Case law

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.

City of Corsicana v. Wren

159 Tex. 202 · Texas Supreme Court · Nov 5, 1958

at variance with “well established and well defined” law on the subject, the classification ought to be respected by the courts. … case, supra, and otherwise, clearly upheld and relied on the legislative classification of the activity in question as governmental.

Tolan v. Cotton

854 F. Supp. 2d 444 · District Court, S.D. Texas · Mar 31, 2012

In order to evaluate the “clearly established law” prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right. … Although qualified immunity is called an affirmative defense, the defendant asserting qualified immunity does not have the burden to establish it.

Mark Dubose and Hollie Oliver v. Brandon Allen Nelson

Texas Court of Appeals, 9th District (Beaumont) · Feb 12, 2026

Appellants argued that Nelson failed to demonstrate a waiver of immunity because his pleadings establish that his proposed subdivision contains a public road, that platting is required under section 232.001 of the Local … because it clearly states that immunity from suit is waived for claims arising out of actions taken by governmental officials contrary to Chapter 245 of the Local Government Code.

Lott v. Andrews Center

259 F. Supp. 2d 564 · District Court, E.D. Texas · May 2, 2003

QUALIFIED IMMUNITY DeSanto has asserted the defense of qualified immunity. … DeSanto is a public official and has invoked the defense of qualified immunity. As such, the “heightened pleading” standard of particularity is required under the doctrine of qualified immunity.

Callis v. Sellars

953 F. Supp. 793 · District Court, S.D. Texas · Sep 5, 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.” … Whether an official’s conduct violated clearly established law, so as to preclude the application of qualified immunity, is essentially a legal question. White v.

Brenda Young v. Tisa McKim and Jacqueline McKim

373 S.W.3d 776 · Texas Court of Appeals, 14th District (Houston) · May 31, 2012

Because Young had advertised her business at Ravensway, and held herself out as qualified to care for horses, we hold that former section 87.004(2) does not extinguish the McKims’ immunity under former section 87.003. … The professional must post the sign in a clearly visible location on or near the stable, corral, or arena.

Garcia v. Maverick County

850 S.W.2d 626 · Texas Court of Appeals, 4th District (San Antonio) · Feb 24, 1993

Those defenses are: qualified immunity for the three individuals and sovereign immunity for the county. … Applying the principles stated above, we must presume that there is an implied finding that the individual defendants established their affirmative defense of qualified immunity, and a legal ruling that sovereign immunity

Gtech Corporation v. James Steele

Texas Supreme Court · Jun 12, 2020

As one commentator has observed, the protection the Supreme Court has extended to government contractors might qualify as a form of “derivative immunity,” but it is not “derivative sovereign immunity,” and certainly not … In the absence of sovereign immunity from suit, the trial courts had jurisdiction State, in doing this work is clearly not liable herein.”) (emphases added); Tillotson v.

Murillo v. Garza

904 S.W.2d 688 · Texas Court of Appeals, 4th District (San Antonio) · Aug 16, 1995

The court fashioned a new test, which was derived from the federal test for qualified immunity in § 1983 cases. … Good Faith Murillo is a highly qualified traffic engineer.

Fox v. Maguire

224 S.W.3d 304 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

Appellees filed a plea to the jurisdiction in both cases based on sovereign immunity, official immunity, and qualified immunity. … Appellees, who were sued in their official and individual capacities, asserted sovereign immunity, official immunity, and qualified immunity. 3 The trial court granted the plea to the jurisdiction, but did not specify the

Thomas-Smith v. MacKin

238 S.W.3d 503 · Texas Court of Appeals, 14th District (Houston) · Nov 8, 2007

However, we can find no authority suggesting that the definition of good faith for official immunity also applies to the defense of qualified privilege. … Therefore, the failure to submit a question on the defense of qualified privilege cannot be affirmed on the lack of evidence, if any, of good faith as it would apply to official immunity.

Courtney v. University of Texas System

806 S.W.2d 277 · Court of Appeals of Texas · May 21, 1991

Clearly, one purpose of Courtney’s suit is to establish the validity of his contract for future employment, and to enforce through Dr. … 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. [Citations omitted.]” Adams v.

Texas Department of Public Safety v. Merardo Bonilla

481 S.W.3d 646 · Texas Court of Appeals, 8th District (El Paso) · May 30, 2014

Whether a witness is qualified to offer expert testimony is a matter committed to the trial court’s discretion. Broders v. Heise, 924 S.W.2d 148 (Tex. 1996). … Bonilla’s pleadings are sufficient to establish jurisdiction.

Garcia v. Montenegro

547 F. Supp. 2d 738 · District Court, W.D. Texas · Apr 18, 2008

In the instant Motion, Defendants argue they are entitled to summary judgment on the basis of qualified immunity because: (1)none of the Defendants “took any action that violated Garcia’s clearly established First Amendment … “Qualified immunity protects government officials performing discretionary functions from civil damages liability if their actions were objectively reasonable in light of then clearly established law.” Bazan v.

Garrison Ex Rel. Garrison v. City of Texarkana

910 F. Supp. 1196 · District Court, E.D. Texas · Dec 29, 1995

Qualified immunity shields law enforcement officers from suit under 42 U.S.C. § 1983 if they could have reasonably believed their actions to be lawful, in light of the law “clearly established” at the time of their actions … Thus, if Biggar enjoys official or qualified immunity, then the City is entitled to immunity.

Wright v. Reynolds

703 F. Supp. 583 · District Court, N.D. Texas · Aug 18, 1988

Qualified Immunity Defendant Reynolds alleges that has qualified immunity from suit. … If the Defendant presents evidence which supports his claim of qualified immunity, then the Plaintiff has the burden of presenting evidence which contradicts the factual basis for qualified immunity contained in Defendant

HCBeck, Ltd. v. Rice

52 Tex. Sup. Ct. J. 555 · Texas Supreme Court · Apr 3, 2009

In this case, we consider the extent to which a general contractor must “provide” workers’ compensation insurance under the Act to qualify for statutory employer status and the resulting immunity from the work-related claims … The OCIP in this case, established and paid for by FMR pursuant to its contract with HCBeek, qualifies under the Act as “providing” workers’ compensation insurance to subcontractors in a manner that is consistent with section

Morris v. Dallas County

960 F. Supp. 2d 665 · District Court, N.D. Texas · Jun 18, 2013

When a qualified immunity defense is asserted on summary judgment, the plaintiff must rebut the defense by establishing that the officer’s alleged wrongful conduct violated clearly established law. Michalik v. … Conversely, an official is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent that the conduct, when undertaken, would be a violation of the right at issue.