Case law

David Jollone King v. State

Texas Court of Appeals, 3rd District (Austin) · Apr 25, 2014

A trial court abuses its discretion when its decision was so clearly wrong as to lie outside the zone of reasonable disagreement. Id. … And only the State can grant him immunity to testify. Mr. Byrd, we’ll give you immunity. You go up there, we can’t use what you say against you. You have to testify. You can be compelled to testify.

Donald R. Crow v. David Smith and Texas Department of Health

Texas Court of Appeals, 3rd District (Austin) · Jun 21, 1995

Sovereign Immunity Appellees contend that the doctrine of sovereign immunity prohibits suit against TDH and Smith acting in his official capacity absent the State's prior consent to be sued. (1) Under the doctrine of sovereign … He still has a job with TDH at the same salary he drew as Bureau Chief; however, he is now clearly an at-will employee.

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

Texas Court of Appeals, 3rd District (Austin) · Jul 16, 2010

Second, he argues that the Commission, in order to qualify as a deferral agency, (7) must meet "the criteria under 42 U.S.C. … The Texas Supreme Court has clearly and unequivocally stated that the TCHRA requires exhaustion of administrative remedies before suit, and it is well established in Texas that the failure to exhaust before filing suit deprives

Gurumurthy Kalyanaram v. the University of Texas System, the University of Texas at Dallas, Dr. Franklyn G. Jenifer, Dr. Hobson Wildenthal, Dr. Hasan Pirkul, and Robert Lovitt

Texas Court of Appeals, 3rd District (Austin) · May 20, 2009

A party suing a governmental entity must establish the State's consent through a statute or express legislative permission. Id . … Madeley , 626 S.W.2d 726, 731-32 (Tex. 1981) (court will not entertain evidence of extrinsic agreements when contract is clearly integrated).

Hunt County Community Supervision and Corrections Department v. Christina Gaston

451 S.W.3d 410 · Texas Court of Appeals, 3rd District (Austin) · Sep 19, 2014

HCCSCD then timely perfected this appeal from the district court’s order. 27 ANALYSIS It is now well established, and the parties agree, that in order to invoke the Whistleblower Act’s waiver of immunity, Gaston was required … the Legislature has clearly and unambiguously waived immunity with respect to the facts Gaston has presented.

Douglas W. Kirk v. Plano Independent School District Nancy Humphrey, Individually and in Her Official Capacity as President of the Board of Trustees of the Plano Independent School District Anika Vaughan, Individually and in Her Official Capacity as Teacher for Plano

Texas Court of Appeals, 3rd District (Austin) · Oct 5, 2015

He also provides no support for his argument made in passing that a lack of the record allows him to establish the record by his sole unsupported dictat rather than the established presumption of the law that the missing … immunity from suit. !

Robert Lee Coggin v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 9, 2003

The Sixth Circuit, though, noted that an official loses his immunity where a reasonable person would have known the defendant had a "clearly established" right to engage in the challenged conduct. Id. at 1254. … The Sixth Circuit held that the arresting officer should have known that the defendant's speech was constitutionally protected; consequently, the officer did not qualify for immunity. Id. at 1255.

Smith v. Abbott

311 S.W.3d 62 · Texas Court of Appeals, 3rd District (Austin) · Apr 13, 2010

Code Ann. § 232.014 , the agency shall issue the affected license to BRIAN CHARLES SMITH if he is otherwise qualified for the license. See Tex. … Consequently, sovereign immunity will bar an otherwise proper UDJA claim that has the effect of establishing a right to relief against the State for which sovereign immunity has not been waived. See City of Houston v.

Texas Department of State Health Services And Kyle Janek, in His Official Capacity as Executive Commissioner of the Texas Health and Human Services Commission v. Marcela Balquinta Planned Parenthood of Greater Texas Family Planning and Preventative Health Services, Inc. Planned Parenthood Association of Hidalgo County Texas, Inc. Planned Parenthood Association of Lubbock, Inc.

