Case law

Bozeman v. Trevino

804 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

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.

Nickols v. Morris

705 F. Supp. 2d 579 · District Court, N.D. Texas · Apr 8, 2010

Qualified immunity protects government officials performing discretionary functions from personal liability as long as their conduct violates no clearly established constitutional or federal statutory rights. 16 To overcome … decide whether the right was clearly established at the time of the defendant’s conduct. 19 In the *588 recent case Pearson v.

East Houston Estate Apartments, L.L.C. v. City of Houston

294 S.W.3d 723 · Texas Court of Appeals, 1st District (Houston) · Jun 25, 2009

This is clearly not the type of “service” envisioned by section 271.152. … Section 271.152 is clearly limited as to which contracts fall under the waiver of immunity from suit. See Tex. Loc.

Chishty v. Texas Department of Aging & Disability Services

562 F. Supp. 2d 790 · District Court, E.D. Texas · May 4, 2006

“The qualified immunity analysis is a two-step inquiry.” Id. “First, a court must decide whether a plaintiffs allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … “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.” Id. (citation omitted).

Halferty v. Flextronics Am., LLC

545 S.W.3d 708 · Court of Appeals of Texas · Feb 15, 2018

Applicable Law The Texas Workers' Compensation Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subcontractors known as the "exclusive … Furthermore, the court held that the OCIP in that case, established and paid for by FMR pursuant to its contract with HCBeck, qualifies as "providing" workers' compensation insurance to subcontractors in a manner consistent

Baldwin v. University of Texas

945 F. Supp. 1022 · District Court, S.D. Texas · Nov 6, 1996

‘ELEVENTH AMENDMENT IMMUNITY The Eleventh Amendment bars any claims brought against a state or state agency unless Congress has abrogated the state’s immunity or the state has expressly waived its immunity to suit in federal … First, the plaintiff is required to establish a prima facie case wherein she must establish the elements of the discrimination claim. If the plaintiff proves her prima facie case, a presumption of discrimination arises.

City of Dallas v. Albert

54 Tex. Sup. Ct. J. 1609 · Texas Supreme Court · Aug 26, 2011

Second, there is no need to alter established principles in this area of the law when applying established principles addresses the issue. … We did not address the question of whether the city could waive its own immunity from suit because even if it could, the language in question did not clearly and unambiguously do so. Id.

Texas Department of Public Safety v. Martin

882 S.W.2d 476 · Texas Court of Appeals, 9th District (Beaumont) · Oct 6, 1994

with regard to appellants’ claims of qualified immunity. … If genuine issues of material fact exist as to whether the appellants actually did commit acts that would violate a clearly established right, then summary judgment on qualified immunity is improper.

Galveston 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

in the Interest and Protection of R.G.P.

Texas Court of Appeals, 4th District (San Antonio) · May 20, 2009

[T]he offering party [must] establish that the expert has ‘knowledge, skill, experience, training, or education’ [to qualify the expert in that particular case]).” Baptist Hosp. of Se. Tex. v. … Tangible Property Even if appellants established governmental use, they must also establish the use or misuse of “tangible” property.

Johnson v. City of Bellaire

352 S.W.3d 260 · Texas Court of Appeals, 14th District (Houston) · Oct 13, 2011

First, Johnson contends that “the pleadings clearly demonstrated that the City of Bellaire waived immunity pursuant to Tex. Civ. Prac. & Rem. Code Ann. § 101.021 .” … The agreement does not define who qualifies as a “paid employee.” The evidence establishes that Johnson was paid by Magnum, not by the City; Johnson merely picked up his Magnum paycheck from the City.

Ben Bolt-Palito Blanco Consolidated Independent School District v. Texas Political Subdivisions Property/Casualty Joint Self-Insurance Fund

50 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

Nitsch v. City of El Paso

482 F. Supp. 2d 820 · District Court, W.D. Texas · Feb 26, 2007

Qualified immunity The Officers argue that they are shielded by qualified immunity from Nitsch’s § 1983 claims. … Thus, Nitsch has not established a violation of his clearly established Fourth Amendment rights. *828 Finally, Nitsch’s argument that the officers’ failure to take him before a magistrate for a probable cause determination

Roe 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.

Drain v. Galveston County

999 F. Supp. 929 · District Court, S.D. Texas · Mar 30, 1998

Qualified Immunity Cooper also claims that he is entitled to qualified immunity. … Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have

Cornett v. Longois

871 F. Supp. 918 · District Court, E.D. Texas · Dec 8, 1994

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 rights of which … Qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law. Anderson v.

Brown v. University of Texas Health Center at Tyler

957 S.W.2d 911 · Texas Court of Appeals, 12th District (Tyler) · Nov 26, 1997

The three individual defendants, in their responses, asserted the affirmative defense of qualified immunity. … Because we have concluded that their conduct did not violate clearly established statutory or constitutional rights of Brown, we do not address the qualified immunity issue. Brown’s sole point of error is overruled.

City of San Antonio, Acting Through City Public Service Board of San Antonio v. Wheelabrator Air Pollution Control, Inc.

381 S.W.3d 597 · Texas Court of Appeals, 4th District (San Antonio) · Aug 1, 2012

Limited Legislative Waiver of Immunity for Certain Contract Claims The Legislature has clearly and unambiguously waived a governmental entity’s immunity from suit for certain contractual claims. … Chapter 271 of the Local Government Code expressly waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims. TEX. LOC.

the United Healthcare Choice Plus Plan for City of Austin Employees and the City of Austin v. Charles Lesniak

Texas Court of Appeals, 3rd District (Austin) · Dec 1, 2015

entitlement to immunity predates amendments to the Government Code specifically stating that “[t]he establishment and maintenance of a self-insurance program by a governmental unit is not a waiver of immunity or of a … (Chapter 2259 applies to governmental unit’s establishment of self-insurance fund, including provision thereunder that such establishment “is not a waiver of immunity”).