Case law

Ann Rosenberg v. KIPP, Inc.

458 S.W.3d 171 · Court of Appeals of Texas · Feb 2, 2015

The evidence shows Rosenberg was over forty and qualified for the position. The evidence also establishes she was not invited to return for the 2011-2012 academic year, and her employment was terminated in May 2011. … See Garcia II, 253 S.W.3d at 660 (holding the Texas Commission on Human Rights Act clearly and unambiguously waives immunity for suits brought against school districts under the Act). .

Garza v. Galena Park Independent School District

914 F. Supp. 1437 · District Court, S.D. Texas · Sep 1, 1994

Individual defendants sued in their individual capacity are entitled to qualified immunity unless they violated clearly-established statutory or constitutional rights of which a reasonable person knew or should have known … As discussed above, no constitutional right was involved in this case and the individual defendants are protected by qualified immunity.

Thomas v. State

294 F. Supp. 3d 576 · District Court, N.D. Texas · Feb 13, 2018

When qualified immunity is invoked, the plaintiff has the burden to show the inapplicability of an asserted qualified immunity defense. Club Retro, L.L.C. v. … Feb. 16, 2016) (denying motion to dismiss on grounds of qualified immunity because the plaintiff was not required to anticipate a qualified immunity defense by providing greater specificity in his initial pleading).

LTTS Charter School, Inc. v. C2 Construction, Inc.

54 Tex. Sup. Ct. J. 1176 · Texas Supreme Court · Jun 17, 2011

In this case, Universal Academy is run by a non-profit corporation organized under Texas law and qualifying under Section 501(c)(3) of the Internal Revenue Code. … And if immunity is never waived, then Section 12.1056 would suggest that open-enrollment charter schools are immune from all tort liability, unique among all governmental entities in the State.

AHF COMMUNITY DEVELOPMENT, LLC v. City of Dallas

633 F. Supp. 2d 287 · District Court, N.D. Texas · Jun 11, 2009

Todd are entitled to qualified immunity. … “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.” Wallace v.

Risk Management Strategies, Inc. v. Texas Workforce Commission

464 S.W.3d 864 · Court of Appeals of Texas · May 22, 2015

The term “claim” is not defined in the Act, but the term “valid claim” is, and means “a claim filed by an unemployed individual who has received the wages necessary to qualify for benefits.” … .- ■ The other provisions within this chapter are also clearly concerned with the procedure for resolving disputes over claims for unemployment benefits.

Jackson v. Texas Forest Service

194 F. Supp. 2d 566 · District Court, E.D. Texas · Oct 12, 2001

To establish a prima facie case of discrimination under Title VII a plaintiff must show: 1) she is a member of a protected class, 2) she was qualified for the position she was denied, 3) she was not hired, and 4) after her … Although Jackson has clearly established that she belongs to a racial minority, and although (particularly when viewed in a light most favorable to her), it can easily be assumed that Jackson was qualified for the job, and

U OF TEX SOUTHWESTERN MED. CEN. v. Margulis

11 S.W.3d 186 · Texas Supreme Court · Jan 6, 2000

The motion for summary judgment argued that as a matter of law the plaintiff failed to plead specific facts that would indicate a violation of clearly established law. … The motion then argued extensively that as a matter of law Fain and Winchester were entitled to summary judgment based on qualified immunity.

Medina v. O'NEILL

589 F. Supp. 1028 · District Court, S.D. Texas · May 7, 1984

Finally, defendants aver that the doctrine of qualified immunity shields the good faith acts of the individually named federal defendants because their conduct did not violate clearly established statutory or constitutional … Once the defendants establish this defense, the burden then shifts to the plaintiffs to prove that the defendants’ actions violated clearly established law. Harlow v.

City of San Antonio v. Lower Colorado River Authority

369 S.W.3d 231 · Court of Appeals of Texas · Jul 29, 2011

By the middle of 2008, studies had established that under its original parameters, the project would generate between 90,000 and 115,000 acre-feet of water for SAWS. … This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v.

La Villa Independent School District and Sonia M. Lopez v. Marlene Hinojosa

Texas Court of Appeals, 13th District · Oct 23, 2025

Only the sovereign’s own consent could qualify the absolute character of that immunity.”). … Thus, unless sovereign immunity is clearly and unambiguously waived by the legislature, a Texas court lacks subject matter jurisdiction over any lawsuit against a governmental unit such as LVISD. See El Paso Educ.

Judy Powell v. Roger E. Foxall

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.

Terry Trimble, Tom Phillips, Judy Rouse, Barry W. Frederickson, and Claudia Langguth v. John L. Robinson

Texas Court of Appeals, 3rd District (Austin) · Jun 26, 1996

Because official immunity is an affirmative defense, summary judgment is proper only if the movants establish conclusively each element of the defense. Kassen, 887 S.W.2d at 8 . … "[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred."

Clark v. University of Houston

979 S.W.2d 707 · Texas Court of Appeals, 14th District (Houston) · Sep 24, 1998

Analysis In a single point of error, Clark contends summary judgment was improper because Williams and Stewart failed to establish they were entitled to'immunity under the doctrine of official immunity. … Recently, in Wadewitz , the Texas Supreme Court clarified the summary judgment burden a defendant police officer must satisfy in order to establish that he is entitled to official immunity.

Winograd v. Clear Lake City Water Authority

811 S.W.2d 147 · Texas Court of Appeals, 1st District (Houston) · May 30, 1991

Court in order to strip them of their qualified immunity. 4 Harlow v. … In so holding, the Court reasoned as follows: If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Roe v. Johnson County

District Court, N.D. Texas · Aug 27, 2021

progeny) in his response to the motion for summary judgment on qualified immunity. … Any contentions that Plaintiff may now make as to qualified immunity’s clearly-established prong are legal arguments, not evidence.

Harris County, Texas and Kevin Vailes v. Barbara Coats, Individually, as Personal Representative of the Estate of Jamail Amron, and as Heir to the Estate of Jamail Amron, And Ali Amron, Individually and as Heir to the Estate of Jamail Amron, Barbara Coats

Texas Court of Appeals, 14th District (Houston) · Feb 6, 2020

Qualified immunity shields government officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Once a defendant raises qualified immunity, the burden shifts to the plaintiff to show that (1) the official violated a statutory or constitutional right, and (2) the right was “clearly established” at the time of the violation

Texas Department of Aging and Disability Services v. Lori Loya

491 S.W.3d 920 · Texas Court of Appeals, 8th District (El Paso) · Apr 27, 2016

Thus, the evidence establishes as a matter of law that Loya was not replaced by a similarly qualified male. 5  That does not end our inquiry, however. … Thus, Loya failed to carry her burden to establish a waiver of sovereign immunity that would bestow subject-matter jurisdiction on the trial court over her TCHRA claims.

Gilbert v. French

665 F. Supp. 2d 743 · District Court, S.D. Texas · Oct 19, 2009

reasonable “in light of clearly established law at the time of the conduct in question.” … The proof of record is not sufficient to overcome the officers’ assertion of qualified immunity. The Court grants Defendants Anderson and Fry summary judgment on qualified immunity. B.

the University of Texas Health Science Center at San Antonio v. Linda M. Bruen

Texas Court of Appeals, 4th District (San Antonio) · Jun 28, 2002

"Thus, to establish a violation of Title II, [plaintiffs] must demonstrate: (1) that they are qualified individuals within the meaning of the Act; (2) that they are being excluded from participation in, or being denied benefits … Conclusion Because Bruen's allegations fail to establish a waiver of sovereign immunity, the trial court erred in denying UTHSC's pleas to the jurisdiction.