Case law

Hallmark v. City of Fredericksburg

94 S.W.3d 703 · Texas Court of Appeals, 4th District (San Antonio) · Nov 21, 2002

Durst, and Officer Castaneda in their individual capacities, we must decide whether the officers are entitled to qualified immunity. … In determining whether qualified immunity applies in the context of excessive force, we look to whether the plaintiff has suffered (1) an injury (2) which resulted directly and only from the use of force that was clearly

Mark Goloby and Richard Vega v. Lesley Briones, Adrian Garcia, Lina Hidalgo, Rodney Ellis, and Tom Ramsey, All in Their Official Capacities as Members of the Harris County Commissioners' Court

Texas Court of Appeals, 1st District (Houston) · Apr 16, 2026

immunity.” … Typically, that means a plaintiff suing a governmental entity or official-capacity defendant bears the burden of establishing that an immunity waiver applies or that the official-capacity defendant acted ultra vires.

Reyna v. City of Weslaco

944 S.W.2d 657 · Texas Court of Appeals, 13th District · Feb 27, 1997

Appellants argue that qualified immunity is an affirmative defense not available to officials sued in their official capacities. … Qualified immunity is available only to officials sued in their personal capacities. Graham, 473 U.S. at 166-67 , 105 S.Ct. at 3105-06 .

Cavazos v. Edgewood Independent School District

400 F. Supp. 2d 948 · District Court, W.D. Texas · Aug 3, 2005

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. … Qualified Immunity Plaintiffs’ allegation, even if assumed to be true, do not establish a violation of a clearly established right against Defendants.

Nelson v. Payne

827 F. Supp. 1273 · District Court, S.D. Texas · Dec 29, 1992

QUALIFIED IMMUNITY DEFENSE Liability can only be imposed on the individual defendants if it is shown that they knew or should have known that their conduct violated a person’s clearly established constitutional rights. … The individual defendants have raised this qualified immunity defense and the Court finds that as a matter of law it should be sustained.

Lazaro v. University of Texas Health Science Center

830 S.W.2d 330 · Court of Appeals of Texas · May 7, 1992

The rule is well established that the State, either in its own name or through an agent, is not liable without Legislative waiver of sovereign immunity in suits brought by private citizens. See Missouri Pacific R.R. … Ribble and McNeese are protected by qualified immunity as a matter of law. Appellees are immune from liability under the doctrines of sovereign and qualified immunity. Summary judgment was properly granted.

Kenneth Hill v. Michael Stephens, Charles Britt, Domingo Carrillo, and Abel Leal

Texas Court of Appeals, 14th District (Houston) · Dec 16, 2010

In addition to finding that Hill’s claims were frivolous, the trial court granted appellees’ motion to dismiss based on qualified immunity. [5] Hill has not challenged the finding of immunity. … , provided the official’s conduct does not violate clearly established constitutional rights of which a reasonable person would have been aware.

The City of El Paso v. Lilli M. Heinrich

52 Tex. Sup. Ct. J. 689 · Texas Supreme Court · May 1, 2009

sovereign immunity], declaratory-judgment suits against state officials seeking to establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities are suits against the State … See Fen-ell, 248 S.W.3d at 160 (Brister, J., concurring) ("A different case *371 might be presented if the plaintiffs alleged the board was clearly violating some provision of the statute.

Thompson Ex Rel. Sustaita v. City of Galveston

979 F. Supp. 504 · District Court, S.D. Texas · Sep 19, 1997

QUALIFIED IMMUNITY The individual Defendants in this ease argue that they should not be subjected to suit in their individual capacities because they are protected by the doctrine of qualified immunity. … Clearly, if a plaintiffs claims do not specifically and clearly establish a constitutional violation, the claims against the individual Defendants must be dismissed.

Cantey Hanger, Llp v. Philip Gregory Byrd, Lucy Leasing Co., L.L.C., and Pgb Air, Inc.

