Case law

O'QUINN v. Chambers County, Tex.

636 F. Supp. 1388 · District Court, S.D. Texas · Jun 4, 1986

Qualified Immunity Defendant Morris asserts qualified immunity pursuant to Harlow v. Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982). … Plaintiffs claims of retaliation and intimidation under § 1983 and § 1985 state violations of clearly established law; therefore, defendant Morris is not immune from suit. V.

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).

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.

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).

Michael Graham v. Rosban Construction, Inc. and Jack R. Bandy

Texas Court of Appeals, 3rd District (Austin) · Oct 14, 2009

Summary judgment based on an affirmative defense, such as qualified immunity, is proper if the movant establishes all of the elements of the defense as a matter of law. Montgomery v. … When a defendant seeks summary judgment based on qualified privilege, it is the defendant’s burden to conclusively establish that his allegedly defamatory statement was made with an absence of actual malice.

Arbor E & T Llc., D/B/A Rescare Workforce Services v. Lower Rio Grande Valley Workforce Development Board Inc. D/B/A Workforce Solutions

476 S.W.3d 25 · Texas Court of Appeals, 13th District · Dec 5, 2013

Section 271.152 of the Texas Local Government Code waives qualifying local governmental entities’ immunity from suit for certain breach of contract claims as follows: A local governmental entity that is authorized … As in Ben Bolt–Palito Blanco Consolidated Independent School District, Workforce Solutions argues that section 271.152 does not clearly and unambiguously waive its immunity from suit because it does not meet section 271.151

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.

City of Houston, Texas v. Chelsea Manning, Individually and as Next Friend of T.N., Aaliyah Mitchell, and Cierra Williams

Texas Supreme Court · May 23, 2025

App.— Waco Sept. 30, 2020, no pet.). 7 The statute does list some wrongful acts and omissions that do not qualify, many of which involve intentional torts. See TEX. CIV. PRAC. & REM. … Perry, 973 S.W.2d at 306.9 In other words, negligence per se is generally “a species of negligence, in which the breach of duty element is established by showing the violation of a statute or regulation.”

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).

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).

Todd v. Hawk

861 F. Supp. 35 · District Court, N.D. Texas · Aug 19, 1994

Further, discovery cannot proceed until the Court has determined that the defense of qualified immunity will not be granted. … immunity.

Clawson v. Wharton County

941 S.W.2d 267 · Texas Court of Appeals, 13th District · Jan 16, 1997

In the Clawson suit, the defendants moved for summary judgment by asserting absolute prosecutorial immunity, qualified “good faith” immunity, and sovereign immunity. … In the subsequent Chambers suit, defendants also asserted absolute immunity, sovereign immunity, and no constitutional cause of action, but abandoned the qualified immunity defense.

Dallas/Fort Worth International Airport Board v. Funderburk

188 S.W.3d 233 · Court of Appeals of Texas · Jan 26, 2006

Thus, the law is settled that the TCHRA clearly and unambiguously waives governmental immunity for the governmental entities that are statutorily defined as employers. … The DFW Board appears to argue that the TCHRA must clearly and unambiguously waive governmental immunity specifically as to it. We cannot agree with this contention.

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.

Harris County Texas v. Kassandra Deary

Texas Court of Appeals, 1st District (Houston) · Jan 23, 2024

Under Texas law, governmental units, including counties, are generally entitled to governmental immunity from suit and liability unless the state legislature has clearly and unambiguously waived immunity. … Nowhere else did the County address immunity regarding Deary’s Section 1983 claims. Federal law clearly establishes that Harris County does not have immunity under Section 1983.

Alamo Community College District v. Obayashi Corp.

980 S.W.2d 745 · Texas Court of Appeals, 4th District (San Antonio) · Aug 31, 1998

But a waiver need not be specific to a particular entity to be “clear and unambiguous,” as evidenced by section 11.151(a), which clearly and unambiguously waives immunity for all independent school districts. … Specifically, we hold ACCD’s waiver of sovereign immunity from suit is established by ACCD’s conduct in instructing Oba-yashi to exclude the costs associated with the underground utility lines from its bid, establishing a

Taylor v. Federal Home Loan Bank Board

661 F. Supp. 1341 · District Court, N.D. Texas · Nov 19, 1986

Further, plaintiffs must show in their pleading that the defendants violated rights of the plaintiffs that were clearly established at time of the conduct at issue. Davis v. … A plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct

Hernandez v. City of El Paso

662 F. Supp. 2d 596 · District Court, W.D. Texas · Jul 9, 2009

However, qualified immunity shields state actors performing discretionary functions from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have … When public officials, as here, plead the affirmative defense of qualified immunity, it is the plaintiffs burden to overcome the defense by establishing that the officials’ alleged conduct violated clearly established law

Christian v. City of Dallas

64 F. Supp. 2d 617 · District Court, N.D. Texas · Sep 22, 1999

Chief Bennie Click is entitled to summary judgment on the claims against him on the basis of qualified immunity. Defendants also argue the Chief Bennie Click is entitled to qualified immunity from Plaintiffs claims. … The question of whether an official is entitled to qualified immunity depends on whether the plaintiff has alleged a violation of clearly established constitutional rights and whether the official’s conduct was objectively

City of Baytown v. Peoples

9 S.W.3d 391 · Texas Court of Appeals, 14th District (Houston) · Dec 9, 1999

Thus, under section 101.060, liability clearly is based on premises defects. … The terms "official immunity” and "qualified immunity”, refer to the same type of immunity, and, therefore, are used interchangeably.