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962 S.W.2d 237 · Texas Court of Appeals, 7th District (Amarillo) · Mar 13, 1998
Absolute Immunity Doctrine The absolute privilege (ie., immunity) doctrine has been firmly established in the Texas legal system for over one hundred years. See A.H. Belo & Co. v. Wren, 63 Tex. 686 (1884); Runge v. … Further, the qualified immunity provisions of the Medical Practice Act does not repeal, destroy, diminish or supercede common law absolute immunity.
Cited 27 timesPublishedCounty of Hidalgo, Texas v. Fabiana Carlos
Texas Court of Appeals, 13th District · Jun 26, 2025
The plaintiff ultimately bears the evidentiary burden to establish a waiver of immunity. Powell, 704 S.W.3d at 448. B. … Applicable Law Political subdivisions of the State, including appellant, are generally immune from suit unless immunity has been clearly and unambiguously waived by the legislature. TEX.
Cited 0 timesPublishedGertrude Lambrecht v. County of Comal and Jack Bremer, Sheriff of Comal County, Texas
Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1997
The test is derived from the federal good-faith test: "whether a reasonable officer could have believed his or her conduct to be lawful in the light of clearly established law and the information possessed by the officer … Official immunity, also referred to as quasi-judicial or qualified immunity, "evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability." Dear v.
Cited 0 timesPublished65 S.W.3d 756 · Texas Court of Appeals, 9th District (Beaumont) · Nov 29, 2001
Thus, qualified immunity will protect all but the plainly incompetent or those who knowingly violate the law. Id. … The evidence clearly established appellants’ were performing a discretionary function within the scope of their authority.
Cited 6 timesPublished919 S.W.2d 777 · Texas Court of Appeals, 14th District (Houston) · Apr 4, 1996
The summary judgment evidence presented by Trusch was sufficient to establish the affirmative defense of derived judicial immunity. … Clearly a judge who conspires to violate a person’s constitutional rights acts maliciously or corruptly. However, the need to preserve the judge’s independence requires a grant of absolute immunity.
Cited 72 timesPublished804 S.W.2d 341 · Texas Court of Appeals, 4th District (San Antonio) · Feb 20, 1991
-Dallas 1986, writ ref'd n.r.e.), cert. denied, 485 U.S. 977 , 108 S.Ct. 1272 , 99 L.Ed.2d 483 (1988) (applying the doctrine of qualified immunity to the actions of a police officer); accord Austin v. … While that defense may be alleged in a motion for summary judgment, and proof may establish that defense as a matter of law, the motion for summary judgment in the present case failed to assert the defense of qualified immunity
Cited 11 timesPublished986 F. Supp. 1036 · District Court, E.D. Texas · Jun 25, 1997
Application of the Summary Judgment Standard When the Movant-Defen-dant Asserts Qualified Immunity 7. … The question of “[w]hether [or not] a defendant [government official] asserting qualified immunity may be personally liable turns on the objective legal reasonableness of [his or her] ... actions assessed in light of clearly
Cited 8 timesPublishedGallentine v. Housing Authority
919 F. Supp. 2d 787 · District Court, E.D. Texas · Jan 22, 2013
In the context of a motion to dismiss, however, “if the pleadings on their face show an unreasonable violation of a clearly established constitutional right, the defense of qualified immunity will not sustain a motion to … 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.
Cited 26 timesPublished758 F. Supp. 2d 398 · District Court, S.D. Texas · Dec 2, 2010
In Valigura, the Fifth Circuit held that Eighth Amendment law with respect to similarly excessive temperatures was “clearly established” for purposes of qualified immunity because “the contours of these rights were sufficiently … Whether Defendants are entitled to qualified immunity depends on whether their conduct was objectively reasonable in light of this clearly established law. Mace, 333 F.3d at 624 .
