Case law

Lubbock County Water Control and Improvement District No. 1 v. Jonathan Rodriguez and Abrisian Rodriguez, Individually and as Next Friends of E.R., R.R., and A.R., Minors

Texas Court of Appeals, 7th District (Amarillo) · Jun 11, 2024

While Rodriguez’s pursuits earlier in the day, such as swimming and picnicking at the lake, clearly qualify as “recreation,” our focus must be on his activity at the time he was injured, namely watching a fireworks display … In light of our disposition of WCID’s first issue, we need not address its second, in which it contends that Appellees failed to establish gross negligence. See TEX. R. APP.

State v. Paul Reed Harper

562 S.W.3d 1 · Texas Supreme Court · Jun 29, 2018

[it] would have clearly stated so.” That argument states precisely the opposite of the presumption that we apply when determining whether the legislature has waived sovereign immunity. … Rather, Reata establishes that sovereign immunity never protects the state from certain qualifying counterclaims when the state does assert certain claims for monetary recovery. But it does not establish the inverse.

Texas Department of Aging and Disability Services v. Claudia Gomez

Texas Court of Appeals, 8th District (El Paso) · Aug 30, 2024

Gomez responded, arguing that there was sufficient jurisdictional evidence to support her claims, thereby establishing waiver of DADS’s immunity. … Age and gender discrimination A prima facie case of age or sex discrimination is established by producing evidence that the plaintiff (1) is a member of the protected class; (2) was qualified for the position;

Southwestern Bell Telephone, L.P. v. Emmett

58 Tex. Sup. Ct. J. 567 · Texas Supreme Court · Mar 20, 2015

to governmental immunity. … The undisputed facts establish that Marcotte acted with authority of law and that the ultra vires exception is inapplicable as to him.

Mission Consolidated Independent School District v. Garcia

314 S.W.3d 548 · Texas Court of Appeals, 13th District · May 27, 2010

Age Discrimination To establish a prima facie case of age discrimination, a plaintiff must show: *556 (1) that she was discharged; (2) that she was qualified for the position; (3) that she was in the protected class at the … Notwithstanding the lack of briefing or argument, the supreme court considered the waiver issue 9 and concluded that the “TCHRA clearly and unambiguously waives immunity.” Garcia, 253 S.W.3d at 660 .

Tooke v. City of Mexia

49 Tex. Sup. Ct. J. 819 · Texas Supreme Court · Jun 30, 2006

Thus, even if the City were not immune from suit for breach of a contract whose subject lies within its proprietary functions, the Tookes’ contract does not qualify- Third, the Tookes argue that the City waived immunity from … (holding the Legislature "clearly and unambiguously waived immunity for community college districts” through the use of the language "sue and be sued”); City of Houston v.

William C. Dear v. City of Irving and Benny Newman

Texas Court of Appeals, 3rd District (Austin) · Jul 12, 1995

"This immunity, variously known as governmental, official, quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability. … Under federal law, the defense of qualified immunity applies only if the officer's actions involved the exercise of discretionary duties. See Streetman v. Jordan , 918 F.2d 555, 556 (5th Cir. 1990).

Jimerson v. Lewis

District Court, N.D. Texas · Mar 31, 2022

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … In analyzing qualified immunity claims, the Supreme Court has “repeatedly told courts … to not define clearly established law at a high level of generality.” Mullenix v. Luna, 136 S.

Linton v. Airbus Industrie

934 S.W.2d 754 · Texas Court of Appeals, 14th District (Houston) · Dec 5, 1996

Therefore, appellants contend, DA’s 49.25% sovereign ownership may not be “tiered” through the company and “pooled” with the sovereign ownership interests of France and Spain to qualify for FSIA immunity. … Appellees urge the application of an ultimate ownership test, arguing that Congress placed in the FSIA no requirement that a foreign government arrange its corporate structures in a particular manner to qualify for immunity

ASM Global, LLC D/B/A Destination El Paso and ASM Global Parent, Inc. v. Jessica Weaver, Individually and as Representative of the Estate of A.M., a Minor

Texas Court of Appeals, 8th District (El Paso) · Oct 4, 2024

In two issues, ASM contends the trial court erred in failing to recognize its entitlement to governmental immunity, either as a purported arm of city government, or as derivatively established due to its operation of certain … ASM responded with a plea to the jurisdiction asserting its entitlement to governmental immunity, and it further asserted that no immunity waiver applied.

