Case law
Opinions from 1658 to today.
2,255 results
2.07s
Texas Court of Appeals, 3rd District (Austin) · Aug 30, 2001
To establish a waiver of immunity from suit, a plaintiff need only allege that a government motor vehicle was used or operated, and that there was a nexus between the injury and the operation or use of the motor vehicle by … The cases cited by the parties would seem to establish that this constitutes a "use." See, e.g., Hitchcock , 738 S.W.2d at 34 .
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 31, 2010
Because Neal had frequently gone to the gaming room, the group thought that Tran and Lee would allow her to enter the establishment. … A shotgun qualifies as a deadly weapon per se. Dominguez v. State , 125 S.W.3d 755, 761 (Tex. App.--Houston [1st Dist.] 2003, pet. ref'd).
Cited 0 timesPublishedHays County, Texas v. Hays County Water Planning Partnership
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. … legislative immunity.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 26, 2010
In its second issue, TSBVI contends that it conclusively established that the personnel implicated by the Dugoshes’ claims were shielded by official immunity, thus establishing that it would not be vicariously liable under … to abolishing [sovereign] immunity, contrary to the limited waiver the Legislature clearly intended.”
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 18, 2007
As an affirmative defense, the burden is on the defendant to establish the elements of the defense. Id. at 653. … Not all governmental employees qualify as public officials, and there is no specific test for determining whether an individual is a public official.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 30, 2003
Rosa Mora-Nichols filed this lawsuit, pursuant to the Uniform Declaratory Judgments Act, seeking to establish her rights as they relate to her pay and classification. … Clearly, Mora-Nichols is seeking more than declaratory relief in this lawsuit.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 30, 2003
Rosa Mora-Nichols filed this lawsuit, pursuant to the Uniform Declaratory Judgments Act, seeking to establish her rights as they relate to her pay and classification. … Clearly, Mora-Nichols is seeking more than declaratory relief in this lawsuit.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 30, 2007
An otherwise-proper declaratory claim alleging statutory violations may nonetheless have the effect of establishing a right to a remedy that is barred by sovereign immunity. … Although sometimes criticized as arbitrary or unfair in the manner by which it shields alleged “improvident actions” by government from judicial redress, sovereign immunity is nonetheless the established law of Texas that
Cited 0 timesPublishedLinda Cloud v. Mike McKinney and Kathy Walt
Texas Court of Appeals, 3rd District (Austin) · May 18, 2007
In his motion for summary judgment, McKinney asserted that he was immune from suit under the doctrines of sovereign immunity and official immunity. … As an affirmative defense, the burden is on the defendant to establish the elements of the defense. Id. at 653 .
Cited 0 timesPublishedDr. 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.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Aug 14, 2015
purview and is, therefore, barred by sovereign immunity. … s Response to Intervenors' Motion to Find the Prospe conclusion of this review, SOAH is directed to provide a specific finding that prospective transferees either are qualified or are not qualified.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 26, 2000
However, the District allowed qualified teachers to move up one step on the salary schedule, thereby increasing their salary. … Yet, the document clearly labeled the salary figures as "proposed," and the Teachers confirmed that the superintendent never represented that the figures had been approved.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 3, 2010
One implication of this limitation is that an otherwise proper UDJA claim seeking to construe or invalidate a statute is nonetheless barred by sovereign immunity if the remedy would have the effect of establishing a right … Simply described, 7 U.S.C.A. § 1926 establishes a loan program through the U.S.
Cited 0 timesPublishedState of Texas, by and Through Greg Abbott, the Attorney General v. Marion Young
Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2008
As the plaintiff attempting to sue the State, Young had the burden of affirmatively establishing that his claim fell within chapter 103’s sovereign-immunity waiver. Id. … Furthermore, by restricting the waiver to a claimant who “has been granted relief on the basis of actual innocence for the crime,” as opposed to a formulation like “is actually innocent . . . ,” the legislature clearly
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Oct 31, 2012
—Austin 1942, writ dism’d by agr.), and, as such, enjoys immunity from suit unless the legislature has expressly waived that immunity, see Wichita Falls State Hosp. v. Taylor, 106 S.W.3d 692, 695-96 (Tex. 2003). … Consequently, we hold that sovereign immunity bars Wynne’s claims against the Board members.
Cited 0 timesPublishedthe University of Texas at Austin & Its Board of Regents v. Tracy Hinton
Texas Court of Appeals, 3rd District (Austin) · Dec 11, 1991
We find in the record nothing to diminish the effect of this qualifying statement, and nothing to indicate that the jury disregarded it. … In their tenth point of error, the Defendants complain that these answers were insufficient to establish their liability.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 3, 2010
One implication of this limitation is that an otherwise proper UDJA claim seeking to construe or invalidate a statute is nonetheless barred by sovereign immunity if the remedy would have the effect of establishing a right … " within the meaning of section 1926; (2) the utility has a qualifying federal loan outstanding; and (3) the utility "provided or made [service] available" to the disputed area.
Cited 0 timesPublishedDonald, Willa and Donna O'Connor v. City of Cedar Park
Texas Court of Appeals, 3rd District (Austin) · Jun 24, 1992
Further, uncontroverted evidence established that once the ditch was completed, the flooding stopped. … Therefore, the Tort Claims Act does not waive Cedar Park's immunity from liability for the O'Connors' property damage.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Mar 20, 2008
. § 1983 ("section 1983"); appellees were entitled to qualified immunity from any claims under section 1983; appellees were not liable under section 1983 in their official or supervisory capacities; and there was no justiciable … He argues that his claims are directed at appellees' actions in establishing the special prison prosecution unit in violation of the constitution.
Cited 0 timesPublishedState of Texas, by and Through Greg Abbott, the Attorney General v. Marion Young
Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2008
As the plaintiff attempting to sue the State, Young had the burden of affirmatively establishing that his claim fell within chapter 103's sovereign-immunity waiver. Id. … Furthermore, by restricting the waiver to a claimant who " has been granted relief on the basis of actual innocence for the crime," as opposed to a formulation like " is actually innocent . . . ," the legislature clearly
Cited 0 timesPublished
Ask Donna