Case law

Wagner v. TEXAS a & M UNIVERSITY

939 F. Supp. 1297 · District Court, S.D. Texas · Sep 10, 1996

Qualified Immunity Defendants West and Smith assert that they are entitled to qualified immunity in this case. … 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.

Hernandez v. Hayes

931 S.W.2d 648 · Texas Court of Appeals, 4th District (San Antonio) · Jul 31, 1996

, the more clearly is it quasi-judicial in the exercise of its powers.” … Hernandez suggests that a qualified privilege, such as the statutory immunity from suit provided school employees under Section 21.912(b), Tex.Educ.Code, is sufficient to protect the grievance process. We disagree.

Hopkins Ex Rel. Hopkins v. Spring Independent School District

706 S.W.2d 325 · Court of Appeals of Texas · Jan 30, 1986

In the third and fourth points, Appellants allege the trial court erred in granting summary judgment for the school principal, the school nurse and the teacher based on qualified immunity under the Tex *328 as Education Code … Clearly, the Texas Supreme Court intends that the waiver of governmental immunity is a matter to be addressed by the legislature. Barr, 562 S.W.2d at 846 ; Lowe v. Texas Tech University, 540 S.W.2d 297, 298 (Tex.1976).

Sullivan v. Dallas County Sheriff's Department

District Court, N.D. Texas · Oct 7, 2024

“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … , on his own, to defeat qualified immunity’s clearly established prong.

Wuertz v. Wilson

922 S.W.2d 268 · Texas Court of Appeals, 3rd District (Austin) · Jun 12, 1996

In point of error one, Wuertz argues that the trial court erred in denying him qualified immunity by overruling his motion for judgment notwithstanding the verdict and motion for new trial because the evidence conclusively … Thus, in this ease, we must consider only the evidence and inferences tending to support the finding that Wuertz was not entitled to the qualified immunity privilege and disregard all evidence and inferences to the contrary

Davis v. City of Palestine

973 S.W.2d 319 · Court of Appeals of Texas · Aug 27, 1997

’ claims; 5) Davis complains of an Act of God; 6) qualified immunity of City, officials preserve the City’s sovereign immunity; 7) the statute of limitations and statutory notice provisions bar Davis’ claims; and 8) any inverse … Because the City failed to establish its affirmative defense of sovereign immunity as a matter of law, we sustain points of error three and five.

Schuller v. Swan

911 S.W.2d 396 · Texas Court of Appeals, 13th District · Dec 21, 1995

Immunity.” … Chambers, 883 S.W.2d 650 (Tex.1994), claiming that the so called “new” good faith test of an actor, that relates to state immunity law is an objective one and that the court has clearly adopted the federal “objective good

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

For the defense of qualified immunity under federal law and section 1983 claims, however, such is not the case: A [A] defendant asserting immunity is not required to establish the defense beyond peradventure, as he would … 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

TX. Nat. Res. Con. Com'n v. White

46 S.W.3d 864 · Texas Supreme Court · Jun 21, 2001

has not been clearly and explicitly waived. … clearly intended."

Roventini v. Pasadena Independent School District

981 F. Supp. 1013 · District Court, S.D. Texas · Aug 7, 1997

Qualified immunity shields government officials performing discretionary functions from liability for suits brought against them in their personal capacities unless their conduct violates clearly established statutory or … 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.”

Casas v. Gilliam

869 S.W.2d 671 · Texas Court of Appeals, 4th District (San Antonio) · Jan 26, 1994

Casas contends that qualified governmental immunity shields him from suit. … Under these principles, Casas carried the burden of proving his affirmative defense of qualified immunity.

Patterson v. City of Dallas

355 S.W.2d 838 · Court of Appeals of Texas · Feb 23, 1962

Thus, we are not authorized to declare the Ordinance void vel non unless it clearly and unequivocally appears that the Ordinance was enacted without any basis of reason therefor. … Pie qualifies himself for such responsibility by his allegiance to time honored ethical standards as well as by complying with the requirements of the state in gaining the knowledge and skill which qualify him to administer

Entergy Gulf States, Inc. v. Summers

52 Tex. Sup. Ct. J. 511 · Texas Supreme Court · Apr 3, 2009

II The Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subeon-tractors. 1 First, the general contractor and subcontractor must enter … Under this 1917 version, the statutory language broadly established, without qualification, that any subscriber, even a premises owner-subscriber, could qualify as a statutory employer.

The City of Houston v. Steve Williams

54 Tex. Sup. Ct. J. 713 · Texas Supreme Court · Mar 18, 2011

Local Government Code Section 271.152’s Waiver of Governmental Immunity Local Government Code section 271.152 waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims, providing … Finding a lack of standing, the court of appeals did not reach the issue of whether the Agreements qualify under section 271.152’s waiver of immunity. See id.

Morris v. Dearborne

69 F. Supp. 2d 868 · District Court, E.D. Texas · Sep 27, 1999

that were clearly established at the time it was taken. … Qualified immunity shields government officials performing discretionary functions unless their conduct violates a clearly established federal statutory or constitutional right of which a reasonable person would have known

Texas Department of Public Safety v. Rodriguez

344 S.W.3d 483 · Texas Court of Appeals, 1st District (Houston) · May 19, 2011

Only when the defendant conclusively establishes each of the three elements of qualified immunity does a plaintiff have to rebut the qualified immunity with proof of bad faith. … summary judgments difficult to obtain and would largely eviscerate the important public policy reasons for qualified immunity.

United Blood Services v. Longoria

40 Tex. Sup. Ct. J. 288 · Texas Supreme Court · Jan 31, 1997

The trial court did not clearly abuse its discretion by rejecting Kramer’s testimony. … See Broders, 924 S.W.2d at 153 (“What is required is that the offering party establish that the expert has ‘knowledge, skill, experience, training, or education’ regarding the specific issue before the court which would qualify

L. W. Parker v. City of Austin, Ron D. Mullen, Bruce M. Todd, Robert Barnstone, Carlton Lee Cooke, George A. Humphrey, Frank C. Cooksey, Sally S. Shipman, Mark N. Rose, Charles E. Urdy, Tracy H. Watson, Jorge Carrasco, and Forrest S. Carl-Mitchell

Texas Court of Appeals, 3rd District (Austin) · Mar 4, 1999

Appellees filed a motion for summary judgment contending that Parker did not establish a valid cause of action and raising the affirmative defenses of limitations, governmental immunity, and qualified immunity. … and qualified immunity, respectively.

La Joya Independent School District v. Ruth Villarreal, Individually and Ruth Villarreal Insurance Llc

Texas Court of Appeals, 13th District · Jul 3, 2014

The District contends the statutory waiver of governmental immunity 4 is inapplicable because there is no qualifying contract between the District and Villarreal. … In enacting section 271.152 of the Texas Local Government Code, the Legislature waived qualifying local government entities’ immunity from suit for certain breach of contract claims, providing: A local government

in Re: City of Tatum, Texas

578 S.W.3d 203 · Texas Court of Appeals, 12th District (Tyler) · May 15, 2019

immunity…. … He testified that upon resolution of the qualified immunity question, the parties then conduct additional discovery and depositions.