Case law

Owens v. Board of Regents of Texas Southern University

953 F. Supp. 781 · District Court, S.D. Texas · Jul 3, 1996

In examining an official’s claim of qualified immunity, courts follow a two-step process. The first step is to ascertain whether the plaintiff alleges “the violation of a clearly established constitutional right.” … Even if an official’s conduct violated a clearly established constitutional right, he is entitled to qualified immunity if the conduct was objectively reasonable. Salas v. Carpenter, 980 F.2d at 310 .

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.

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.

Almond v. Tarver

468 F. Supp. 2d 886 · District Court, E.D. Texas · Aug 15, 2006

A defendant “is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct.” Blackwell v. … In considering a claim of qualified immunity, the court must make a two-pronged inquiry: “The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established

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).

Estate of Henson v. Wichita County

988 F. Supp. 2d 726 · District Court, N.D. Texas · Dec 27, 2013

These defendants filed separate motions for summary judgment on grounds of qualified immunity. … Bolin is therefore entitled to qualified immunity, and Plaintiffs’ claims against him must be dismissed.

Arturo Montanez, Individually and as Administrator of the Estates of Maria Delaluz Montanez and Christopher Lee Rosales v. City of Three Rivers, Live Oak County

Texas Court of Appeals, 13th District · Jun 8, 2000

Official Immunity We now address the trial court's denial of summary judgment of the deputies' qualified immunity defense based on the deputies' official, or qualified immunity claim. See Tex. Civ. Prac. & Rem. … Official or qualified immunity is an affirmative defense. City of Lancaster v. Chambers , 883 S.W.2d at 653 .

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.

University of Texas at Arlington v. Sandra Williams and Steve Williams

Texas Supreme Court · Mar 20, 2015

of retention of immunity.” … at issue here are not “clearly within [the statute’s] purview.”

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.

Freeman v. Wirecut E.D.M., Inc.

159 S.W.3d 721 · Texas Court of Appeals, 5th District (Dallas) · Feb 16, 2005

This brief quotation establishes at least three propositions: (1) constables have judicial immunity while executing writs; (2) section 7.003 qualifies that immunity by adding the requirements of good faith and diligence in … . & Rem.Code § 7.003(a) (qualified statutory immunity for officer executing writ).

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

S.N.B. v. Pearland Independent School District

120 F. Supp. 3d 620 · District Court, S.D. Texas · May 28, 2014

14 “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does, not violate clearly established statutory or constitutional rights of'which a reasonable … And a single district court décision from outside this Circuit does not clearly establish any such right.

Reidie Jackson, TDCJ 1164177 v. Captain Vaughn

Texas Court of Appeals, 7th District (Amarillo) · Dec 12, 2014

Immunity The trial court found Vaughn and Emsoff were “entitled to qualified immunity.” … It stated in a conclusion of law that Jackson had not “alleged facts sufficient to overcome Defendants’ qualified immunity.”11 The affirmative defense of qualified immunity is available in a section 1983 claim

Lonsdale v. Egger

525 F. Supp. 610 · District Court, N.D. Texas · Oct 26, 1981

Those remaining, Defendants Egger, Voskuil, and Rosenstein, would be cloaked with qualified immunity when acting within the sphere of their official responsibility. … established constitutional rights.

Salazar v. Unknown Police Dog Handler (K-9)

District Court, N.D. Texas · Sep 19, 2024

After the issue of qualified immunity is resolved, an additional ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. See Dkt. Nos, 72, 75, 78, 94. … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Sappington v. Ulrich

868 F. Supp. 194 · District Court, E.D. Texas · Nov 15, 1994

The shield of qualified immunity is not limited to high-ranking officials. … Review of submissions before the court indicates there are sufficient facts present to establish a material issue of genuine fact as to whether entitlement to qualified immunity is warranted.

Ernest A. Emerson, Quay Wood, Brian McRae, Glenn Zoch and Louis diDonato v. H. Scott Borland

Texas Court of Appeals, 3rd District (Austin) · Jul 17, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v. Holloway , 127 L.

Taylor v. City of Nederland, Tex.

685 F. Supp. 616 · District Court, E.D. Texas · May 16, 1988

The second reason the action was dismissed against defendant Myers was on *618 the basis of qualified immunity. … Defendant Borne is immune from suit under the doctrine of absolute judicial immunity. Defendant Myers is not liable because of qualified immunity as well as a break in the chain of causation.

Texas Department of Public Safety v. Kenneth F. Sanders, Jr.

Texas Court of Appeals, 8th District (El Paso) · Oct 7, 2025

The Texas Legislature, by its enactment of the TCHRA, “clearly and unambiguously waives immunity” for governmental units like DPS, but the waiver applies “only for those suits where the plaintiff actually alleges a violation … Absent pleadings establishing a prima facie case, the governmental unit’s immunity from suit has not been waived. 3 Id. at 636.