Case law

Subhash C. Batra, M.D. v. Covenant Health System D/B/A Covenant Medical Center/Covenant Medical Center-Lakeside

562 S.W.3d 696 · Texas Court of Appeals, 7th District (Amarillo) · Oct 9, 2018

The evidence presented does not clearly and specifically establish which referrals or procedures Dr. Batra lost due to the adverse report. … As discussed earlier, the evidence presented by Covenant negated actual malice; therefore, Covenant established that it was entitled to a qualified immunity defense as to all claims.

Edinburg Consolidated Independent School District v. Cristina L. Esparza

Texas Court of Appeals, 13th District · Dec 1, 2022

We applied collateral estoppel to the Commissioner’s decision, finding that it “clearly establishes, legitimate, non-discriminatory reasons for the adverse action.” Id. … Rather, we simply held that “the decision of the Commissioner . . . clearly establishes legitimate, non-discriminatory reasons for the adverse action.”

Terrell v. City of El Paso

481 F. Supp. 2d 757 · District Court, W.D. Texas · Feb 26, 2007

District Attorney Esparza’s qualified immunity Esparza argues that he is shielded by qualified immunity from Terrell’s § 1983 *764 because Terrell failed to assert any constitutional violations. … If the official conduct violates a clearly established right, the official is still entitled to qualified immunity if his conduct was objectively reasonable in light of the established legal rules at the time of the alleged

Wicker v. City of Galveston

944 F. Supp. 553 · District Court, S.D. Texas · Oct 24, 1996

Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions in light of clearly established law. Id. at 639 , 107 S.Ct. at 3038 . … Thus, because there are no genuine issues of fact material to the Court’s qualified immunity determination, the Court concludes that the Officers are shielded from liability by the doctrine of qualified immunity.

Fernandez, Michael Joseph v. Ruben Jaime Rivera

Texas Court of Appeals, 1st District (Houston) · Aug 30, 2002

The court derived this test from federal immunity law and stated as follows: [W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information … Qualified immunity is also referred to as official immunity. Brand , 920 S.W.2d at 674 .

Rojero v. El Paso County

226 F. Supp. 3d 768 · District Court, W.D. Texas · Apr 28, 2016

The qualified immunity defense serves to shield government officials performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … of qualified immunity.”

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

She contended that the statement was not slanderous and that she was entitled to judicial or qualified immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Rhett Webster Pease v. Barbara Bembry

Texas Court of Appeals, 3rd District (Austin) · Jul 15, 2004

In her motion for summary judgment, Bembry raised two affirmative defenses: judicial and qualified immunity. Pease raises three issues on appeal. First, he denies Bembry's claim of immunity. … While Bembry pleaded entitlement to judicial and qualified immunities, we address only whether qualified immunity applies and express no opinion on whether she was entitled to judicial immunity.

Davis v. Medical Evaluation Specialists, Inc.

31 S.W.3d 788 · Court of Appeals of Texas · Nov 2, 2000

Dozier based upon either absolute derived judicial immunity or qualified “good faith” immunity. These appellees rely heavily on Delcourt v. … No summary judgment evidence clearly establishes that sequence of events, however. Therefore, we decline to draw this inference. . EBI employees acted on behalf of CIC concerning appellant's claim. .

Chacko v. Texas a & M University

960 F. Supp. 1180 · District Court, S.D. Texas · Apr 4, 1997

When determining whether qualified immunity is available, the actions of a reasonably competent official are assessed in the light of the legal rules that were clearly established at the time the action was taken. … In order to defeat an official’s assertion of qualified immunity, a plaintiff must show that: (1) the plaintiff has asserted a violation of a constitutional right; (2) this right was clearly established at the time of the

Tarrant County v. Bivins

936 S.W.2d 419 · Court of Appeals of Texas · Jan 16, 1997

The County and Sheriff Williams filed their motion for summary judgment alleging, among other defenses, the defense of qualified or official 2 immunity as to all causes of action. … ¡T)he elements of official immunity and qualified immunity appear for all practical purposes to be the same.

City of Denton v. Jesus Manuel Rodriguez-Rivera

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 6, 2025

To establish governmental immunity as a proper evidentiary basis for dismissal, the governmental unit must meet the summary-judgment standard of proof. Id. … By including “off-road automobile driving” within the existing “pleasure driving” category, the legislature expressly qualified and associated the former phrase with the well-established meaning of the latter and thereby

Texas Tech University Health Sciences Center-El Paso v. Loretta K. Flores

Texas Supreme Court · Dec 31, 2024

As we held in Alamo Heights, because a statutory violation is necessary to establish an immunity waiver—such that jurisdiction and the merits intertwine—all three steps of the framework “are relevant to the jurisdictional … Flores does not contend in this Court that she is “clearly better qualified” than Sanchez; rather, she asserts that the reason given by the University for the decision to hire Sanchez over Flores— President Lange’s conclusion

Chacon v. Copeland

103 F. Supp. 3d 827 · District Court, W.D. Texas · Apr 30, 2015

The jury also .considered whether the officers were entitled to qualified immunity for their actions, and found while Officer Copeland was entitled to qualified immunity, Officer Rose was not. … “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Brumfield v. Hollins, 551 F.3d 322, 326 (5th Cir.2008) (internal quotes omitted).

Richardson v. Parker

903 S.W.2d 801 · Texas Court of Appeals, 5th District (Dallas) · Jun 6, 1995

The question is: Could a reasonable official have believed his conduct was lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred? Id. … He stated that he is the duly elected and qualified constable for justice precinct 3 of Dallas County.

Phillip K. Poteet, Individually and as Next Friend for Jeffrey Poteet, a Minor v. Collin J. Sullivan, Henry Lucio, Byron Lake and Town of Flower Mound, Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 1, 2007

Qualified Immunity Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no clearly established statutory or constitutional … Were the constitutional rights violated by Officers Sullivan and Lucio clearly established?

Marange v. Fontenot

879 F. Supp. 679 · District Court, E.D. Texas · Mar 16, 1995

to Sheriff Fontenot’s qualified immunity defense. 1. … When considering a claim of 'qualified immunity, courts engage in a bifurcated analysis. First, courts determine whether plaintiff has alleged the violation of a clearly established constitutional right.

Moore v. City Of Houston

District Court, S.D. Texas · Aug 28, 2019

Government officials are entitled to qualified immunity from liability for civil damages “unless [(1)] the official violated a statutory or constitutional right [(2)] that was clearly established … Qualified immunity protects an officer even for reasonable mistakes in judgment. See Ashcroft v.

Richmond v. Coastal Bend College District

883 F. Supp. 2d 705 · District Court, S.D. Texas · Aug 1, 2012

When a government official has pleaded the defense of qualified immunity, the burden is on the plaintiff to establish that the official’s conduct violated clearly established law. Id. … Qualified Immunity The doctrine of qualified immunity affords protection against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established statutory or constitutional

Weir Bros., Inc. v. Longview Economic Development Corp.

373 S.W.3d 841 · Court of Appeals of Texas · Jul 2, 2012

They also argue that Weir did not plead and establish a clear and unambiguous waiver of the immunity granted by the Act. … case law establishing that Longview’s actions are governmental functions.