Case law

Bluitt v. Houston Independent School District

236 F. Supp. 2d 703 · District Court, S.D. Texas · Oct 14, 2002

A defendant “is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct.” Blackwell v. … In considering a claim of qualified immunity, the court must make a two-step inquiry: First, the court must determine whether the plaintiff has alleged a violation of a clearly established constitutional right.

Harris County, Texas v. Lori Annab

547 S.W.3d 609 · Texas Supreme Court · May 11, 2018

The court of appeals found that Annab’s allegations regarding the county’s “use” of the firearm failed to establish a waiver of the county’s immunity. Annab v. Harris Cty., 524 S.W.3d 793, 803–05 (Tex. App. … These allegations do not establish a waiver of immunity under the Tort Claims Act.

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

Jingping Xu v. University of Texas MD Anderson Cancer Center

854 F. Supp. 2d 430 · District Court, S.D. Texas · Feb 22, 2012

If the alleged conduct amounts to a constitutional violation, the court proceeds to the “ ‘qualified immunity question’ of whether the right was clearly established at the time of the conduct.” Id. … County of Comal, 400 F.3d 284, 289 (5th Cir.2005) (“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

Burgess v. Jaramillo

914 S.W.2d 246 · Texas Court of Appeals, 2nd District (Fort Worth) · Feb 15, 1996

We find that Burgess has failed to establish as a matter of law that his conduct was discretionary in nature. He, therefore, has failed to establish, as a matter of law, his affirmative defense of official immunity. … This concept is also called "qualified immunity” or “quasi-judicial immunity." See Travis v. City of Mesquite, 830 S.W.2d 94, 100 n. 2 (Tex. 1992) (Comyn, J., concurring).

Gonzales v. Galveston Independent School District

865 F. Supp. 1241 · District Court, S.D. Texas · Oct 4, 1994

Qualified Immunity The individual Defendants in this case argue that they should not be subjected to suit in their individual capacities because they are protected by the doctrine of qualified immunity. … from suit in their individual capacities under the doctrine of qualified immunity.

Office of the Attorney General v. Gayle Ackley Collard

Texas Court of Appeals, 6th District (Texarkana) · Jan 5, 2026

The OAG is a governmental unit that 3 has “sovereign immunity from lawsuits, except where the Legislature waives . . . immunity.” Flores v. Tex. Dep’t of Crim. … In Niehay, the Texas Supreme Court explained, The TCHRA waives sovereign immunity, “but only if the plaintiff alleges facts that would establish that the state agency violated the Act and, when challenged

City of Houston v. Northwood Municipal Utility District No. 1

73 S.W.3d 304 · Court of Appeals of Texas · Nov 15, 2001

This action clearly constitutes an inverse condemnation of Northwood’s Property for which it is entitled to compensation. ... 12. … of sovereign immunity.

City of Watauga v. Russell Gordon

Texas Court of Appeals, 2nd District (Fort Worth) · Nov 21, 2012

In its brief, the City thoroughly analyzes and attempts to delineate and distinguish between the case law holding, according to the City, that to qualify as an intentional tort, the state actor must have only intended his … act [3] and the case law holding that to qualify as an intentional tort, the state actor must have intended the injury he caused. [4] The City urges us to resolve this purported split of authority and argues that only the

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.

Jarvis v. Roberts

489 F. Supp. 924 · District Court, W.D. Texas · May 15, 1980

In Butz , the Court held that judges have absolute immunity in the exercise of their judicial functions, that federal prosecutors also have absolute immunity, and that federal executive officials have a qualified immunity … Agent McConnell, as a federal executive officer, is entitled to a mixture of absolute and qualified immunity.

S.W., as Next Friend of A.W. v. Arlington Independent School District and Lindsey Foster

435 S.W.3d 414 · Texas Court of Appeals, 2nd District (Fort Worth) · Jun 12, 2014

(“We decline to establish a waiver- by-conduct exception to sovereign immunity for any cause of action, whether based on a breach of contract or not.”). 11 Thus, we conclude that AISD did not waive its governmental immunity … 15 not cite authority, however, establishing that AISD lacks authority to settle claims against it.

Williams v. Blaisdell

173 F. Supp. 2d 574 · District Court, N.D. Texas · Apr 6, 2001

§ 1983 6 unless it is shown by specific allegations that the official violated clearly established constitutional law. … In analyzing whether a defendant is entitled to qualified immunity, the court undertakes a two-stage analysis. Id.

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.

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.

Riggan v. Midland Independent School District

86 F. Supp. 2d 647 · District Court, W.D. Texas · Feb 23, 2000

H.Qualified Immunity As a final basis for summary judgment, the Defendants assert they are entitled to qualified immunity from Plaintiffs claims. … Defendant Neil Richmond also claims that he is entitled to summary judgment on all claims based on the doctrine of qualified immunity because he asserts he did not violate a clearly established right of which a reasonable

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.

Tommie J. Denson v. T.D.C.J.-I.D.

Texas Court of Appeals, 12th District (Tyler) · May 30, 2003

Qualified Immunity While in the past some courts used the terms "qualified immunity" and "official immunity" interchangeably, recent cases refer to the federal defense as "qualified immunity" and the state defense as "official … Qualified or "good faith" immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

University of Texas at Arlington v. Grace Esimai

Texas Court of Appeals, 2nd District (Fort Worth) · Mar 26, 2026

As a state agency, UTA is thus immune from suit unless the legislature has expressly waived its sovereign immunity. State v. Lueck, 290 S.W.3d 876, 880 (Tex. 2009); Ho v. … Esimai failed to establish a prima facie case of disability discrimination or the failure to accommodate her because she did not show that she was qualified for the in-person teaching position.

Southwest Guaranty Trust Co v. Providence Trust Co.

970 S.W.2d 777 · Texas Court of Appeals, 3rd District (Austin) · Jul 2, 1998

Exercising this discretion, the record indicates that Providence purchased what is commonly referred to as non-qualified “retirement annuities.” … established.