Case law

Dr. Carrol Thomas and Beaumont Independent School District v. Cynthia M. White, as Parent and Next Friend of Gearrin M. White

Texas Court of Appeals, 9th District (Beaumont) · Mar 20, 2003

That may be accomplished, as it was noted in Kilburn and in Brazos, through the state's derivative assertion of the employee's qualified or official immunity. Id. … --Houston [14th Dist.] 1995, no writ)(City could appeal where individual employee raised government immunity and qualified immunity).

Davenport v. Rodriguez

147 F. Supp. 2d 630 · District Court, S.D. Texas · May 9, 2001

Qualified Immunity Officer Rodriguez makes a claim for qualified immunity. The Fifth *638 Circuit has developed a two-step process for the examination of a claim of qualified immunity. … The right to be free from arrest without probable cause is clearly established. See Beck v.

Cox v. City of Ft. Worth, Tex.

762 F. Supp. 2d 926 · District Court, N.D. Texas · Dec 30, 2010

Qualified immunity insulates a government official from civil damages liability when the official’s actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant’

Harris County v. DeWitt

880 S.W.2d 99 · Court of Appeals of Texas · May 19, 1994

Kilburn, 849 S.W.2d 810, 812 (Tex.1993) (stating that city’s immunity would apply only if city employee pled and proved his entitlement to qualified or official immunity). … A separate section of the Act, however, does state that public employees retain their official or qualified immunity in spite of the Act’s limited waiver of sovereign immunity. Tex.Civ.

Williams v. Conroe Independent School District

809 S.W.2d 954 · Texas Court of Appeals, 9th District (Beaumont) · May 30, 1991

The grounds stated in the motion for summary judgment were: (1) Williams’ state court claims were barred by affirmative defenses of sovereign immunity, absolute privilege, qualified privilege, and qualified immunity; (2) … Government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Torres v. Owens

380 S.W.2d 30 · Court of Appeals of Texas · May 28, 1964

Its governing body consists of three commissioners elected by the qualified voters of the district. … would not deprive them of their immunity from tort liability.

Gipson v. Callahan

18 F. Supp. 2d 662 · District Court, W.D. Texas · Oct 31, 1997

QUALIFIED IMMUNITY AND FALSE ARREST Because public officials must exercise a certain amount of discretionary authority in carrying out their duties, the plaintiff “seeking damages from an official asserting qualified immunity … Moreover, using currently applicable constitutional standards, plaintiff must show that these constitutional rights were clearly established at the time of the defendant’s actions.

Gaston v. HOUSTON COUNTY, TEXAS

202 F. Supp. 2d 564 · District Court, E.D. Texas · Dec 4, 2001

The analysis of a qualified immunity claim requires the court: (1) to determine whether the plaintiff has alleged a violation of a clearly *567 established constitutional right and (2) if so, then the court must decide if … defense of qualified immunity.

Riggs v. City of Fort Worth

229 F. Supp. 2d 572 · District Court, N.D. Texas · Feb 1, 2002

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO QUALIFIED IMMUNITY MEANS, District Judge. … Mendoza is entitled to qualified immunity. 16 Accordingly, for the reasons stated above, the Court concludes that defendant Mendoza’s motion for summary judgment as to qualified immunity is GRANTED.

Wooten v. Roach

377 F. Supp. 3d 652 · District Court, E.D. Texas · Mar 27, 2019

Qualified Immunity The CCDAO Defendants and the AG Defendants both assert that even if they are not immune based on prosecutorial immunity, they are protected by qualified immunity. Plaintiff disagrees. … Public officials are immune from suit under 42 U.S.C. § 1983 unless they have "violated a statutory or constitutional right that was 'clearly established' at the time of the challenged conduct." Plumhoff v.

