Case law

Gilbane Building Co. v. Empire Steel Erectors, L.P.

691 F. Supp. 2d 712 · District Court, S.D. Texas · Feb 23, 2010

Worth 2003, pet. denied) (cautioning that exclusionary provisions “must be clearly expressed and must not be ambiguously worded”). … Gilbane, therefore, qualifies as an additional insured under the policy. 2.

McQueen v. United States

264 F. Supp. 2d 502 · District Court, S.D. Texas · Mar 31, 2003

immunity is abrogated in Bivens actions. … The identity of third party taxpayers is clearly exempt under § 6103.. See DeSalvo v.

Whittington v. United States

240 F.R.D. 344 · District Court, S.D. Texas · Aug 4, 2006

. § 7422 that a tax payer must exhaust administrative remedies in order to effectuate a waiver of the government’s sovereign immunity. … As one court has explained, Rule 23(b)(1) clearly embraces cases in which the party is obliged by law to treat the class members alike ... [,] including claims seeking money damages.

Mobley III v. Davis

District Court, S.D. Texas · Jul 24, 2019

Qualified Immunity Defendants have invoked qualified immunity. Plaintiff bears the burden to negate the defense. See Hanks v. Rogers, 853 F.3d 738, 744 (5th Cir. 2017). … court must determine “whether the defendant’s conduct was objectively reasonable in light of clearly established law.” Carroll v.

Bordages v. McElroy

952 F. Supp. 499 · District Court, S.D. Texas · Mar 1, 1996

Even assuming these allegations were true, absolute judicial immunity would attach. … A misuse of power of this sort, if proven, suffices to establish action “under color of law.” See Jackson, 980 F.2d at 1011 n. 16.

Davis v. AMPCO SYSTEM PARKING

748 F. Supp. 2d 683 · District Court, S.D. Texas · Sep 28, 2010

The first problem with Ampco’s argument is that it suggests Davis can prove pretext only by showing he was clearly better qualified than Paisano. … Even assuming Davis faces this high burden, the evidence in the record at least raises a genuine issue of material fact as to whether Davis was clearly better qualified for the job.

Smith, Jr. v. Barnes

District Court, S.D. Texas · Mar 13, 2020

Qualified Immunity Defendants Barnes, Littler, and Jurecek have invoked qualified immunity, and the plaintiff bears the burden to negate the defense. See Hanks v. … a violation of a constitutional right”; and second, the court must determine “whether the defendant’s conduct was objectively reasonable in light of clearly established law.”

Burris v. Willis Independent School District

537 F. Supp. 801 · District Court, S.D. Texas · Apr 19, 1982

Decisions made in a legislative capacity by governing members of political subdivisions of the states are absolutely immune from attack under section 1983. See Lake County Estates v. … But clearly the Board was not contemplating “hiring” Plaintiff when it took its vote on renewal. Burris was hired in 1978 and was an established employee by February, 1980.

United States ex rel. King v. University of Texas Health Science Center

907 F. Supp. 2d 846 · District Court, S.D. Texas · Oct 31, 2012

However, a plaintiff should be denied leave to amend a complaint if the court determines that “the proposed change clearly is frivolous or advances a claim or defense that is legally insufficient on its face----” 6 Charles … VII, § 10 (“The Legislature shall as soon as practicable establish, organize and provide for the maintenance, support and direction of a University of the first class, to be located by a vote of the people of this State,

Hood v. Livingston

District Court, S.D. Texas · Jul 29, 2019

a violation of a constitutional right”; and second, the court must determine “whether the defendant’s conduct was objectively reasonable in light of clearly established law.” … Qualified immunity protects “all but the plainly incompetent or those who knowingly violate the law.”

Harris County v. Gist

976 F. Supp. 601 · District Court, S.D. Texas · Dec 13, 1996

immunity. … The Court finds no merit to his qualified immunity argument as this action has been brought against him in his official, not his individual, capacity. See Ashe v.

Lamb v. Berry

District Court, S.D. Texas · Sep 24, 2020

Berry argues that he is entitled to qualified immunity and that the claims are without merit. a. … Qualified Immunity AThe doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.@

Salinas v. Ramirez

District Court, S.D. Texas · Jul 18, 2025

Furthermore, the cases that Plaintiff cites do not establish that Defendant’s actions were objectively unreasonable under clearly established law. See Harlow vy. Fitzgerald, 457 U.S. 800, 2/6 818 (1982). … City of Sulphur, 805 F.3d 543, 547 (Sth Cir. 2015) (“The plaintiff has the burden of demonstrating that the defendant official is not entitled to qualified immunity.”). Lastly, Plaintiff's reliance on Hopkins v.

Centamore v. City of Houston

9 F. Supp. 2d 717 · District Court, S.D. Texas · Dec 10, 1997

Waiver of Immunity Under Texas Tort Claims Act Legal Standards. — In Texas, municipalities remain immune from tort actions unless a plaintiff can establish an exception to governmental immunity under the Texas Tort Claims … Plaintiff does not base his claim on the sexual assault committed by Hayden — clearly an intentional tort.

Ramirez v. Varughese

District Court, S.D. Texas · Feb 16, 2023

The doctrine of qualified immunity affords prison officials protection from individual liability for damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which a … of that clearly established law.

Garcia-Perez v. Masters

District Court, S.D. Texas · Sep 3, 2025

establish a violation of a constitutional right; and (2) whether that right was ‘clearly established’ at the time of the defendant's alleged misconduct.” … “On the ‘clearly established’ inquiry, we have noted that ‘[o]fficials should receive the protection of qualified immunity ‘unless the law is clear in the more particularized sense that reasonable officials should be ‘on

Coates v. Brazoria County Texas

919 F. Supp. 2d 863 · District Court, S.D. Texas · Jan 28, 2013

But such authority — even if adverse — does not qualify as a substantial ground for difference opinion with this Court’s decision or the Flores ruling on which it was based. … Abraham: [W]hen our Erie analysis of controlling state law is conducted for the purpose of deciding whether to follow or depart from prior precedent of this circuit, and neither a clearly contrary subsequent holding of the

Watson v. Cook

District Court, S.D. Texas · Aug 6, 2024

In the alternative, she moves to dismiss based on qualified immunity. II. ANALYSIS A. … qualified immunity.

Sligh v. City of Conroe, Texas

District Court, S.D. Texas · Aug 5, 2022

These officers assert qualified immunity, which protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Sutton is entitled to qualified immunity. b.

Fox v. Texas Department of Family and Protective Services

District Court, S.D. Texas · Nov 23, 2021

If so, Runge receives immunity, Even if she is not immune under the Eleventh Amendment, the facts alleged against Change for overseeing the foster care ' See United States v. … Because the child protective services employees do not violate a “clearly- established” constitutional right, they are protected by qualified immunity.