Case law

Housing Authority of the City of Austin v. Julia Garza

Texas Court of Appeals, 3rd District (Austin) · Jul 31, 2023

The Housing Authority filed a plea to the jurisdiction, asserting that Garza could not establish a waiver of its governmental immunity under the TTCA. … Because Garza did not continue to assert her special-defect claim in her trial-court response, we address only whether she established a waiver of immunity on her premises-defect claim.

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

(footnote: 6) Immunity Assuming without deciding that Dr. Kinnard has alleged valid claims for defamation and tortious business interference against appellees, (footnote: 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.

Gonzales v. City of El Paso

978 S.W.2d 619 · Texas Court of Appeals, 8th District (El Paso) · May 7, 1998

Appellees alleged that they owed no legal duty to Appellants, the officers enjoyed official or qualified immunity, the city enjoyed governmental or sovereign immunity, and that the death of Appellant’s daughter was proximately … Three, Appellants contend the trial court erred in granting summary judgment because Appellees failed to prove their defense of qualified immunity.

Alcorn v. Vaksman

877 S.W.2d 390 · Texas Court of Appeals, 1st District (Houston) · May 12, 1994

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … are entitled to the protection of qualified immunity.

Roman Forest Public Utility District No. 3 v. Roman Forest Consolidated Public Utility District (In re Roman Forest Public Utility District No. 3)

339 B.R. 891 · United States Bankruptcy Court, S.D. Texas · Feb 8, 2005

Qualified Immunity does not Shield Individual Defendants from Deposition Even if the Individual Defendants do not have absolute legislative immunity, they next contend that they have qualified immunity. … Government officials performing discretionary functions receive qualified immunity — ie., are shielded from liability for civil damages — so long as their conduct does not violate clearly established statutory or constitutional

Grimes v. Stringer

957 S.W.2d 865 · Texas Court of Appeals, 12th District (Tyler) · Dec 31, 1997

though the plaintiff may *868 abandon his cause of action or fail to establish it. … We hold that GSISD’s “counterclaim” merely restated its defenses and did not qualify as a claim for affirmative relief independent of Grimes’ claims.

Two Thirty Nine Joint Venture v. Joe

60 S.W.3d 896 · Texas Court of Appeals, 5th District (Dallas) · Nov 20, 2001

In this case, Joe's defense of immunity inures to the benefit of J & G as well. [21] To take advantage of Joe's immunity, J & G must have established that each act of which 239 JV complains falls within either his qualified … judgment. [5] Joe's motion does not clearly identify absolute legislative immunity as a ground of his motion.

the City of Colorado City, Texas, a Municipal Corporation v. Connie Ponko

216 S.W.3d 924 · Texas Court of Appeals, 11th District (Eastland) · Mar 8, 2007

Sovereign immunity is waived only when the legislature has clearly and unambiguously expressed that intent. See TEX. GOV’T CODE ANN. § 311.034 (Vernon 2005). … with Section 554.006 is a requisite to establishing jurisdiction).

City of Beaumont and Kenneth R. Williams v. Caleb Fenter

Texas Court of Appeals, 9th District (Beaumont) · Dec 21, 2023

They also argued that meeting the definition of 143.005(b) is not enough to qualify as a fire fighter. … . § 143.021(a) (“The municipality’s governing body shall establish the classifications by ordinance.”).

Texas State University and Texas State University System v. Stuart Patrick Wilkinson

Texas Court of Appeals, 15th District · May 27, 2025

Clearly Established Right discretionary functions have qualified immunity Our first inquiry is whether the law was from liability for actions that do not violate clearly clearly established in 2000 that transferring … `Clearly established' for purposes of 180.

Texas A&M University, Mark Hussey, Ph.D. in His Official Capacity as Interim President of Texas A&M and David Vaught, Ph.D., Individually and in His Official Capacity as Department Head of Department History v. Ernest Starks, Ph.D.

