Case law

Hernandez v. Fort bend ISD

District Court, S.D. Texas · Sep 13, 2019

The District reasserts sovereign immunity, arguing that the Texas Tort Claims Act waives a school district’s immunity only for claims “arising from the use or operation of a motor vehicle.” … The plaintiffs fail to plead facts that could show that the District was clearly unreasonable in response to the information it had about the risks of inadequate supervision of B.H.

Turk v. Mangum

268 F. Supp. 3d 928 · District Court, S.D. Texas · Jul 17, 2017

On November 16, 2015, the Defendants in their individual capacities moved to dismiss the fourth amended complaint on the basis of qualified immunity and failure to state a claim for conspiracy. … Establishing Paternity under Texas " Eaw Turk asserts he has validly established paternity under Texas law and Man-gum'lacks standing to challenge that establishment.

Camco, Inc. v. Baker Oil Tools, Inc.

45 F.R.D. 384 · District Court, S.D. Texas · Jul 16, 1968

.” *386 Defendant resists the production of' these documents for the reason that it would involve a tremendously large number of instruments whose relevancy is not clearly established by the pleadings. … The work product of an attorney is accorded only a qualified privilege. Hickman v. Taylor, 329 U.S. 495 , 67 S.Ct. 385 , 91 L.Ed. 451 (1947).

Lopez v. HCSO

District Court, S.D. Texas · Jun 18, 2021

Public online court records show that plaintiffhas two prior dismissals that qualify as “strikes.” See Lopez v. Thomas, C.A. No. H-04-0165 (S.D. Tex. … Consequently, plaintiff is now barred from proceeding in forma pauperis in any federal civil lawsuit or appeal unless he establishes he is under imminent danger of serious physical injury at the time of filing. 28 U.S.C

Alpha K9 Pet Services v. Johnson

171 F. Supp. 3d 568 · District Court, S.D. Texas · Mar 21, 2016

As part of the H-2B visa process, the petitioner is required to provide either (1) a certification from DOL stating that there are no qualified U.S. workers and that U.S. wages and employment would not be affected; or (2) … Rather, the Court is required to determine whether DHS’s interpretation is clearly erroneous. Id. DHS’s interpretation is not clearly erroneous, for which reason the Court must defer to it.

West v. City of League City, Texas

District Court, S.D. Texas · Aug 18, 2023

Because Officer Nguyen and Sergeant McCurley sought dismissal on qualified immunity grounds, discovery was stayed as a matter of law until the Court ruled on that issue. … Defendants oppose the motion to extend the deadlines, arguing that West has failed to establish good cause to extend any deadlines.

Sturgeon v. Quarterman

615 F. Supp. 2d 546 · District Court, S.D. Texas · May 12, 2009

A state court unreasonably applies clearly established precedent if it identifies the correct governing legal principle but unreasonably applies that principle to the facts of the case. See Brown v. … Under this standard, an “unreasonable” application must be more than merely incorrect or erroneous; rather, the state court’s application of clearly established law must be “objectively unreasonable.”

Associated Energy Group, LLC v. Air Cargo Germany GMBH

24 F. Supp. 3d 602 · District Court, S.D. Texas · Jun 4, 2014

The Court, while hinting MBUSA may not even be subject to general jurisdiction in California, assumed for its analysis that MBUSA qualified as at home in California and MBUSA’s California contacts could be imputed to Daimler … other party’s home forum, we believe the answer clearly is that it cannot.”).

In Re Gutierrez

33 F.2d 987 · District Court, S.D. Texas · Jul 2, 1929

establish an express agreement to pay. … erroneous, and a proper deference to a qualified trier of facts requires its affirmance.

Floyd v. Hefner

556 F. Supp. 2d 617 · District Court, S.D. Texas · Mar 31, 2008

In his motion, the Trustee asks this court to reconsider three elements of its Order: (1) the holding that the Directors and the *630 Entity Defendants were immune from liability for negligently breaching their duty of due … Plaintiffs allege that Vollmar is not qualified to render these opinions.