Villarreal v. Martinez

834 S.W.2d 450 · Texas Court of Appeals, 13th District · Jun 16, 1992

The answer also included a counter-claim for “his injury and property damage” as well as special exceptions claiming defendant was entitled to “qualified immunity” and asserting his defense of “quasi-judicial” immunity. … Points of error three through nine complain of the granting of the special exceptions alleging, qualified and quasi-judicial immunity. We agree that it was error for the trial court to grant these special exceptions.

Cephus v. Texas Health & Human Services Commission

146 F. Supp. 3d 818 · District Court, S.D. Texas · Nov 19, 2015

It clearly and unambiguously waives governmental immunity for governmental entities that are “employers,” defined in § 21.002(8) as including “a county, municipality, state agency, or state instrumentality, regardless of … For example, a plaintiff could show that she is clearly better qualified than the person who got the job, promotion, raise, etc., 6 or demonstrate that the employer’s articulated reason is false by showing inconsistency in

Leake v. Half Price Books, Records, Magazines, Inc.

918 S.W.2d 559 · Texas Court of Appeals, 5th District (Dallas) · Feb 7, 1996

Harmon asserted a qualified immunity defense against Half Price Books’s indemnity claims. 1. … ’s qualified immunity defense.

Whitesell v. Newsome Ex Rel. Doe

138 S.W.3d 393 · Texas Court of Appeals, 14th District (Houston) · Jun 17, 2004

Whitesell further testified that he provided Durham with a list of employees who were qualified to drive buses for BISD, including the fact that they had the requisite criminal record check, and Johnson was on that list. … In this case, Whitesell does not controvert that he violated section 22.084(b) of the Education Code, a provision which clearly delineates the duties of a professional employee of a school with respect to obtaining approval

Williams v. Thomas

511 F. Supp. 535 · District Court, N.D. Texas · Apr 3, 1981

The qualified immunity standard for public officials upon which Bolt relies was enunciated by the Supreme Court in Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975). … Stickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975)] is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional.”

the University of Texas Medical Branch at Galveston` v. Nicole Petteway

373 S.W.3d 785 · Texas Court of Appeals, 14th District (Houston) · Jun 5, 2012

Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (holding that “the TCHRA “clearly and unambiguously waives immunity”). … ANALYSIS To prevail on a claim of gender discrimination, the plaintiff must establish that (1) she is a member of a of a class protected by the TCHRA, (2) she was qualified for her

Texas Department of Criminal Justice v. Watt

949 S.W.2d 561 · Texas Court of Appeals, 10th District (Waco) · Aug 1, 1997

TDCJ filed a motion for summary judgment on the basis of sovereign immunity. TDCJ asserted, among other things, that because the officers’ qualified immunity inured to TDCJ’s benefit, it is immune from liability. … As a consequence, we cannot say that TDCJ has failed to establish the “good faith” element of official immunity.

Teran v. Valdez

929 S.W.2d 37 · Texas Court of Appeals, 13th District · Jul 11, 1996

The procedure for invoking the defense of official immunity for government employees renders the official immune from suit, not just immune from liability, based on considerations such as: the importance of avoiding distraction … Forsyth, 472 U.S. 511, 525-26 , 105 S.Ct. 2806, 2814-15 , 86 L.Ed.2d 411 (1985) (addressing right to interlocutory appeals from denial of summary judgment based on qualified immunity to section 1983 claims).

Scott v. City of Dallas

876 F. Supp. 852 · District Court, N.D. Texas · Feb 20, 1995

Qualified Immunity The individual Defendants have qualified immunity from liability for money damages if their conduct did not violate clearly-established law of which a reasonable official would have been aware. … Plaintiffs have submitted' only conelusory allegations in support of these claims, and have not plead any facts sufficient to defeat qualified immunity concerning them.

Rosalinda E. Romero v. Texas Permanent School Fund Corp.

Texas Court of Appeals, 15th District · Aug 27, 2026

Hart, 3  Section 122.001(a) does not clearly and unambiguously waive the Fund’s immunity. … But deleting the word “private” cannot substitute for language clearly waiving immunity, for the reasons we’ve discussed.