Cited 4 timesPublishedMachete's Chop Shop, Inc. v. Texas Film Commission
483 S.W.3d 272 · Court of Appeals of Texas · Jan 29, 2016
The Music, Film, Television, and Multimedia Office is established in the Office of the Governor. See Tex. Gov’t Code § 485.002. . … The court held that because the Program statutes and regulations made clear that grants were discretionary, Machete Productions could not demonstrate that it had a clearly established right to the grant funds such .that it
Cited 17 timesPublishedGalveston Independent School District v. Clear Lake Rehabilitation Hospital, LLC
Texas Court of Appeals, 14th District (Houston) · Sep 21, 2010
Referencing Braun , the court held “that the establishment of the self funded group medical insurance program by [the school district] is a governmental function and that governmental immunity applies.” Id. at 779–80. … (“We do not see how H & H Sand’s allegation of unilateral modification establishes a waiver of governmental immunity under [section 271.152’s] requirement that a contract be ‘properly executed on behalf of the local governmental
Cited 0 timesPublishedTexas Supreme Court · Dec 29, 2006
“clearly and unambiguously” fall within it). … for such functions: “[t]he establishment and maintenance of a self-insurance program by a governmental unit is not a waiver of immunity . . . .”
Cited 0 timesPublished50 Tex. Sup. Ct. J. 344 · Texas Supreme Court · Dec 29, 2006
Chapter 2259 specifically provides that a governmental unit’s establishment and maintenance of a self-insurance program “is not a waiver of immunity.” Id. § 2259.002. … The Fund next contends Section 271.152 does not clearly and unambiguously waive its immunity from suit because some of the Fund’s members, such as counties, do not meet Section 271.151(3)’s definition of a “local governmental
Cited 313 timesPublishedTexas Court of Appeals, 14th District (Houston) · Jul 15, 2008
his affirmative defense of official immunity, (2) the facts necessary to establish official immunity were disputed, and (3) the trier of fact resolved those factual disputes in favor of the Alfords. … Thus, Green presented sufficient evidence to establish the affirmative defense of official immunity.
Cited 0 timesPublished491 S.W.3d 68 · Court of Appeals of Texas · Mar 29, 2016
UTP obtained dismissal on the basis that it qualifies as a “governmental unit” entitled to assert immunity from suit. … We also hold that UTP failed to establish that it is a governmental entity with immunity from suit.
Cited 24 timesPublishedTexas Court of Appeals, 7th District (Amarillo) · Jan 25, 2024
“Merely stating that a fund is being established provides little definiteness or certainty about something important to the people—will they directly pay for it?” Id. … Describing them as non-profit organizations comprised of qualified voters as opposed to qualified voters themselves, McCarty may have displaced the organizations from the category of those allowed to attack the results
Cited 0 timesPublishedRoe v. Walls Regional Hospital, Inc.
21 S.W.3d 647 · Texas Court of Appeals, 10th District (Waco) · Jun 7, 2000
Roe asserted that the statutes relied on by the hospital in its motion cloak the medical peer review process with a qualified immunity that is destroyed when the hospital acts with actual malice. … We need not address whether the trial court could also have based its summary judgment order on grounds that the defendant established immunity under the Health and Safety Code, or the HCQIA.
Cited 19 timesPublishedCasanova v. City of Brookshire
119 F. Supp. 2d 639 · District Court, S.D. Texas · Sep 7, 2000
A defendant "is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct." Blackwell, 34 F.3d at 302-03 ; see Harper v. … In considering a claim of qualified immunity, the court must make a two-step inquiry: First, the court must determine whether the plaintiff has alleged a violation of a clearly established constitutional right.
Cited 15 timesPublished892 S.W.2d 56 · Texas Court of Appeals, 1st District (Houston) · Dec 22, 1994
Delmore moved for summary judgment on the grounds of absolute immunity and qualified immunity. 9 In Font v. Carr, 867 S.W.2d 873, 878 (Tex.App. … Because Delmore is absolutely immune, we do not consider whether qualified immunity applies.
Cited 204 timesPublishedTaber v. Aransas Harbor Terminal Ry.
219 S.W. 860 · Court of Appeals of Texas · Feb 25, 1920
It has no powers except those clearly named ,in the law creating it and has no power whatever to enforce its order, but can ónly appeal to a court of competent jurisdiction. … Article 6 of the Texas Constitution provides what courts shall be established and defines their jurisdiction. Railway v. Shannon, 100 Tex. 379 , 100 S. W. 138 , 10 L. R. A. (N. S.) 681.
Cited 5 timesPublished
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