467 S.W.3d 477 · Texas Supreme Court · Jun 29, 2015

We hold that the firm established its affirmative defense of attorney immunity as a matter of law and therefore reverse the court of appeals’ judgment. I. … The court held that, although attorneys enjoy qualified immunity from civil liability to non-clients for actions taken in connection with representing a client in litigation, Cantey Hanger was not entitled to such immunity

Elmer Rivera, Kassandra Morales Rodriguez and Isreal Morales v. City of Houston and Veronica Romero

Texas Court of Appeals, 1st District (Houston) · Dec 22, 2020

Good faith If the officer’s driving qualifies as the performance of a discretionary act, the officer still must act in good faith to qualify for official immunity. See Clark, 38 S.W.3d at 580. … Whether the City established immunity as matter of law based on the emergency exception to immunity waiver The City contends that, even if the trial court erred in granting it summary judgment on official immunity

Freddie Louis Brewer v. Fawn D. Carl

Texas Court of Appeals, 10th District (Waco) · Aug 31, 1995

Carl and Mata assert the affirmative defense of qualified immunity. … Brewer has not established the violation of any statutory or constitutional right and, thus, has failed to overcome Carl's and Mata's qualified immunity.

City of Robstown, Noe Garza, Julian Olivera, J. B. Talley, and Jorge Luis Aguilar v. Ramirez, Primitivo, Individually, Librado G. Ramirez, Individually and Michelle Ramirez, by and Through Her Next Friend, Primitivo Ramirez

Texas Court of Appeals, 13th District · Mar 31, 2000

assertion of qualified or official immunity in order for the sovereign. … To the extent that Aguilar's argument on appeal is based on qualified immunity, we are unable to consider it as he did not raise the issues of res judicata or collateral estoppel within an argument of qualified immunity in

Liberty County Officers Ass'n v. Stewart

903 F. Supp. 1046 · District Court, E.D. Texas · Jul 20, 1995

Harlow and its progeny use qualified immunity to protect state officials for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort. … Plaintiffs maintain that their factual allegations demonstrate defendants violated clearly established law.

Teitel v. University of Houston Board of Regents

285 F. Supp. 2d 865 · District Court, S.D. Texas · Dec 31, 2002

they are entitled to either official or qualified immunity. … “Clearly established,” for purposes of qualified immunity, means that “[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Noe v. Stockwell

630 F. Supp. 334 · District Court, E.D. Texas · Mar 19, 1986

These pleadings, together with the transcript, raise substantial fact questions regarding whether or not clearly established constitutional law as set forth in the following cases and regulation was violated: Pell v. … immunity to be submitted to the jury, without an interlocutory appeal being taken on the issue of qualified immunity.

Chapman v. Gonzales

824 S.W.2d 685 · Court of Appeals of Texas · Jan 23, 1992

Appellant filed a motion for summary judgment based on her individual qualified immunity from liability and suit. The trial court denied the motion. Appellant then perfected this interlocutory appeal pursuant to Tex. … Such a result would be in direct contravention with the purpose of quasi-judicial immunity. Appellant is protected by qualified immunity as a matter of law and is not liable to Gonzales for any negligent acts.

Leyva v. Soltero

966 S.W.2d 765 · Texas Court of Appeals, 8th District (El Paso) · Mar 26, 1998

which relies upon its employees’ claim of official immunity. 3 Here, both Officer Leyva and his employer, the City of Clint, moved for summary judgment claiming official “qualified” immunity and sovereign immunity. … City established the other elements of official immunity.

Tiemeyer v. Zaika

947 F. Supp. 1012 · District Court, N.D. Texas · Apr 23, 1996

established. … Child welfare investigators enjoy only qualified immunity. Id.

Reyes v. North Texas Tollway Authority

830 F. Supp. 2d 194 · District Court, N.D. Texas · Nov 14, 2011

Qualified Immunity The individual defendants also argue that they are entitled to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages *210 insofar as their conduct does not violate clearly established