Case law

Escobar v. Harris County

442 S.W.3d 621 · Court of Appeals of Texas · Jul 31, 2014

Clearly established law and qualified immunity After Deputy Goodney raised the affirmative defense of qualified immunity, the burden of persuasion fell on Escobar to negate the defense. See Thomas, 263 S.W.3d at 219 . … If he did, then the clearly established law permits the use of deadly force. If he didn’t, then the clearly established law prohibits it.

Sergeant Mary Haver and Deputy Constable Kevin Vailes, in Their Individually Capacities v. Barbara Coats

491 S.W.3d 877 · Court of Appeals of Texas · Apr 12, 2016

A no-evidence motion cannot be used to obtain summary judgment establishing the affirmative defense of qualified immunity. … raise the qualified immunity defense by doing nothing more than pleading in good faith that qualified immunity applies.

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

Arlington Professional Fire Fighters International Association of Fire Fighters, AFL-CIO, Local 1329 David Crow, Shawn Graham, Joseph Markham, Edward Montague, Matthew Throne, and Adrian Rojas v. City of Arlington, Texas City of Arlington, Texas, City Council City of Arlington, Texas, Civil Service Commission Jim Ross, in His Official Capacity as Mayor of the City of Arlington Helen Moise, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council Ralph Gonzalez, in His Official Capacity as a Member of the City of Arlington, Texas, City Council Nikkie Hunter, in Her Official Capacity as a Member of the City of Arlington, Texas, City Council

Texas Court of Appeals, 2nd District (Fort Worth) · Sep 16, 2021

It is not clearly established whether Burlington’s “materially adverse” standard applies to retaliation for protected speech. See Gibson . . . , 734 F.3d [at] 401 n.4 . . . … Saunders, 588 F.3d 282, 288 (5th Cir. 2009) (finding that the application of Burlington to First Amendment retaliation is not “clearly established”)[, abrogated on other grounds by Sims v.

Thomas v. Bracey

940 S.W.2d 340 · Texas Court of Appeals, 4th District (San Antonio) · Feb 12, 1997

To grant immunity short of absolute privilege to communications relating to pending or proposed litigation, and thus subject an attorney to liability for defamation, might tend to lessen an attorney’s efforts on behalf of … The letter was clearly written in an effort to secure the rights of appellee’s client, the executor of the estate, in property and income belonging to the estate.

Ex Parte Juan Antonio Molina Valencia v. .

Texas Court of Appeals, 4th District (San Antonio) · Apr 17, 2024

App. 2013) (“[A]n issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established.”). … ); Weeks, 391 S.W.3d at 122 (holding mandamus relief is available if “the principle of law has been clearly established”).

Dan Turner and Henry Bonaparte v. Troy Perry

Texas Court of Appeals, 14th District (Houston) · Jan 27, 2009

Qualified Immunity Qualified immunity protects governmental officials performing discretionary functions from suit if their actions were objectively reasonable in the light of then clearly-established law. Anderson v. … Appellants contend that they nevertheless are entitled to qualified immunity because they did not violate a clearly established right protecting Perry = s speech.

Service Employment Redevelopment v. Fort Worth Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8: San Antonio ISD , 2004 WL 2450919 , at *2-3 (mem. op.)

Service Employment Redevelopment v. Fort Worth Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 3, 2005

code did not clearly and unambiguously waive school district’s immunity from suit); City of Dallas v. … provides the “requisite clarity to establish a waiver of immunity from suit”). 8.

