Case law

Haskett v. Cinco Energy Management Group

161 F. Supp. 3d 465 · District Court, S.D. Texas · Mar 1, 2015

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 A. … A complaint need not establish the prima facie elements to withstand dismissal. See Raj v. Louisiana State Univ., 714 F.3d 322, 331 (5th Cir.2013).

Skinner v. Brown

951 F. Supp. 1307 · District Court, S.D. Texas · Oct 31, 1996

As to her claims for denial of promotion generally and to the position of Rehabilitation Clinical Nurse Specialist, Plaintiff is required to establish that she was “clearly better qualified” than the person who received the … for the appointment, clearly suffice as non-discriminatory reasons for the denial of this promotion.

Kutka v. Temporaries, Inc.

568 F. Supp. 1527 · District Court, S.D. Texas · Aug 15, 1983

The Illinois rule is clearly a minority position. … In any event, the subsequent Frankiewicz decision is clearly controlling.

Clayton v. Prudential Insurance Co. of America

554 F. Supp. 628 · District Court, S.D. Texas · Jan 10, 1983

Finally, the uncontroverted allegations of Plaintiff’s complaint establish that a substantial amount of investigatory conversation in this case occurred in Houston. … A plaintiff who wishes to overturn these determinations must show clearly that a transgression has been committed.

Mendoza v. City of Palacios

962 F. Supp. 2d 868 · District Court, S.D. Texas · Jun 19, 2013

He also pursued unemployment benefits through the Texas Workforce Commission, which he received after the Appeals Panel found that “in demanding [Mendoza’s] resignation, the Chief of Police was clearly sending the message … Therefore, Mendoza’s resignation, if forced, can qualify as an adverse employment action.

Redding-Guidry v. Harmony Public Scools

District Court, S.D. Texas · Nov 27, 2023

“The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Perez v. … Hopkins, 2022 WL 867040, at *3 (analyzing whether an open-enrollment charter school qualifies for immunity by following the 8/14 funding analysis in Perez); see also Armstrong, 549 F. Supp. 3d at 547 (same).

S.R.

District Court, S.D. Texas · Dec 12, 2025

.”*’ A review of the record in this matter clearly reveals that S.R. had an IEP requiring supervision. … immunity as an assistant speech pathologist.

Henderson v. AT & T CORP.

933 F. Supp. 1326 · District Court, S.D. Texas · Aug 1, 1996

Clearly, Bryan has established a prima facie case of age and sex discrimination based on AT & T’s failure to give her the Exxon NAM position in PIP. … Moreover, in Ms declaration, Smith contends he chose Kaufold over Bryan because Kaufold was more qualified.

Shahrashoob v. Texas A&M University

District Court, S.D. Texas · Aug 26, 2022

But the receipt of federal funds can waive immunity only if those funds were conditioned on the waiver of sovereign immunity. See Sossamon v. Texas, 563 U.S. 277, 293 (2011). … Nor has Texas waived its Eleventh Amendment immunity.

Martinez v. Reich

934 F. Supp. 232 · District Court, S.D. Texas · Feb 8, 1996

Clearly, the duration of the claim was too short to be fully litigated prior to expiration. … Plaintiffs have an established history of performing seasonal agricultural work, including the forestry work offered by Stanley.

Doe v. The University of Texas Health Science Center at Houston

District Court, S.D. Texas · Aug 27, 2025

Absent consent to suit, waiver of immunity by the State, or congressional abrogation of sovereign immunity, the Eleventh Amendment bars an individual from suing a state in federal court. Perez v. … As to the first factor, a Texas court of appeals has held that “[j]urisdictional facts do not conclusively establish that UTP is a governmental unit entitled to immunity[.]” Lenoir v. U.T.

Wright v. Cork Club

315 F. Supp. 1143 · District Court, S.D. Texas · Aug 14, 1970

The Civil Rights Act, itself, is of little value as a guide for determining whether a particular establishment qualifies as a private club. … Some of these establishments may qualify as “private clubs” under the Civil Rights Act, others may not.

Bulfinch

District Court, S.D. Texas · Jun 23, 2026

Garcia and Phillips Garcia and Phillips argue that the claims against them should be dismissed because they are entitled to qualified immunity. ECF No. 55. … Discovery is STAYED pending resolution of the qualified immunity issue based on the anticipated amended complaint. To be clear, the court still has the issue of qualified immunity under advisement.

Atomanczyk v. Texas Department Of Criminal Justice

District Court, S.D. Texas · Jul 12, 2021

Sovereign immunity Atomanczyk seeks compensatory damages. Defendants assert state sovereign immunity by argument that can be described as cursory at best. … But the facts are muddled on this issue, with neither party clearly explaining them.

Polk v. Texas Department of Insurance

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

A well-qualified finance professor there asserted that he was “able and ready” to apply for a teaching position, but he hadn’t yet applied. Id at *1. … The burden is on the party asserting jurisdiction to establish by a preponderance of the evidence that it is proper.

Vandenberg v. University of Saint Thomas

District Court, S.D. Texas · Jul 16, 2020

The privilege extends qualified immunity to 1) “documents and tangible things,” 2) “prepared in anticipation of litigation or for trial,” 3) “by or for another party or by or for that other party’s representative.” … The work product immunity is “qualified” because material prepared in anticipation of litigation is nonetheless discoverable if the requesting party establishes that it has a substantial need for information

Thomas v. Exxon, U.S.A.

943 F. Supp. 751 · District Court, S.D. Texas · Nov 6, 1996

A plaintiff may establish a prima facie case in other ways, as well. … Exxon contends, however, that Thomas has failed to establish a prima facie case because she has failed to present evidence to support elements three and four — that she was qualified to assume another position at the time

Licona

District Court, S.D. Texas · Nov 7, 2025

There are only two circumstances when judicial immunity may be overcome: a judge is not immune from liability for nonjudicial actions, and a judge is not immune for actions, though judicial in nature, that are taken in … These documents fail to establish that Plaintiff’s Fifth Amendment rights have somehow been violated.

Kite Ex Rel. Kite v. Marshall

454 F. Supp. 1347 · District Court, S.D. Texas · Jul 27, 1978

UIL, an association of governmental entities, clearly performs its functions under color of state law. See Bucha v. Illinois High School Ass’n, 351 F.Supp. 69 (N.D.Ill.1972); Mitchell v. … He is interested in playing professional basketball, if qualified, and in a medical career specializing in that branch of medicine which explores, treats and does research in the relationship of the functioning of bones and

Schulte v. Wilson Industries, Inc.

547 F. Supp. 324 · District Court, S.D. Texas · Jun 17, 1982

Although the plaintiff established that at the time of her resignation she was qualified to be promoted to the position of account manager, she failed to establish that during her tenure with the defendant she actually performed … Although the plaintiff established that at the time of her resignation she was qualified to be promoted to the position of account manager, she failed to prove by a preponderance of the evidence that at some time, between