Texas Court of Appeals, 3rd District (Austin) · Apr 9, 2014

or avoid implicating immunity in the first instance. … effect of establishing a right to relief against [a governmental entity] for which the Legislature has not waived . . . immunity.”91 For example, sovereign immunity bars a UDJA claim that would have the effect of challenging

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

Texas Court of Appeals, 3rd District (Austin) · Jul 16, 2010

Second, he argues that the Commission, in order to qualify as a deferral agency,7 must meet “the criteria under 42 U.S.C. … The Texas Supreme Court has clearly and unequivocally stated that the TCHRA requires exhaustion of administrative remedies before suit, and it is well established in Texas that the failure to exhaust before filing suit

Victoria Joint Venture and Thomas A. Anderson, III v. Helen R. Walker and Victoria County Public Facilities Corporation

Texas Court of Appeals, 3rd District (Austin) · Aug 30, 1995

This addition clearly falls within the scope of sections 5(a) and 5( l ) of the 1992 Wayne lease. … Governmental employees can assert the affirmative defense of official immunity from suit only if they establish three elements: (1) that the suit arises from the performance of discretionary duties; (2) that they acted within

In Re Donald Ray LEE, Latricia Doyal, Paulette Savage and Jonathan Chase

412 S.W.3d 23 · Texas Court of Appeals, 3rd District (Austin) · Feb 28, 2013

According to the certification, the recall petition had the required number of signatures of qualified voters.' … The Relators contend that the City Secretary and City Council violated ministerial duties established in the City Char-: ter.

Austin State Hospital v. Kitchen

903 S.W.2d 83 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

CONCLUSION We hold that Kitchen bore the burden of proving that reasonable accommodation was possible as part of her burden of establishing that she was otherwise qualified for her position at ASH. … The plaintiff must first establish her prima facie case, demonstrating by a preponderance of the evidence that she was qualified for the position and that the circumstances of termination give rise to an inference of unlawful

Britton Cherish Walters v. Columbia/St. David's Healthcare System, L.P. Hospital Internists of Austin, P.A. Steven Todd Cole, D.O. And Louis J. Lux, M.D.

Texas Court of Appeals, 3rd District (Austin) · Apr 14, 2005

David’s actions of referring Walters to peer review and restricting her treatment of HIA patients would be justified as legitimate business decisions and protected by the qualified immunity attached to peer review actions … Because HIA conclusively established its affirmative defense of justification, Walters’s seventh issue is overruled. Qualified Privilege In response to all of Walters’s claims, St.

Robert Lee Coggin v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 9, 2003

The Sixth Circuit, though, noted that an official loses his immunity where a reasonable person would have known the defendant had a “clearly established” right to engage in the challenged conduct. Id. at 1254. … The Sixth Circuit held that the arresting officer should have known that the defendant’s speech was constitutionally protected; consequently, the officer did not qualify for immunity. Id. at 1255.

State of Texas v. Fidelity and Deposit Company of Maryland and Colonial American Casualty and Surety Company

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.

Edie Crain v. Smithville Regional Hospital and James W. Langford

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 1999

self-insurance. (3) While the Hospital offered its employees group insurance health benefits as well as a separate accident policy to cover on-the-job injuries, the Hospital did not provide coverage of the type that would qualify … It is well established that for the legislature to waive the State's sovereign immunity, it must do so by clear and unambiguous statutory language. See Duhart v. State , 610 S.W.2d 740, 742 (Tex. 1980).

Robert Lee Coggin v. State

Texas Court of Appeals, 3rd District (Austin) · Oct 9, 2003

The Sixth Circuit, though, noted that an official loses his immunity where a reasonable person would have known the defendant had a "clearly established" right to engage in the challenged conduct. Id . at 1254. … The Sixth Circuit held that the arresting officer should have known that the defendant's speech was constitutionally protected; consequently, the officer did not qualify for immunity. Id . at 1255.

Dr. Eric A. VanderWerff, D.C. v. Texas Board of Chiropractic Examiners

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2014

(section 2001.038 is grant of original jurisdiction and waives sovereign immunity). … It is this prospective application of the rules, rather than any past or present application of them, that appellant alleges establishes jurisdiction under section 2001.038.

TML Intergovernmental Employee Benefits Pool v. Prudential Insurance Company of America

Texas Court of Appeals, 3rd District (Austin) · May 13, 2004

Governmental immunity encompasses two principles: immunity from suit and immunity from liability. Texas Natural Res. Conservation Comm'n v. IT-Davy , 74 S.W.3d 849, 853 (Tex. 2002). … --Austin 2004, pet. filed) ("It is well established that the State's initiation of suit is an exception to sovereign immunity from suit clearly recognized by Texas courts.").