Hudson v. Vasquez

941 S.W.2d 334 · Texas Court of Appeals, 13th District · Feb 6, 1997

In order to establish the “good faith” element of his claim to summary judgment based on official immunity, Hudson was required to prove that a reasonably prudent police officer could have believed that the force used was … The state law standard for analyzing the “good faith” element of official immunity is “derived substantially from the test that has emerged under federal immunity law for claims of qualified immunity in section 1983 cases

GAB Business Services, Inc. v. Moore

829 S.W.2d 345 · Court of Appeals of Texas · Apr 14, 1992

First, the evidence does not clearly establish that GAB was an agent of the Texas Municipal League Intergovernmental Risk Pool. … We are not persuaded that GAB is entitled to official or governmental immunity. The trial court committed no error in refusing to grant a directed verdict on the basis of governmental immunity.

in Re the State of Texas, Ex. Rel. Joe D. Gonzales, District Attorney, Bexar County

Texas Court of Appeals, 4th District (San Antonio) · Aug 28, 2019

clearly controlling legal principles.” … See Weeks, 391 S.W.3d at 122 (“an issue of first impression can sometimes qualify for mandamus relief when the factual scenario has never been precisely addressed but the principle of law has been clearly established.”)

Memorial Hermann Hospital System D/B/A Memorial Hermann Southwest Hospital v. Jewell Hayden

Texas Court of Appeals, 1st District (Houston) · Jun 17, 2014

Mar. 28, 2014) (“Generally, waiver presents a question of fact, but ‘when the facts and circumstances are admitted or clearly established, the question [of waiver] becomes one of law.’”) … To limit the rights that may be waived only to those where the law clearly establishes an ability to prevail is to demand too much.

Texas Department of Public Safety and Steven McCraw in His Official Capacity as Director of the Texas Department of Public Safety v. Maria Luisa Mejia Sunuc, Individually and on Behalf of the Estate of Marcos Antonio Castro Estrada, and as Next Friend to L.M. and H.M., Minors

Texas Court of Appeals, 13th District · Feb 3, 2022

Alternatively, DPS argued that it could conclusively establish that its troopers were entitled to official immunity, thereby cloaking DPS in derivative immunity. See DeWitt v. … Harris, 550 U.S. 372, 378–81 (2007) (holding that video evidence can conclusively establish that an officer is entitled to qualified immunity from an excessive force claim). 5 DPS’s primary argument on appeal is that

Duran v. Furr's Supermarkets, Inc.

921 S.W.2d 778 · Texas Court of Appeals, 8th District (El Paso) · May 1, 1996

QUALIFIED IMMUNITY In Point of Error Two, Duran contends that the trial court erred in granting summary judgment in favor of Romero on the basis of qualified immunity. … to conclusively establish one of the elements of the affirmative defense of qualified immunity, the trial court erred in granting Romero’s motion for summary judgment.

the Estate of Emzie Allen, Gloria Brown, Ind., and on Behalf of All Wrongful Death Beneficiaries v. Polly Ryon Hospital Authority D/B/A Polly Ryon Memorial Hospital and Suklesh Dandona, M.D.

Texas Court of Appeals, 1st District (Houston) · Mar 3, 2005

purported expert is qualified. … that the person rendering the opinion . . . is a qualified medical expert.”)

Leo v. Trevino

285 S.W.3d 470 · Texas Court of Appeals, 13th District · Jun 8, 2006

Constitutional Violation The first prong of any analysis of the availability of qualified immunity requires the establishment of the violation of a “clearly established right.” Beck, 204 F.3d at 638. … The School District Employees are entitled to qualified immunity from the Trevinos’ claims, absent a showing of a violation of “clearly established constitutional law.”

Carrera v. Yepez

6 S.W.3d 654 · Texas Court of Appeals, 8th District (El Paso) · Oct 28, 1999

Since qualified immunity turns on whether a defendant violated a clearly established right, a ‘necessary concomitant’ to that decision is determining ‘whether the plaintiff has asserted a violation of a constitutional right … WERE THE CONSTITUTIONAL STANDARDS CLEARLY ESTABLISHED?

Neimes v. Kien Chung Ta

985 S.W.2d 132 · Texas Court of Appeals, 4th District (San Antonio) · Jan 11, 1999

Woo’s affirmative defense of qualified immunity because the constitutional rights that Ta and Fisher have asserted are not clearly established. … Under the doctrine of qualified immunity, as long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would be aware, government officials performing discretionary