Case law

Fink v. Anderson

477 S.W.3d 460 · Court of Appeals of Texas · Sep 24, 2015

At times the Legislature has clearly stated its intent to waive immunity. See, e.g., Tex. Civ. Peac. & Rem. Code Ann. § 110.008 (West 2011) (providing that “sovereign immunity to suit and from liability is waived_”). … The investors argue that the Securities Act clearly waives immunity through incorporation of a defined term. The Act provides that a “person” who sells securities can be liable for misrepresentations of material facts.

Paul G. Kinnard, M.D. v. United Regional Health Care System and Sumi King, M.D.

Texas Court of Appeals, 2nd District (Fort Worth) · May 11, 2006

Kinnard has alleged valid claims for defamation and tortious business interference against appellees, [7] the claims are barred by qualified immunity. … To support their qualified immunity defense, appellees submitted affidavits from members of United Regional = s Board of Directors, the peer review committee, and the appellate review committee.

Toni Marie Bullock v. the University of Texas at Arlington

Texas Court of Appeals, 2nd District (Fort Worth) · May 20, 2021

There are two well-established exceptions to Eleventh Amendment immunity. Hurst v. Tex. Dep’t of Assistive & Rehab. Servs., 482 F.3d 809, 810 (5th Cir.), cert. denied, 552 U.S. 989, 128 S. Ct. 490 (2007). … The ADA Bullock also argues that under the ADA, Congress has clearly conditioned acceptance of funds on a state’s waiver of immunity.

Elmer Rivera, Kassandra Morales Rodriguez and Isreal Morales v. City of Houston and Veronica Romero

Texas Court of Appeals, 1st District (Houston) · Jun 16, 2022

Good faith If the officer’s driving qualifies as the performance of a discretionary act, the officer still must act in good faith to qualify for official immunity. See Clark, 38 S.W.3d at 580. … Whether the City established immunity as matter of law based on emergency exception to immunity waiver The City contends that, even if the trial court erred in granting it summary judgment on official immunity

Jonah Water Special Utility District v. Aaron Keith White and Lance White

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

Jonah argues that because its immunity has not been clearly and unambiguously waived for contract claims like the one at issue, the trial court lacked subject matter jurisdiction over the Whites’ contract claim. … Univ., 951 S.W.2d 401, 408 n.1 (Tex. 1997), but more recent cases have found contract disputes not to qualify.

Pumpkin Air, Inc. v. City of Addison

608 F. Supp. 787 · District Court, N.D. Texas · Jan 28, 1985

Clearly Articulated State Policy Defendants argue that the Texas Municipal Airports Act, Tex.Rev.Civ.Stat. Ann. art. 46d-1 et seq. … Misrepresentations do not qualify for Noerr-Pennington protection. Woods Exploration and Producing Company v.

Texas Department of Aging and Disability Services v. Michael Lagunas

Texas Court of Appeals, 8th District (El Paso) · Dec 23, 2020

Governmental Immunity and Pleas to the Jurisdiction State agencies, such as DADS, are protected by sovereign immunity from lawsuits other than for claims for which their immunity has been waived by the legislature … Lagunas does not point us to any evidence establishing, for example, that Alferez was unqualified for the position, as qualified, or less qualified than he.

Andrade v. Chojnacki

65 F. Supp. 2d 431 · District Court, W.D. Texas · Jul 1, 1999

A public official is entitled to qualified immunity if his conduct violates no clearly established statutory or constitutional law. Evans v. Ball, 168 F.3d 856 (5th Cir.1999); Sorenson v. … Accordingly, even if Plaintiffs have stated a claim under the First Amendment, the Defendants would be entitled to qualified immunity because the right was not clearly established at the time of the commission of the alleged

South Texas College v. Daniel Fuentes

Texas Court of Appeals, 13th District · Jan 15, 2026

STC then alleged that Fuentes could not establish a prima facie case for any of his claims because there was no evidence of the following: • That Fuentes was qualified for his position. … Governmental entities are generally immune from suits for money damages unless the Legislature has expressly waived immunity for the type of claim asserted. Mission Consol. Indep. Sch. Dist. v.

Curtis R. Francis, TDCJ-ID 564414 v. TDCJ-CID

Texas Court of Appeals, 2nd District (Fort Worth) · Aug 31, 2007

and for Ford and Horton on their respective affirmative defenses of qualified immunity. … First, she asserted the affirmative defense of qualified immunity.

Bullock v. CRA, Inc.

603 S.W.2d 303 · Court of Appeals of Texas · Jul 17, 1980

In the supporting summary judgment proof it was established that CRA was a cooperative association organized under the laws of the State of Kansas. … Simply stated, the burden of proof is on the claimant to clearly show that it comes within the statutory exemption.”

Jonah Water Special Utility District v. Aaron Keith White and Lance White

Texas Court of Appeals, 3rd District (Austin) · Aug 31, 2009

Jonah argues that because its immunity has not been clearly and unambiguously waived for contract claims like the one at issue, the trial court lacked subject matter jurisdiction over the Whites' contract claim. … Univ. , 951 S.W.2d 401 , 408 n.1 (Tex. 1997), but more recent cases have found contract disputes not to qualify.

Texas Department of Transportation v. Crockett

257 S.W.3d 412 · Texas Court of Appeals, 13th District · Jun 5, 2008

STANDARD OF REVIEW Sovereign immunity, encompassing both immunity from suit and immunity from liability, protects political subdivisions of this state from lawsuits for money damages; sovereign immunity from suit deprives … The Texas Transportation Code authorizes TxDOT to “establish procedures for the informal resolution of a claim arising out of a contract described by ... Chapter 223.” Tex. TRAnsp.

Hays County v. Hays County Water Planning Partnership

69 S.W.3d 253 · Texas Court of Appeals, 3rd District (Austin) · Jan 17, 2002

Hays County failed to raise a claim of qualified immunity in its appeal of the denial of its summary judgment motion. … Therefore, even assuming that Hays County had properly raised legislative immunity in its appeal of the denial of summary judgment and that legislative immunity may be asserted as a type of qualified immunity under section

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

John King v. Texas Department of Human Services by and Through Its Commissioner, Eric Bost

Texas Court of Appeals, 3rd District (Austin) · May 31, 2000

While this statute establishes a time limit for filing a civil action, it does not set a time limit for pleading appropriate jurisdictional facts. … Reasonable minds could therefore find either applicant more qualified or each equally qualified.

Jubilee Academies, Inc. v. Brenda McKinnon

Texas Court of Appeals, 13th District · May 1, 2025

is clearly and unambiguously waived by the Legislature. … To establish a claim of sex discrimination under the TCHRA, a plaintiff must show: (1) she is a member of the class protected by the statute (i.e., female); (2) she is qualified for her employment position; (3) she suffered

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.

Jones v. HOUSTON COMMUNITY COLLEGE SYSTEM

816 F. Supp. 2d 418 · District Court, S.D. Texas · Sep 30, 2011

The HCC Officials’ Motion to Dismiss Based on Qualified Immunity “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory … This argument is addressed in Part V of the opinion, which addresses Rychlec's and Walker's argument that they are entitled to qualified immunity. 5 .

EL PASO COMMUNITY COLLEGE v. Lawler

349 S.W.3d 81 · Texas Court of Appeals, 8th District (El Paso) · Nov 30, 2010

Sovereign Immunity Sovereign immunity deprives a trial court of subject-matter jurisdiction of lawsuits in which the state or certain governmental units have been sued unless the state consents to suit. … EPCC established with its own evidence that an instructor could qualify to teach a credit welding course in May 2004 if he possessed a Texas Teachers Certificate.