500 S.W.3d 560 · Texas Court of Appeals, 10th District (Waco) · Jul 27, 2016

Vaught next argues that the trial court erred in denying his motion for summary judgment because he conclusively established that he was entitled to official immunity. … Therefore, it is this conduct, the conduct that is alleged in Starks’s free-speech retaliation claim, for which Vaught seeks to establish official immunity and for which he must therefore establish constitutes discretionary

V.E. Joahanne Thomas-Smith v. James E. MacKin

Texas Court of Appeals, 14th District (Houston) · Sep 27, 2007

However, we can find no authority suggesting that the definition of good faith for official immunity also applies to the defense of qualified privilege. … Therefore, the failure to submit a question on the defense of qualified privilege cannot be affirmed on the lack of evidence, if any, of good faith as it would apply to official immunity.

Texas Department of Transportation v. Glenda Reid

Texas Court of Appeals, 5th District (Dallas) · Aug 22, 2019

Likewise, whether undisputed evidence of jurisdictional facts establishes a trial court’s jurisdiction is also a question of law. Id. … Sovereign immunity protects The State of Texas and its agencies, such as TxDOT, from lawsuits for damages unless immunity has been waived. Texas Dept. of Transp. v. York, 284 S.W.3d 844, 846 (Tex. 2009) (per curiam).

Northwest Independent School District v. Carroll Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 16, 2012

; the DJA is “merely a procedural device for deciding cases already within a court’s jurisdiction.” [16] Thus, governmental immunity will bar a declaratory judgment action if the action has the “effect of establishing a right … The voters seeking to establish the new district clearly intended to and did incorporate the territory that had been in the consolidated school districts, no more and no less.

City of Dallas v. Evelyn McKeller

Texas Court of Appeals, 5th District (Dallas) · Mar 7, 2024

Second, the City argued McKeller could not establish a waiver of immunity for her negligence claim. … Cities retain immunity unless the Legislature clearly and unambiguously waives it. Id.

Northwest Independent School District v. Carroll Independent School District

Texas Court of Appeals, 2nd District (Fort Worth) · Feb 16, 2012

A majority of qualified voters in those districts voted in favor of consolidation. … The voters seeking to establish the new district clearly intended to and did incorporate the territory that had been in the consolidated school districts, no more and no less.

Cook Children's Health Care System and S.W. and J.W., Individually and on Behalf of Their Minor Child, J.W. v. Nocona General Hospital

Texas Court of Appeals, 2nd District (Fort Worth) · Apr 5, 2018

The Law Concerning Waiver of Immunity Under Section 271.152 Local government code section 271.152 creates a waiver of governmental immunity from suit for certain breach-of-contract claims brought against qualifying … —Dallas 2009, pet. denied) (holding plaintiffs met their burden with respect to establishing requisites of a section 271.152 waiver of immunity for a governmental entity in a breach-of-contract suit).

Texas v. Ysleta Del Sur Pueblo

220 F. Supp. 2d 668 · District Court, W.D. Texas · Jun 24, 2002

Law 280 and the ICRA fails since Congress clearly intended to abrogate the Tribe’s immunity for purposes of prohibiting gambling. … The evidence in this case has established, and the court so finds, that the Defendants in this case have embarked upon a long-continued habitual course of conduct clearly violative of the Gambling-Laws of the State of Texas

State of Texas v. Alexandra Alvarez, Joshua LaFountain, and Dr. Christine Ellis, D.D.S.

Texas Court of Appeals, 15th District · Apr 7, 2026

In the State’s prior appeal challenging the denial of its plea to the jurisdiction, the State argued that there was no showing that “the TMFPA clearly and unambiguously waives sovereign immunity to permit their claims against … Kitsap Physicians Servs., 163 F.3d 516, 525 (9th Cir. 1999) (explaining that “firsthand knowledge” is needed to establish direct knowledge).

Augustin Rivera, Jr., Teresa Ereon Giltner, Harold Odom, Barbara Ellis, Anna M. McKim, Cynthia Eva Hujar Orr, C. Alfred MacKenzie, Dwaine M. Massey, and Carlos R. Soltero, in Their Official Capacities as Members of the Texas Board of Law Examiners v. Deborah Sonnenschein

Texas Court of Appeals, 15th District · Jan 23, 2025

The Third Court of Appeals reversed and dismissed all her claims with prejudice except for the two equal protection claims, holding them insufficient to establish a waiver of immunity as pleaded but allowing her a chance … That individual graduates are qualified to sit for a bar exam is not the same as finding a law school qualified for accreditation. See CAL.