Case law

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.

Madison v. Houston Independent School District

47 F. Supp. 2d 825 · District Court, S.D. Texas · Apr 22, 1999

Under the doctrine of qualified immunity, governmental employees, when sued in their individual capacities, are immune from suit when their actions are objectively reasonable as measured by reference to clearly established … Whether the act complained of by the plaintiff violates clearly established rights is essentially a legal question. Id. A two-step process is used by the court in analyzing qualified immunity.

Matthew James Leachman v. Doug Dretke, Deborah A. Johnson, Glenda J. Adams, Joseph C. Boyle, and Denise Oncken

Texas Court of Appeals, 2nd District (Fort Worth) · Jul 10, 2008

After a government official asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to show that the defendant’s conduct violated clearly established statutory or constitutional rights … Therefore, as to Oncken’s qualified immunity defense, Leachman failed to show that her conduct violated any clearly-established statutory or constitutional right because he failed to state any constitutional claims in his

Hill v. Silsbee Independent School District

933 F. Supp. 616 · District Court, E.D. Texas · Mar 14, 1996

Defendant-Muckleroy’s Defense of Qualified Immunity Defendant Muckleroy seeks to invoke the defense of qualified immunity in his individual capacity. … However, qualified immunity does not shield a public official whose conduct violates clearly-established constitutional rights at the time of the incident, if a reasonable person would have known that such conduct was unconstitutional

University of Texas at San Antonio v. Damien Wilkerson

Texas Court of Appeals, 13th District · Jan 26, 2026

In its third issue, UTSA argues that Wilkerson failed to establish a prima facie discrimination claim because he was not “qualified” for his position. … Because Wilkerson failed to establish a prima facie retaliation claim, the trial court erred by denying UTSA’s assertion of sovereign immunity as to this claim. See Alamo Heights, 544 S.W.3d at 781–82.

David Wuertz/Sam Wilson v. Sam Wilson/David Wuertz

Texas Court of Appeals, 3rd District (Austin) · Apr 24, 1996

In point of error one, Wuertz argues that the trial court erred in denying him qualified immunity by overruling his motion for judgment notwithstanding the verdict and motion for new trial because the evidence conclusively … Thus, in this case, we must consider only the evidence and inferences tending to support the finding that Wuertz was not entitled to the qualified immunity privilege and disregard all evidence and inferences to the contrary

Juan Enriquez v. the University of Texas System Board of Regents, James B. Milliken, and Dr. Erin Jones

Texas Court of Appeals, 3rd District (Austin) · May 31, 2024

Milliken and Jones argued that they were entitled to qualified immunity. 5 A party moving for traditional summary judgment must establish that there is no genuine issue of material fact and that he is entitled … show that the defendant’s conduct violated clearly 11 Enriquez argues that because qualified immunity is an affirmative defense and does not challenge jurisdiction, it is not properly part of an interlocutory

Elbert Johnson v. City of Bellaire and Rosa Larson

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.

Texas Department of Public Safety v. Hugo Rodriguez and Maria Rodriguez

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.

Billy D. Burleson, III, Jon J. Mark, and Craig A. Bennight v. Collin County Community College Disrict

Texas Court of Appeals, 5th District (Dallas) · Dec 20, 2022

(noting that “there is nothing in sections 614.022–.023 that clearly and –17– unambiguously waives the City’s immunity”); City of Caldwell v. … Thus, immunity will bar even an otherwise proper claim under the UDJA if the claim would have the “effect of establishing a right to relief” for which the Legislature has not waived immunity. Id.

Engelman Irrigation District v. Nelda Lee Shields and Nina Garcia Garrett

Texas Court of Appeals, 13th District · May 8, 2008

Appellees further produced testimony indicating that Engelman had not clearly established procedures for obtaining the new forms and that its employees were themselves uncertain as to the requirements for obtaining and … It is well-established that governmental entities generally enjoy immunity from suit, unless the legislature has explicitly waived such immunity. See, e.g., Tooke v.

the City of Beaumont v. Raul Isern

Texas Court of Appeals, 9th District (Beaumont) · Aug 13, 2020

Isern contends that he has clearly and specifically pleaded the City’s waiver of immunity under the TTCA. … Isern maintains that he clearly and specifically pleaded the City’s waiver of immunity under section 101.021(2). See Tex. Civ. Prac. & Rem. Code Ann. § 101.021(2).

Koerselman v. Rhynard

875 S.W.2d 347 · Texas Court of Appeals, 13th District · Mar 10, 1994

Koerselman claims that he had conclusively established all elements of the defense of official immunity and that there are no genuine issues of material fact. Dr. … Rhynard argues that official immunity does not protect Dr.

Linda Jurek v. Gary E. Kivell

Texas Court of Appeals, 1st District (Houston) · Apr 21, 2011

—Houston [1st Dist.] 2005, pet. denied) (attorney qualified immunity bars lawsuits against opposing counsel “even if the conduct is wrongful in the context of the underlying lawsuit”) . … Kivell’s Alleged Conduct Jurek was not Kivell’s client or in contractual privity with him so the general rule of attorney qualified immunity applies.

United Concerts International v. the City of Hidalgo, Texas Municipal Facilities Corporation D/B/A Payne Arena

Texas Court of Appeals, 13th District · Jul 3, 2025

Sovereign immunity protects the State and its agencies from lawsuits for money damages and deprives a trial court of subject matter jurisdiction over the plaintiff’s claims unless immunity is clearly and unambiguously waived … However, it is well established that “[s]ubject matter jurisdiction is an issue that may be raised for the first time on appeal” and “may not be waived by the parties.” Tex. Ass’n of Bus. v. Tex.

Starks v. Bowles

682 F. Supp. 891 · District Court, N.D. Texas · Jan 11, 1988

Whether Plaintiffs’ claim for damages against Defendant is barred by the doctrine of qualified immunity; and, 4. … Plaintiffs’ Claim for Damages Barred by Qualified Immunity A plaintiff must plead specific facts to support a claim against a governmental official who is entitled to the protection of immunity in order to survive a motion

Hawkins v. Walvoord

25 S.W.3d 882 · Texas Court of Appeals, 8th District (El Paso) · Aug 3, 2000

Judge Fitz-Gerald held a hearing, found that Hawkins was qualified, competent, and fully capable of representing Sundy, and denied the motion. … Spark-man: 14 absolute immunity extends to all judicial acts unless such acts fall clearly outside the judge’s subject-matter jurisdiction. 15 In determining whether absolute judicial immunity applies, we face a two-part

Garza v. Morales

923 S.W.2d 800 · Texas Court of Appeals, 13th District · May 16, 1996

Garza and the City of Weslaco answered and raised the defenses of sovereign immunity, qualified immunity, and judicial immunity. … The setting of bail is clearly a judicial function.

Zachry Construction Corporation v. Port of Houston Authority of Harris County, Texas

57 Tex. Sup. Ct. J. 1378 · Texas Supreme Court · Aug 29, 2014

But Section 271.152, as qualified by this “subject to” phrase also does not preclude other defenses or other contractual procedures, or confer immunity or suggest joint enterprise. … Direct damages for breach — “the necessary and usual result of the defendant’s wrongful act” 62 — certainly qualify.

University of Texas at Arlington v. Sandra Williams and Steve Williams

58 Tex. Sup. Ct. J. 514 · Texas Supreme Court · Mar 20, 2015

of retention of immunity.” … at issue here are not “clearly within [the statute’s] purview.”