Case law

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.

Housing Authority of the City of Austin v. Julia Garza

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2023

The Housing Authority filed a plea to the jurisdiction, asserting that Garza could not establish a waiver of its governmental immunity under the TTCA. … Because Garza did not continue to assert her special-defect claim in her trial-court response, we address only whether she established a waiver of immunity on her premises-defect claim.

Hays County v. Hays County Water Planning Partnership

69 S.W.3d 253 · Texas Court of Appeals, 3rd District (Austin) · Jan 17, 2002

Hays County failed to raise a claim of qualified immunity in its appeal of the denial of its summary judgment motion. … Therefore, even assuming that Hays County had properly raised legislative immunity in its appeal of the denial of summary judgment and that legislative immunity may be asserted as a type of qualified immunity under section

Michael Graham v. Rosban Construction, Inc. and Jack R. Bandy

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2009

Summary judgment based on an affirmative defense, such as qualified immunity, is proper if the movant establishes all of the elements of the defense as a matter of law. Montgomery v. … When a defendant seeks summary judgment based on qualified privilege, it is the defendant’s burden to conclusively establish that his allegedly defamatory statement was made with an absence of actual malice.

Catherine E. Scott-Nixon v. Texas Higher Education Coordinating Board and the University of Texas at Arlington

Texas Court of Appeals, 3rd District (Austin) · May 4, 2012

City of Dallas , 197 S.W.3d 371, 374 (Tex. 2006) (explaining that political subdivisions of State, including cities, are entitled to immunity similar to sovereign immunity that is called governmental immunity). … In Reconveyance , the supreme court also expounded upon what qualifies as an ultra vires suit.

Caroline Miller, Catherine Austin, Dewey T. Bell, Kimberly Bell, Mike Bellows, Rhonda Bellows, Curtis Dwayne Breaux, Lisa Gayle Breaux, Thomas J. Canton, Vera Canton, Warren J. Clark, Patricia K. Clark, Barbara Garry, Donna A. Green v. South East Texas Regional Planning Commission, Jefferson County Appraisal District, Roland R. Bieber and Jefferson County Drainage District No. 6

Texas Court of Appeals, 3rd District (Austin) · Jul 11, 2013

The local governmental entities asserted governmental immunity with respect to the state claims, and Bieber, the Chief Appraiser for JCAD, asserted official and qualified immunity from appellants’ claims. … Id. at 371. 6 individual capacity also may assert official or qualified immunity.

Sandra Greene// City of Austin v. City of Austin// Cross-Appellee, Sandra Greene

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2025

By cross-appeal, the City asserted that Greene’s retaliation claim was barred by sovereign immunity because she failed to establish that she suffered a materially adverse employment action, an element of a retaliation claim … Because we conclude that Greene failed to establish an element of her retaliation claim, and therefore, the City’s sovereign immunity was not waived by the TCHRA, we reverse the trial court’s judgment and dismiss Greene

Michael Graham v. Rosban Construction, Inc. and Jack R. Bandy

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2009

Summary judgment based on an affirmative defense, such as qualified immunity, is proper if the movant establishes all of the elements of the defense as a matter of law. Montgomery v. … When a defendant seeks summary judgment based on qualified privilege, it is the defendant's burden to conclusively establish that his allegedly defamatory statement was made with an absence of actual malice.

Kevin M. Pritts v. City of Round Rock, Round Rock Police Department, and Jeffrey Floyd

Texas Court of Appeals, 3rd District (Austin) · Mar 25, 2004

An officer is shielded by immunity if a reasonable officer could have believed the act was lawful, in light of clearly established law and the information the officer possessed. Id. at 641; see Hunter v. … As discussed above, Floyd established his right to qualified immunity.

First-Citizens Bank & Trust Co. v. Greater Austin Area Telecommunications Network

318 S.W.3d 560 · Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Supporters of the bill asserted that, because of the threat of sovereign immunity, many highly qualified contractors considered bidding on local government contracts too risky, leading many contractors, especially small businesses … Such language establishes an assignment here.

