Case law

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.

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.

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.

Xeller v. Locke

37 S.W.3d 95 · Texas Court of Appeals, 14th District (Houston) · Dec 21, 2000

During oral argument, appellants invited this court to create a legal fiction that appellants are employees of the state, given this alleged control and given Xeller’s qualified immunity from liability under section 413.054 … The term “immunity from suit” has been associated with the right of persons claiming qualified immunity to file interlocutory appeals in federal court; whereas “immunity from liability” refers to the defense on the merits

Alice Jones McDaniel, Independent of the Estate of Jan Lynn Jones v. Crowley Independent School District; And Omni Financial Group, Inc., D/B/A U.S. Omni

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 20, 2025

Hence, it was incumbent on Executor to affirmatively plead facts that established a waiver of governmental immunity. … Waiver of governmental immunity exists only if the legislature has clearly and unambiguously waived the immunity by statute. Rattray v.

City of McKinney v. Hank's Restaurant Group, L.P.

412 S.W.3d 102 · Texas Court of Appeals, 5th District (Dallas) · Sep 18, 2013

Categories four through seven4 clearly are not claims under Chapter 245, so section 245.006 does not waive the City’s immunity as to those claims. … HRG’s pleadings are not sufficient to establish a waiver of immunity under Chapter 245, but it is entitled to an opportunity to amend its pleadings.

City of Beverly Hills v. Guevara

886 S.W.2d 833 · Texas Court of Appeals, 10th District (Waco) · Nov 9, 1994

actions are alleged to be negligent, so long as their actions meet the three-prong test established for finding official immunity.... … The Court also said, “conversely,” if an employee is protected from liability by qualified immunity, the governmental unit’s sovereign immunity remains intact Id.

Collins v. Scott

961 F. Supp. 1009 · District Court, E.D. Texas · Apr 18, 1997

The defense of qualified immunity shields government officials performing discretionary functions from liability for civil damages insofar as their conduct does not violate clearly established rights which a reasonable person … The Defendants are entitled to have the claims against them dismissed because of qualified immunity.

Ratliff, Kevin

Court of Criminal Appeals of Texas · Mar 16, 2022

that the seriousness of the crime is equally important in cases of hot pursuit.”18 Significantly, Stanton was about “qualified immunity.”19 The issue was whether the law was clearly established that Stanton’s … pursuit of a fleeing suspect did not justify his warrantless entry into a home when the suspected crime was only a misdemeanor.20 The Supreme Court held that the law was not clearly established in that regard.21 To the

Tex. S. Univ. v. Mouton

541 S.W.3d 908 · Court of Appeals of Texas · Jan 11, 2018

Mouton brought several allegations relating to inadequate security: that TSU did not provide enough security, hired incompetent security personnel that were not properly qualified or trained, failed to adequately supervise … ("[N]owhere does the petition allege facts to establish a nexus between the lifeguard stations or chairs and [the] injury.

Empower Texans, Inc. v. Dallas County, Texas

Texas Court of Appeals, 5th District (Dallas) · Jul 15, 2022

Governmental immunity from suit deprives the trial court of subject-matter jurisdiction over claims against governmental entities unless the party suing the governmental entity establishes the … The TPIA does not define or otherwise qualify the word “refuses.” See id. § 552.003 (definitions). C.

Travis County v. Pelzel & Associates, Inc.

77 S.W.3d 246 · Texas Supreme Court · Jun 27, 2002

This statutory language does not clearly and unambiguously waive immunity from suit. See Tex. Gov’t Code § 311.034. … Section 89.004(a) stands in stark contrast to other statutes that contain language which does clearly and unambiguously waive sovereign immunity from suit.

Jesus Munoz, III v. Jim Wells County, Texas Sheriff Oscar Lopez Mary Alice Benavides and Dionicio Arredondo

Texas Court of Appeals, 4th District (San Antonio) · Jun 14, 2006

"Official immunity" is one of several interchangeable terms, including "quasi-judicial immunity," "qualified immunity," "discretionary immunity," and "good faith immunity," used to refer to an affirmative defense available … Because Munoz only sued the individual defendants under state law claims, we look only to state law to determine whether they established official immunity.

Bumstead v. Jasper County

931 F. Supp. 1323 · District Court, E.D. Texas · Jul 3, 1996

Defense of Qualified Immunity The analysis in the preceding section disposes of the need to address defendant Davis’ qualified immunity defense. … at the time the defendant acted, both questions are part of a qualified immunity analysis. 10 While this is merely a matter of semantics, under this formulation, then, the qualified immunity analysis would not be rendered

Texas Military Department v. Rogerio Estrada, Jr., and Marta Gonzalez Estrada

Texas Court of Appeals, 4th District (San Antonio) · Aug 20, 2025

If the plaintiff does not establish a waiver of immunity, Texas courts lack jurisdiction to consider his claims against a governmental unit. See Rattray, 662 S.W.3d at 866. … A plaintiff must first establish a waiver of immunity under some other provision of the Texas Tort Claims Act before he can invoke a claim of negligent implementation.” Perez v.

Doctor v. Pardue

186 S.W.3d 4 · Texas Court of Appeals, 1st District (Houston) · Mar 9, 2006

We recognize that, under the Act, qualifying charities are not absolutely immune, but we still treat the issue as one of "charitable immunity.” See Cox v. … We note that the Doctors do not challenge the sufficiency of the evidence to support the jury's finding that Pardue qualified as a volunteer under the Act.

Mark Dubose and Hollie Oliver v. Brandon Allen Nelson

Texas Court of Appeals, 9th District (Beaumont) · Apr 30, 2026

Appellants argued that Nelson failed to demonstrate a waiver of immunity because his pleadings establish that his proposed subdivision contains a public road, that platting is 5 … it clearly states that immunity from suit is waived for claims arising out of actions taken by governmental officials contrary to Chapter 245 of the Local Government Code.