Case law

Jaso v. Travis County Juvenile Board

6 S.W.3d 324 · Texas Court of Appeals, 3rd District (Austin) · Nov 4, 1999

University of Mississippi, the Fifth Circuit emphasized that a fact-finder can infer pretext if it finds that the employee was clearly better qualified (as opposed to merely better or as qualified). … Jaso does not claim to have been clearly better qualified than Medina for the position of chief. The Board argues that this is the only way to establish a pretext for age-discrimination. We disagree.

Daniel J. Peterson, D/B/A Chiarello Investments, D/B/A Home Equity lending.com v. County Line, Inc. James Houchins and Greg A. Weithoner

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2008

He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. … Discussion “A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable

Derrick Dutton v. Sheryl Hayes-Pupko

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2008

He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. … Discussion "A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Texas Department of Criminal Justice v. Cooke

149 S.W.3d 700 · Texas Court of Appeals, 3rd District (Austin) · Jul 1, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Joseph Rome v. Eugene Burden, Michel Cabello, Angela Phillips, and Sareta Davis

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

Qualified immunity is an affirmative defense. We need only reach this issue if there is a clearly established statutory or constitutional right violated. Rome has not alleged any violation of a statutory right. … Furthermore, as Rome did not establish the predicate constitutional violation, we need not reach the issue of qualified immunity.

Joseph Rome v. Eugene Burden, Michel Cabello, Angela Phillips, and Sareta Davis

Texas Court of Appeals, 3rd District (Austin) · Oct 31, 2002

Qualified immunity is an affirmative defense. We need only reach this issue if there is a clearly established statutory or constitutional right violated. Rome has not alleged any violation of a statutory right. … Furthermore, as Rome did not establish the predicate constitutional violation, we need not reach the issue of qualified immunity.

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson’s numerous claims. … was objectively unreasonable in light of the clearly established right.

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson's numerous claims. … The plaintiff must show that (1) the official's conduct violated a federally guaranteed right, (2) the right was clearly established, and (3) the official's conduct was objectively unreasonable in light of the clearly established

Emerson v. Borland

927 S.W.2d 709 · Texas Court of Appeals, 3rd District (Austin) · Sep 18, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v.

Les Eckert and Aberdeen Insurance Services, Inc. v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance for the State of Texas and Texas Department of Insurance

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2005

If we find an alleged violation of a constitutional right, we then consider if the right was “clearly established.” Id . … was “clearly established.”

Dear v. City of Irving

902 S.W.2d 731 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 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).

Les Eckert and Aberdeen Insurance Services, Inc. v. Jose Montemayor, in His Official Capacity as Commissioner of Insurance for the State of Texas and Texas Department of Insurance

Texas Court of Appeals, 3rd District (Austin) · Mar 31, 2005

to qualified immunity. … was “clearly established.”

Texas Department of Public Safety v. Salazar

304 S.W.3d 896 · Texas Court of Appeals, 3rd District (Austin) · Feb 25, 2010

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

King v. Texas Department of Human Services

28 S.W.3d 27 · Texas Court of Appeals, 3rd District (Austin) · Sep 12, 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.

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

In her motion for summary judgment, Bembry raised two affirmative defenses: judicial and qualified immunity. Pease raises three issues on appeal. First, he denies Bembry's claim of immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

She contended that the statement was not slanderous and that she was entitled to judicial or qualified immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Texas Department of Criminal Justice v. Arthur Cooke, Ernest Cortez, Larry Johnson, and Dequinna Moore

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Texas Department of Criminal Justice v. Arthur Cooke, Ernest Cortez, Larry Johnson, and Dequinna Moore

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Ernest A. Emerson, Quay Wood, Brian McRae, Glenn Zoch and Louis diDonato v. H. Scott Borland

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v. Holloway , 127 L.

Wuertz v. Wilson

922 S.W.2d 268 · Texas Court of Appeals, 3rd District (Austin) · Jun 12, 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 ease, 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