Case law

L. W. Parker v. City of Austin, Ron D. Mullen, Bruce M. Todd, Robert Barnstone, Carlton Lee Cooke, George A. Humphrey, Frank C. Cooksey, Sally S. Shipman, Mark N. Rose, Charles E. Urdy, Tracy H. Watson, Jorge Carrasco, and Forrest S. Carl-Mitchell

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 1999

Appellees filed a motion for summary judgment contending that Parker did not establish a valid cause of action and raising the affirmative defenses of limitations, governmental immunity, and qualified immunity. … and qualified immunity, respectively.

Gertrude Lambrecht v. County of Comal and Jack Bremer, Sheriff of Comal County, Texas

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1997

The test is derived from the federal good-faith test: "whether a reasonable officer could have believed his or her conduct to be lawful in the light of clearly established law and the information possessed by the officer … Official immunity, also referred to as quasi-judicial or qualified immunity, "evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability." Dear v.

the United Healthcare Choice Plus Plan for City of Austin Employees and the City of Austin v. Charles Lesniak

Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2015

entitlement to immunity predates amendments to the Government Code specifically stating that “[t]he establishment and maintenance of a self-insurance program by a governmental unit is not a waiver of immunity or of a … (Chapter 2259 applies to governmental unit’s establishment of self-insurance fund, including provision thereunder that such establishment “is not a waiver of immunity”).

Graylin Gant, Jay Heichelheim, Stephen Holt, Sherif Saudi, and Charles Braden v. Hon. Gregory W. Abbott, Kenny Koncaba, W. B.Boney, Trey Hill, Kelly K. Lovell, Henry S. Porretto, Wallace R. Hogan, Jr., Chris Henry, Derek Tracy, Clinton Schuessler, Wendy Morrison, David Manney, Jon Halvorsen, Christos Sotirelis, Mark Saunders, Scot E. Smith, Scott Mitchell, Matthew Bush, Chris Gutierrez, Michael Godnich, and David Dion

574 S.W.3d 625 · Texas Court of Appeals, 3rd District (Austin) · Apr 24, 2019

A plaintiff suing the State must establish a waiver of sovereign immunity. Texas Nat. Res. Conservation Comm’n v. IT-Davy, 74 S.W.3d 849, 855 (Tex. 2002). … “Consequently, sovereign immunity will bar an otherwise proper DJA claim that has the effect of establishing a right to relief against the State for which the Legislature has not waived sovereign immunity.” Id.

Debo Puryear v. Carolyn Cockfield as Next Friend and Parent of Zutella Holmes, a Minor

Texas Court of Appeals, 3rd District (Austin) · Apr 30, 1998

Puryear asserts she conclusively established she was entitled to qualified immunity. … Puryear asserts she conclusively established she was entitled to qualified immunity.

Texas Workers' Compensation Commission v. Texas Builders Insurance Co.

994 S.W.2d 902 · Texas Court of Appeals, 3rd District (Austin) · Jul 29, 1999

Moreover, the question of waiver of sovereign immunity for any such entity falls to the legislature, and “it is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear … insurance carrier, the legislature clearly intended that the statutory scheme it conceived be enforceable.

Texas Alcoholic Beverage Commission v. Mario Villarreal

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2024

TCHRA Generally The TCHRA clearly and unambiguously waives sovereign immunity, but only if a claimant states a claim for conduct that actually violates the statute. See Alamo Heights Indep. Sch. … Commission’s sovereign immunity.

MacHete's Chop Shop, Inc. v. the Texas Film Commission Heather Page, as Director of the Texas Film Commission The Music, Film, Television, and Multimedia Office, Office of the Governor And Greg Abbott, as Governor of the State of Texas

Texas Court of Appeals, 3rd District (Austin) · Dec 29, 2015

4 To overcome an official’s qualified immunity, a plaintiff must plead facts demonstrating “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of … Accordingly, Machete cannot establish that it had a clearly established right to these funds that Morales violated. See Ashcroft, 131 S. Ct. at 2080.

