Case law

Morrison v. Wilson

District Court, N.D. Texas · Jun 30, 2021

immunity. … Lamb, 990 F.3d 879, 881 (5th Cir. 2021) (finding “the Bivens question is antecedent” to other issues in a case, including qualified immunity (internal quotations and citations omitted)).

Elliot v. Care Inn of Edna LLC

District Court, N.D. Texas · Jun 30, 2021

A federal issue is more likely to qualify as substantial if the case presents a nearly pure issue of law, the resolution of which “would be controlling in numerous other cases,” as opposed to a fact-bound issue; the federal … By contrast, the PREP Act would only afford immunity if it applies in this case.

Sanders

District Court, N.D. Texas · Nov 14, 2025

may summarily dismiss a complaint filed IFP if it concludes the action is: (1) frivolous or malicious; (2) fails to state a claim on which relief may be granted; or (3) seeks monetary relief against a defendant who is immune … Employment Discrimination To establish a claim of employment discrimination, Plaintiff must plead and prove that she (1) is a member of a protected class; (2) was qualified

MCorp v. Clarke

755 F. Supp. 1402 · District Court, N.D. Texas · Feb 1, 1991

Sovereign immunity a. The Federal Tort Claims Act The doctrine of sovereign immunity states that the government is exempt from defending itself against suit, unless it consents to be sued. U.S. v. … The facts to which the Defendants point to establish this conspiracy 23 do not rise beyond the level of happenstance.

Gordon v. Kellam

District Court, N.D. Texas · May 23, 2024

(Doc. 28). 2 The court is unable to clearly discern which claims Plaintiff is alleging because he merely lists numerous and random federal statutes in his pleadings and fails to provide any supporting facts or identify … When a plaintiff has previously amended his pleadings, “[a]t some point, a court must decide that a plaintiff has had fair opportunity to make his case; if, after that time, a cause of action has not been established, the

Geric Brown v. United States of America

District Court, N.D. Texas · Apr 3, 2026

that a waiver of sovereign immunity. … A plaintiff establishes a waiver of sovereign immunity in tax refund suits under 28 U.S.C. § 1346(a)(1) when, operating in conjunction with 28 U.S.C. § 7422,2 “the taxpayer has fully paid the tax and filed an administrative

Thornton v. Dallas County Jail

District Court, N.D. Texas · Jul 10, 2024

She may, however, enjoy immunity depending on the nature of her alleged actions. … But Thornton’s amended complaint does not clearly indicate the capacity in which he is suing Doe.

Poullard v. Jones

District Court, N.D. Texas · Jun 10, 2021

It thus declines to address qualified immunity at this time. … It is unnecessary for the Court to assess Jones’s and the Mayor’s qualified-immunity defenses at this time.

Ethridge v. Tarrant County Sheriffs Office

District Court, N.D. Texas · Apr 19, 2023

Furthermore, Defendants have shown that they are entitled to qualified immunity because Ethrdige has failed to ultimately plead a constitutional or statutory violation, and because he has not shown that either Defendant … violated a right that was clearly established, as set forth in the motion to dismiss at section 2(A) and (B) .

Western Greenhouses v. United States

878 F. Supp. 917 · District Court, N.D. Texas · Feb 24, 1995

Therefore, to establish negligence, plaintiffs must meet the requirements for negligence under Texas law. … In addition, any sacrifices made for remediation efforts involve the type of discretion that clearly implicates public policy.

Goodson v. City of Dallas

District Court, N.D. Texas · May 5, 2025

A complaint is frivolous when it is based on an indisputably meritless legal theory or when the factual contentions are “clearly baseless.” Denton v. Hernandez, 504 U.S. 25, 32 (1992) (quoting Neitzke v. … Court clerks have absolute immunity from actions for damages arising for actions they are specifically required to perform by court order or judicial discretion and qualified immunity for routine duties not explicitly

Sabine v. Carroll Independent School District

District Court, N.D. Texas · Aug 29, 2025

Last, it would be futile to allow Sabine to amend his Complaint to join the Jane Doe defendants and assert claims against them in their individual capacities, as they are entitled to qualified immunity. … Because Sabine cannot establish a constitutional violation, as the Court has explained, he cannot overcome qualified immunity.

National Solid Wastes Management Ass'n v. City of Dallas

903 F. Supp. 2d 446 · District Court, N.D. Texas · Oct 16, 2012

Under Texas law, a defendant bears the burden to establish that official immunity applies. Perry v. Tex. A & I Univ., 737 S.W.2d 106, 110 (Tex.App.-Corpus Christi 1987, writ ref'd n.r.e.). … The Supreme Court upheld the flow control ordinance, in part, because any burdens it had on interstate commerce did not clearly exceed the public benefits. See id. at 346-47 , 127 S.Ct. 1786 .

Mitchell v. Advanced HCS, LLC

District Court, N.D. Texas · Apr 5, 2021

Defendant represented it was equipped to meet her needs and would provide proper medical oversight and care through properly trained and qualified individuals to assure that Ms. … The PREP Act is, at its core, an immunity statute; it creates no rights, duties, or obligations. See 42 U.S.C. § 247d-6d(a)(1).

Schuster v. Percheron Healthcare, Inc.

District Court, N.D. Texas · Apr 1, 2021

Defendant represented it was equipped to meet her needs and would provide proper medical oversight and care through properly trained and qualified individuals to assure that Ms. … The PREP Act is, at its core, an immunity statute; it creates no rights, duties, or obligations. See 42 U.S.C. § 247d-6d(a)(1).

Stein v. Batchelor

300 F. Supp. 602 · District Court, N.D. Texas · Jun 9, 1969

Georgia, 89 S.Ct. 1243 , the above section is clearly unconstitutional in so far as it makes mere possession of obscene material a crime. … further suggests that obscenity is deprived of this protection only in the context of “public actions taken or intended to be taken with respect to obscene matter”. 3 Of course, the First Amendment does not confer absolute immunity

Lelsz v. Kavanagh

903 F. Supp. 1037 · District Court, N.D. Texas · Nov 2, 1995

The introduction to the Settlement Agreement states that the Parties “enter this agreement in order to resolve all disputes among them which were or could have been raised in the Action-” Clearly, the Settlement Agreement … individualized planning, case management services, standards for community programs, and monitoring by the state; permitting placement appeals; continuing ACDD accreditation and ICF-MR certification at four named state schools; and establishing

Liggins v. Duncanville Texas

District Court, N.D. Texas · Mar 11, 2021

Second, even if Plaintiff's claims are not time-barred, Defendants assert that Officer Roach is entitled to qualified immunity, fd at 9-15. … Katzfey, 252 F.3d 1356 (Sth Cir, 2001) (declining to consider qualified immunity after finding claims were time-barred). B.

Schaeffler v. United States

259 F. Supp. 3d 518 · District Court, N.D. Texas · Apr 25, 2017

TAXPAYER REFUND CLAIMS The doctrine of sovereign immunity bars suit against the United States unless it has expressly consented to be sued. United States v. … If the default 3-year limitations period under § 6511(a) applies, Plaintiffs’ refund claim is clearly barred.

MC Trilogy Texas LLC v. City of Heath Texas

District Court, N.D. Texas · Jan 29, 2024

(ECF No. 225) at 5. 5The non-party city officials at times seek relief based on legislative immunity Legislative immunity shields legislators from liability for activities that … Legislative privilege, unlike legislative immunity, is not absolute. See id. at 236.