Texas Department of Criminal Justice v. Arthur Cooke, Ernest Cortez, Larry Johnson, and Dequinna Moore

Texas Court of Appeals, 3rd District (Austin) · May 20, 2004

The Department urges that immunity has not been waived because Johnson has failed to establish by his pleadings and the evidence that he was denied the job because of his race. … Although the Department believes that Johnson was clearly not qualified for the position and that, therefore, he had no prima facie case and necessarily pleaded fraudulently that he was qualified, for the reasons already

Clark v. La Marque I.S.D.

184 F. Supp. 2d 606 · District Court, S.D. Texas · Jan 4, 2002

The Supreme Court explained the standard for qualified immunity in Harlow v. … Thus, before proceeding against a defendant claiming qualified immunity, the Court must determine whether (1) the plaintiff alleges a Constitutional violation; (2) the law regarding the alleged violation was clearly established

Hicks v. Bexar County, Tex.

973 F. Supp. 653 · District Court, W.D. Texas · Jun 13, 1997

A party seeking damages from an official asserting Harlow qualified immunity bears the burden of overcoming that defense. 89 Once a government official or employee has asserted qualified immunity and established that the … the lawfulness of the defendant’s actions, the defendant is entitled to qualified immunity. 103 Whether the conduct of which the plaintiff complains violated clearly established law is essentially a legal *674 question.

Adams v. Myers

721 S.W.2d 447 · Texas Court of Appeals, 12th District (Tyler) · Oct 31, 1986

In the civil rights context the individual defendants, as state officers, enjoy only a qualified immunity. … Such an official is not immune from liability if his conduct clearly violates an established statutory or constitutional right of which a reasonable person would have known. Galvan v.

Reed v. Prince

194 S.W.3d 101 · Texas Court of Appeals, 6th District (Texarkana) · Jun 2, 2006

When the trial court acknowledges the governmental unit’s assertion of sovereign immunity, and the plaintiffs failure to bear its burden of establishing waiver of sovereign immunity, it may sustain the plea to the jurisdiction … The other is a suit for title to an office by one claiming to be presently qualified to hold it.” See Lewis, 641 S.W.2d at 394 (citations omitted).

Dyer v. Fyall

322 F. Supp. 3d 725 · District Court, N.D. Texas · Jun 6, 2018

But police officers have qualified immunity, which shields them from liability unless they violate clearly established law. Harlow v. Fitzgerald , 457 U.S. 800 , 818, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) ; Toney v. … The officers in this case have qualified immunity, which means the Dyers can hold them liable for violations of only clearly established rights.

Texas Department of Public Safety v. Perez

905 S.W.2d 695 · Texas Court of Appeals, 14th District (Houston) · Sep 7, 1995

Good Faith To establish good faith, the troopers’ summary judgment proof must have shown a reasonable and prudent police officer could have believed his conduct was lawful in light of clearly established law and the information … Scope of Authority Finally, in order to prove their entitlement to qualified, or official immunity, the troopers must demonstrate that they were acting within the scope of their authority.

Hutchison v. Brookshire Bros., Ltd.

205 F. Supp. 2d 629 · District Court, E.D. Texas · May 23, 2002

“To do so, the court must determine whether, assuming the truth of the plaintiffs allegations, the official’s conduct violated clearly established law.” Id. … Therefore, any right under this theory was not clearly established when the alleged violation occurred here.

RBIII, L.P. v. City of San Antonio

686 F. Supp. 2d 684 · District Court, W.D. Texas · Feb 19, 2010

Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable. Hernandez ex rel. Hernandez v. Tex. … Once a government officer pleads the affirmative defense of qualified immunity, the burden shifts to the plaintiff to rebut the defense by establishing that the employee’s allegedly wrongful conduct violated clearly established

Vicari v. Ysleta Independent School District

546 F. Supp. 2d 387 · District Court, W.D. Texas · Feb 4, 2008

Qualified Immunity Public officials performing discretionary functions are generally shielded from suit unless a plaintiff shows by specific allegations that the officials violated clearly established statutory or constitutional … Defendants, who clearly wish for the Court to find Miller entitled to qualified immunity, argue Miller’s actions were ministerial.