Catherine E. Scott-Nixon v. Texas Higher Education Coordinating Board and the University of Texas at Arlington

Texas Court of Appeals, 3rd District (Austin) · May 4, 2012

City of Dallas, 197 S.W.3d 371, 374 (Tex. 2006) (explaining that political subdivisions of State, including cities, are entitled to immunity similar to sovereign immunity that is called governmental immunity). … In Reconveyance, the supreme court also expounded upon what qualifies as an ultra vires suit.

Kevin M. Pritts v. City of Round Rock, Round Rock Police Department, and Jeffrey Floyd

Texas Court of Appeals, 3rd District (Austin) · Mar 25, 2004

An officer is shielded by immunity if a reasonable officer could have believed the act was lawful, in light of clearly established law and the information the officer possessed. Id. at 641; see Hunter v. … As discussed above, Floyd established his right to qualified immunity. 7 1997) (tort claims act does not apply to claim arising out of false imprisonment or other intentional

Risk Management Strategies, Inc. v. Texas Workforce Commission Commissioner Andres Alcantar Commissioner Ronald G. Congleton And Commissioner Hope Andrade

Texas Court of Appeals, 3rd District (Austin) · 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.” Id. … The other provisions within this chapter are also clearly concerned with the procedure for resolving disputes over claims for unemployment benefits.

Kerrie Dietrich and Edgar Dietrich v. Christopher Chambers, II and Wife, Alysha Dawn O'Leary, Individually and as Next Friend of Their Minor Child, C. O.C.

Texas Court of Appeals, 3rd District (Austin) · Oct 28, 2020

The Dietrichs generally denied the allegations and asserted statutory immunity and qualified privilege as defenses to the claims against them. … the affirmative defenses of statutory immunity, qualified privilege, and truth or substantial truth.

City of Round Rock v. Whiteaker

241 S.W.3d 609 · Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2007

Whiteaker clearly has standing to assert his claims. … has clearly and unambiguously stated otherwise”). 10 The supreme court has also stated that sovereign immunity protects the state and its subdivisions against suits seeking to “control state action.”

Chester William Ingram, Jr., M.D. v. Wayne Scott

Texas Court of Appeals, 3rd District (Austin) · May 11, 2000

The deemed admissions clearly establish as a matter of law that Ingram's contention that section 501.008(b)(1), a nondiscretionary act, is being violated. … The deemed admissions clearly establish as a matter of law that Ingram's contention that section 501.008(b)(1), a nondiscretionary act, is being violated.

City of San Antonio, Acting by and Through the San Antonio Water System v. Lower Colorado River Authority Rebecca A. Klein Michael G. McHenry Linda C. Raun Tom Martine Steve K. Balas Lori A. Berger Ida A. Carter John C. Dickerson, III Vernon E. Buddy Schrader W.F. Woody McCasland Franklin Scott Spears, Jr.

Texas Court of Appeals, 3rd District (Austin) · 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.

Jerry Scarbrough, Denise Steele, and Melissa Victoria Deaton v. Helen Purser, Sue E. Purser A/K/A Sue E. Van Zanten, Gary W. Purser, Jr., Joann M. Purser, and Elizabeth H. Tipton

Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2015

Scarbrough’s proffered qualified-immunity instruction was improper; the trial court’s refusal to submit it was neither error nor harmful. … Chimene, whether the proffered instruction was consistent with Cantey Hanger2, which allows qualified immunity from liability but not immunity from suit. Chief Justice Rose inquired of Ms.

Star Houston, Inc. v. Texas Department of Transportation, Motor Vehicle Division

957 S.W.2d 102 · Texas Court of Appeals, 3rd District (Austin) · Oct 16, 1997

Nor does it comport with established caselaw. … The termination letter clearly referenced the signage provision in the franchise agreement.

Stuart Thomas Gerstacker v. Kimberly Ann Gerstacker

Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2011

This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v. … See 197 S.W.3d at 346 (“[T]he Tookes do not claim damages within [the] limitations [established by section 271.153].