Pearl Brewing Co. v. Jos. Schlitz Brewing Co.

415 F. Supp. 1122 · District Court, S.D. Texas · May 3, 1976

However, such alleged illegal conduct could not, according to the Court, legalize the alleged ■ unlawful conduct of the defendant supplier or immunize it against liability. Id. … The doctrine established by these cases and refined or interpreted by subsequent commentary, e. g., 4 J.

Dickerson v. Department of Veterans Affairs

District Court, S.D. Texas · Sep 8, 2023

United States, 438 F.3d 483, 487 (5th Cir. 2006) (“The United States is a sovereign, and, as such, is immune from suit unless it has expressly waived such immunity and consented to be sued.”) (quoting Smith v. … Dickerson does not rely solely on time to establish causation, and there is enough “other evidence of retaliation” to require trying the case.

Prosper v. Harris County

District Court, S.D. Texas · May 29, 2025

Under Texas law, governmental units enjoy immunity for their own acts or the acts of their employees unless a constitutional or statutory provision waives that immunity. Tex. Dep’t of Parks & Wildlife v. … It has been clearly established by the ADA act 1990 Enacted by Congress that police departments are to offer ‘reasonable accommodations’ With regard to it’s policies to accommodate persons

Jackson v. Texas Department Of Criminal Justice

District Court, S.D. Texas · May 7, 2024

The Eleventh Amendment bars actions against a state unless Congress has abrogated such immunity or the state has specifically waived its immunity. See Kimel v. Fla. Bd. … But even under that assumption, Jackson’s allegations clearly establish that his claims arose more than two years before February-18, 2022, when he filed his original complaint.

A.I.I.L. v. Sessions <b><font color="red">Case has been transferred out to McAllen.</font></b>

District Court, S.D. Texas · Apr 11, 2023

In particular, the Court found 3 Plaintiffs' intentional infliction of emotional distress, negligence, and loss of consortium 4 claims not barred by sovereign immunity. Id. at 4–13. … To 2 establish venue based on residency, "a natural person, including an alien lawfully admitted 3 for permanent residence in the United States, shall be deemed to reside in the judicial 4 district in which that

Aiello v. Wainewright

District Court, S.D. Texas · Mar 31, 2023

As to any portion to which no objection is filed, a district court reviews for clearly erroneous factual findings and conclusions of law. United States v. … Jd “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.

Brown v. Beto

338 F. Supp. 1358 · District Court, S.D. Texas · Dec 17, 1971

But no reconciliation need be attempted here, since Lowe , like Allen , involved a routine on-the-street investigation clearly lacking the “compelling atmosphere” essential to a finding of “custody.” Lowe , at 1394. … Respondent concedes that Texas is one of the few jurisdictions which holds admissible as res gestae a statement otherwise qualifying for the Miranda safeguards.

Herminio Castillo, Jr. v. Chad Thomas, et al.

District Court, S.D. Texas · Oct 20, 2025

July 9, 2013) (“Qualified immunity is available to public officials such as prison guards and state hospital employees who must exercise discretion.”). … immunity because at the time of the incident, it was clearly established that inmates have a constitutional right to be free from the use of excessive force, and it is objectively unreasonable to assault a compliant

Nobles

District Court, S.D. Texas · Mar 31, 2026

“When established governmental policy, as expressed or implied by statute, regulation, or agency guidelines, allows a Government agent to exercise discretion, it must be presumed that the agent’s acts are grounded in policy … Plaintiff disagrees with the way Martinez was screened, but this does not clearly have a causal relationship to the murder of her daughter.

Bosman v. Child Assessment Center

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

As a private foundation, the CAC qualifies as a state actor only if it is performing a function that “is traditionally the exclusive province of the state.” Rosborough v. Mgmt. … Accordingly, the CAC does not qualify as a state actor, and it is not subject to suit under § 1983.