Bruce Wayne Houser v. Douglas Dretke, Director, Texas Department of Criminal Justice

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2009

Code Ann. § 521.123 (West 2007) (requiring Department to “orient the information on the license to clearly distinguish the [under 21] license from a license that is issued to a person who is 21 years of age or older”). … Salazar, Soria, and Trejo have presented no evidence that they are otherwise qualified or eligible for a promotion to the position of foreman.

Texas Department of Public Safety Lt. Col. Lamar Beckworth, in His Official Capacity as Interim Director of the Texas Department of Public Safety And Allan B. Polunsky, in His Official Capacity as Chairman of the Public Safety Commission v. Miguel Salazar Edgar Soria Francisco Avila Trejo Green Meadows Landscaping, Inc. Eustolio Galvan And Jose Gomez

Texas Court of Appeals, 3rd District (Austin) · Dec 31, 2009

Salazar, Soria, and Trejo have presented no evidence that they are otherwise qualified or eligible for a promotion to the position of foreman. … Code Ann. § 521.123 (West 2007) (requiring Department to "orient the information on the license to clearly distinguish the [under 21] license from a license that is issued to a person who is 21 years of age or older"). 6.

Terry Trimble, Tom Phillips, Judy Rouse, Barry W. Frederickson, and Claudia Langguth v. John L. Robinson

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 1996

Because official immunity is an affirmative defense, summary judgment is proper only if the movants establish conclusively each element of the defense. Kassen, 887 S.W.2d at 8 . … "[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred."

Ronald E. Wolfington Paul Mikulin And Cindy Petras v. David McKinzie

Texas Court of Appeals, 3rd District (Austin) · Dec 7, 1994

that the trial court erred in denying their motion for summary judgment because McKinzie did not establish that they were not entitled to summary judgment on the basis of the defense of qualified immunity as a matter of … Smith Affirmed Filed: December 7, 1994 Do Not Publish 1. 1 Appellants asserted two bases for summary judgment: qualified immunity and legal justification for their actions.

David Wuertz/Sam Wilson v. Sam Wilson/David Wuertz

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1996

In point of error one, Wuertz argues that the trial court erred in denying him qualified immunity by overruling his motion for judgment notwithstanding the verdict and motion for new trial because the evidence conclusively … Thus, in this case, we must consider only the evidence and inferences tending to support the finding that Wuertz was not entitled to the qualified immunity privilege and disregard all evidence and inferences to the contrary

Juan Enriquez v. the University of Texas System Board of Regents, James B. Milliken, and Dr. Erin Jones

Texas Court of Appeals, 3rd District (Austin) · May 31, 2024

Milliken and Jones argued that they were entitled to qualified immunity. 5 A party moving for traditional summary judgment must establish that there is no genuine issue of material fact and that he is entitled … show that the defendant’s conduct violated clearly 11 Enriquez argues that because qualified immunity is an affirmative defense and does not challenge jurisdiction, it is not properly part of an interlocutory

William C. Dear v. City of Irving and Benny Newman

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

"This immunity, variously known as governmental, official, quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability. … Under federal law, the defense of qualified immunity applies only if the officer's actions involved the exercise of discretionary duties. See Streetman v. Jordan , 918 F.2d 555, 556 (5th Cir. 1990).

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

Triple BB, LLC v. the Village of Briarcliff, Texas

566 S.W.3d 385 · Texas Court of Appeals, 3rd District (Austin) · Dec 21, 2018

Triple BB argues that the grant of an easement alone qualifies as a contract for service. … dism’d) (barring on sovereign immunity grounds UDJA action against State to establish easement in real property).

Southwest Guaranty Trust Co v. Providence Trust Co.

970 S.W.2d 777 · Texas Court of Appeals, 3rd District (Austin) · Jul 2, 1998

Exercising this discretion, the record indicates that Providence purchased what is commonly referred to as non-qualified “retirement annuities.” … established.

Jonah Water Special Utility District v. Aaron Keith White and Lance White

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

Jonah argues that because its immunity has not been clearly and unambiguously waived for contract claims like the one at issue, the trial court lacked subject matter jurisdiction over the Whites’ contract claim. … Univ., 951 S.W.2d 401, 408 n.1 (Tex. 1997), but more recent cases have found contract disputes not to qualify.