’s limited waiver of immunity, Resendez must plead facts which, if true, establish a violation of section 554.002 of the whistleblower act. See id.

Texas General Land Office and Texas Commission on Environmental Quality // Crystal Clear Water Supply Corporation v. Crystal Clear Water Supply Corporation // Texas General Land Office and Texas Commission on Environmental Quality

Texas Court of Appeals, 3rd District (Austin) · Aug 22, 2014

Crystal Clear asserts that the tracts comprising the 151 acres are clearly receiving water service and that if that acreage and the Decertified Property were treated as a single tract, none of the GLO’s property would qualify … If it was not, then the property qualified for expedited decertification under section 13.254(a-5).

N.C. Sturgeon, L.P. and Wilks Masonry Corp. v. Sul Ross State University (Part of the Texas State University System)

Texas Court of Appeals, 3rd District (Austin) · Jan 16, 2003

Sovereign immunity consists of immunity from liability, which the State waives when it contracts with a private party, and immunity from suit, which is not waived by the act of entering into a contract. Id. … Generally, a party seeking to sue the State must show that the State's immunity from suit has been waived by express consent; express consent may be established by statute or legislative resolution. Id.

Walter Zawislak, MD v. Texas Medical Board

Texas Court of Appeals, 3rd District (Austin) · Jan 25, 2019

Zawislak moved to strike Moskow’s testimony and written report, alleging that Moskow was not qualified as an expert. The administrative law judge overruled Zawislak’s motion. … ; (2) in granting an untimely Rule 91a motion; (3) in not allowing him to replead to establish a waiver of immunity; (4) in sustaining the plea to the jurisdiction because the expert report and deposition testimony constitute

Michael Hamilton v. Mark Washington, in His Capacity as City of Austin Civil Service Director Art Acevedo, in His Capacity as City of Austin Chief of Police The City of Austin, Gary Cobb and Stephen Edmonds, in Their Capacity as Members of Austin Firefighters

Texas Court of Appeals, 3rd District (Austin) · Dec 23, 2014

See id. § 143.057(d) (if officer and department head do not agree on hearing examiner within ten days, director shall request list of seven qualified neutral arbitrators). … Therefore, governmental immunity will bar an otherwise proper UDJA 11 claim seeking to construe or invalidate a statute if the remedy has the effect of establishing a