Case law

Lori Wash. ex rel. J.W. v. Katy Indep. Sch. Dist.

390 F. Supp. 3d 822 · District Court, S.D. Texas · Jun 5, 2019

The Record Evidence on Qualified Immunity Qualified immunity protects government officials "from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights … To the extent that the claim is brought against Officer Paley, he is entitled to qualified immunity. Officer Paley's actions did not violate a clearly established constitutional "right to an education." Ms.

City of Rio Vista v. Johnson County Special Utility District

Texas Court of Appeals, 15th District · Jan 28, 2025

The first question we consider in this appeal is whether the District met its burden in establishing a statutory waiver of the City’s immunity based on the 4 parties’ contract. … As a result, the notice and consent provision cannot qualify as a service sufficient to waive the City’s immunity under Chapter 271. C. UDJA.

Texas Alcoholic Beverage Commission v. Mario Villarreal

Texas Court of Appeals, 3rd District (Austin) · Dec 19, 2024

TCHRA Generally The TCHRA clearly and unambiguously waives sovereign immunity, but only if a claimant states a claim for conduct that actually violates the statute. See Alamo Heights Indep. Sch. … Commission’s sovereign immunity.

Wilson v. Vickery

267 F. Supp. 2d 587 · District Court, E.D. Texas · Oct 17, 2002

Ultimately, a state actor is entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions. See Wilson v. … Sheriff Cain has conclusively established each element of the affirmative defense of qualified immunity and is, therefore, entitled to judgment as a matter of law.

Enriquez v. Khouri

13 S.W.3d 458 · Texas Court of Appeals, 8th District (El Paso) · Feb 10, 2000

In her answer to the lawsuit, Enriquez asserted the affirmative defense of absolute immunity pursuant to Sections 8.006 and 22.051 of the Texas Education Code, and urged qualified privilege because the appellees were public … Scope of job duties Initially, Enriquez asserts that the statutory standard for immunity under the Education Code is broader than the common law standard because under the common law, defendants must establish that their

Rebecca Schoffstall v. City of Corpus Christi

Texas Court of Appeals, 13th District · Aug 25, 2014

Appellant also argues that the City offered no evidence to establish that its Demolition and Rehabilitation Loan Program was part of the City’s community development program, and therefore failed to establish that the program … We conclude that the description of the City’s program qualified as a community development activity for purposes of determining immunity from suit. See id.

Newman v. Obersteller Ex Rel. Obersteller

40 Tex. Sup. Ct. J. 497 · Texas Supreme Court · Apr 18, 1997

This Court has consistently noted that Section 51.014(5) is based on qualified immunity. In Travis v. … Subchapter B establishes "tort liability of governmental units" by waiving sovereign immunity in specific circumstances. Id. §§ 101.021-.028.

Reginald Dale Peters v. Vincent Messina, Stuart Neil, Kelton Conner, Judy Watson, Robert Christian, J.L. East, Allen Hardin, Robert Crank, David Conway, David Tucker, Leslie Crane, Robert Young, Thelbert Millsap, Johnny Rose, Johnny Miller, Judy Elain Peters

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 28, 2009

. § 1983 5 against any of the defendants, qualified immunity is immunity from suit available to government officials sued in their individual capacities under § 1983. Harlow v. Fitzgerald, 457 U.S. 800, 818, 102 S. … 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 rights of

Ayres v. City of Beaumont

193 F. Supp. 2d 896 · District Court, E.D. Texas · Jul 31, 2001

The doctrine of qualified immunity protects government officials performing discretionary functions from liability of civil damages as long as their actions do not violate clearly established statutory or constitutional rights … As such, Chief Bertrand was acting within his discretion as a city official and enjoys qualified immunity from a federal claim.

Barnstone v. McKeever

477 F. Supp. 108 · District Court, S.D. Texas · Sep 18, 1979

The Supreme Court has recently held that federal executive officials exercising discretion are entitled only to the qualified immunity specified in Scheuer v. … The doctrine of qualified immunity clearly shields these Defendants from any personal civil liability to the Plaintiff for their conduct in relation to him.

Texas Workers' Compensation Commission v. Texas Builders Insurance Co.

994 S.W.2d 902 · Texas Court of Appeals, 3rd District (Austin) · Jul 29, 1999

Moreover, the question of waiver of sovereign immunity for any such entity falls to the legislature, and “it is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear … insurance carrier, the legislature clearly intended that the statutory scheme it conceived be enforceable.

City of Houston v. Lee

762 S.W.2d 180 · Texas Court of Appeals, 1st District (Houston) · Oct 13, 1988

An appointment may not be made before the required qualifying criteria have been established and approved as prescribed by this subdivision. … None of the ordinances described the positions established by titles indicating the duties to be performed.

Bkadlet v. McCrabb

1 Dallam 504 · Texas Supreme Court · Jun 15, 1843

The order of procedure in suing out writs of mandamus is very clearly prescribed in 3 Black. Com., p. … Section 6, article 4, of the Constitution provides “that the clerks of the district courts shall be elected by the qualified voters for members of Congress in the counties where the courts are established, and shall hold

Laura Beeman and Janet Lock v. Brad Livingston, in His Official Capacity as Executive Director of the Texas Department of Criminal Justice

468 S.W.3d 534 · Texas Supreme Court · Jun 29, 2015

—Austin Dec. 28, 2012, order) (per curiam). 2 a plea to the jurisdiction, arguing that the Code does not clearly and unambiguously waive immunity. … TDCJ inmates) qualifies as the “public”—the community as a whole.

Philip Gregory Byrd, Lucy Leasing Co., LLC, and PGB Air, Inc. v. Vick, Carney & Smith LLP, Cantey Hanger LLP, and Nancy Ann Simenstad

409 S.W.3d 772 · Texas Court of Appeals, 2nd District (Fort Worth) · Aug 1, 2013

Tex. 1998)). 6 placing the burden of production to establish the exception to the attorney’s immunity on the beneficiaries. … Some courts have held that the attorney must both establish its immunity as a matter of law and disprove the applicability of a pleaded exception to the immunity such as fraud as a matter of law.

Travis v. City of Mesquite

35 Tex. Sup. Ct. J. 756 · Texas Supreme Court · May 20, 1992

be no granting of summary judgment based on the applicability of the doctrine of qualified immunity...." … Furthermore, the elements of official immunity and qualified immunity appear for all practical purposes to be the same.

In Re Frank Jackson v. the State of Texas

Texas Court of Appeals, 15th District · Jan 5, 2026

The trial court did not clearly abuse its discretion when it denied Jackson’ Rule 91a motion to dismiss because he did not conclusively establish his attorney-immunity affirmative defense. … reached only one conclusion.”59 ARGUMENT Jackson’s Rule 91a motion did not conclusively establish his attorney-immunity affirmative defense.60 So the trial court did not clearly abuse

Zani v. State

657 S.W.2d 196 · Court of Appeals of Texas · Aug 31, 1983

You qualified that as a party. In other words, if the only thing we could prove is that she was a party to it, not a perpetrator, then I would think immunity— [Questions By Mr. … sufficient to produce the result and the conduct of the actor clearly insufficient.

Chishty v. TEXAS DEPT. OF AGING AND DISABILITY

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).

Guerrero v. Refugio County

946 S.W.2d 558 · Texas Court of Appeals, 13th District · May 15, 1997

The district judges also asserted the affirmative defenses of “absolute judicial immunity” and “qualified immunity.” … We find, however, that the district judges asserted the affirmative defenses of “absolute judicial immunity” and “qualified immunity” in their motions for summary judgment.