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Texas Court of Appeals, 4th District (San Antonio) · Jul 16, 2025
We review rulings on governmental immunity de novo. Miranda, 133 S.W.3d at 228. There is “a presumption against any waiver until the plaintiff establishes otherwise.” Rattray v. … Waiver can be established “only by showing that the statute ‘clearly and affirmatively waive[s] immunity’ and by also ‘negating any provisions that create exceptions to, and thus withdraw, that waiver.’”
Cited 0 timesPublished467 F. Supp. 1361 · District Court, S.D. Texas · Feb 5, 1979
Under the first branch, the qualified immunity defense is not available to officials if: one, the constitutional right allegedly violated was clearly established at the time of the officials’ challenged acts; two, the officials … Assuming for the moment that the above conclusion had not been made, the Defendants would still not be able to assert the qualified immunity defense established by the previously mentioned cases.
Cited 11 timesPublishedBrenham Housing Authority v. Davies
158 S.W.3d 53 · Texas Court of Appeals, 14th District (Houston) · Mar 24, 2005
Had the legislature intended to qualify Section 101.022(a) to a payment for use of temporary duration, it could have done so. … Accordingly, we sustain BHA’s first issue, and find that Davies’s pleadings fail to establish that BHA’s immunity is waived with respect to Davies’s premises defect claim. 4 C.
Disapproved on other grounds by Rusk State Hospital v. Black, 55 Tex. Sup. Ct. J. 1320 (2012)Cited 73 timesPublishedTexas Attorney General Reports · Dec 23, 1985
by clearly established law. . . ." 457 U.S. at 818 . … The Texas courts have adhered to the long-established Texas common law test for qualified official immunity and have not adopted or been influenced by recent developments in the federal common law test.
Cited 0 timesPublishedTexas Court of Appeals, 3rd District (Austin) · May 4, 2012
City of Dallas , 197 S.W.3d 371, 374 (Tex. 2006) (explaining that political subdivisions of State, including cities, are entitled to immunity similar to sovereign immunity that is called governmental immunity). … In Reconveyance , the supreme court also expounded upon what qualifies as an ultra vires suit.
Cited 0 timesPublishedSmith v. Equifax Information Services, LLC
522 F. Supp. 2d 822 · District Court, E.D. Texas · Nov 15, 2007
Defendant further argues that “Plaintiffs request for injunctive relief is an attempt to circumvent [the] qualified immunity [provided to consumer reporting agencies under § 1681h(e)] and impose obligations on CSC beyond … Plaintiff claims that defendant is not provided qualified immunity under § 1681h(e) since only disclosures under §§ 1681g, 1681h, and 1681m are protected under this provision. Id. at 10-15.
Cited 1 timesPublishedMichael A. McCann v. Sondra Moreno and Vicky Crumbliss
Texas Court of Appeals, 13th District · Jul 21, 2016
Appellees moved for summary judgment on grounds of qualified immunity, Eleventh Amendment immunity, sovereign immunity, and official immunity. … clearly established federal statutory or constitutional rights of which a reasonable person would have known.
Cited 0 timesPublished387 S.W.3d 692 · Court of Appeals of Texas · Jul 22, 2009
Although the State or other governmental unit bears the burden of conclusively establishing that its immunity has not been waived, “we protect the plaintiffs from having to ‘put on their case simply to establish jurisdiction … Rather, even if a waiver of immunity is established under section 101.021, a governmental unit may nonetheless retain its immunity if it meets the requisites of section 101.055 or section 101.062. See Gipson v.
Cited 27 timesPublishedZaragoza v. City of San Antonio, Tex.
464 F. Supp. 1163 · District Court, W.D. Texas · Jan 15, 1979
The immunity in either case should be the same — the qualified good-faith and reasonable-belief immunity recognized in Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974). … “We therefore hold that, in a suit for damages arising from unconstitutional action, federal executive officials exercising discretion are entitled only to the qualified immunity specified in Scheuer , subject to those exceptional
Cited 3 timesPublishedTexas Court of Appeals, 3rd District (Austin) · Jul 11, 2013
The local governmental entities asserted governmental immunity with respect to the state claims, and Bieber, the Chief Appraiser for JCAD, asserted official and qualified immunity from appellants’ claims. … Id. at 371. 6 individual capacity also may assert official or qualified immunity.
Cited 0 timesPublished988 S.W.2d 854 · Texas Court of Appeals, 12th District (Tyler) · Apr 13, 1999
Davises’ claims; 5) the Davises complain of an Act of God; 6) qualified immunity of City officials preserve the City’s sovereign immunity; 7) the statute of limitations and statutory notice provisions bar the Davises’ claims … The question, then, is whether mental anguish caused by damage to one’s property qualifies as “personal injury” under the Act. The Texas Supreme Court has specifically ruled to the contrary. In City of Tyler v.
Cited 12 timesPublished12 F. Supp. 2d 591 · District Court, N.D. Texas · Aug 28, 1998
Officials may qualify for this conditional immunity from liability by showing that the circumstances involved a right of the citizen that was not clearly established and that their actions were objectively reasonable in light … of standards that were clearly established.
Cited 0 timesPublished845 S.W.2d 452 · Court of Appeals of Texas · Jan 12, 1993
Prac. & Rem.Code Ann. § 51.014 (Vernon Supp.1993), to challenge the trial court’s denial of summary judgment. 2 Edgar argues that he was entitled to summary judgment because of qualified immunity. … Edgar contends that Plummer's crossing the shoulder line violated Tex.Rev.Civ.Stat.Ann. art. 6701d, § 60 (Vernon 1977): Whenever any roadway has been divided into two (2) or more clearly marked lanes for traffic the following
Cited 18 timesPublishedGarcia v. Texas State Board of Medical Examiners
384 F. Supp. 434 · District Court, W.D. Texas · Oct 21, 1974
It can be done only by a duly qualified human being, and to qualify something more than mere knowledge or skill is essential . No corporation can qualify.” … The Texas statutes clearly have a rational basis to justify the restrictions imposed.
Cited 25 timesPublishedSandra Greene// City of Austin v. City of Austin// Cross-Appellee, Sandra Greene
Texas Court of Appeals, 3rd District (Austin) · Jul 17, 2025
By cross-appeal, the City asserted that Greene’s retaliation claim was barred by sovereign immunity because she failed to establish that she suffered a materially adverse employment action, an element of a retaliation claim … Because we conclude that Greene failed to establish an element of her retaliation claim, and therefore, the City’s sovereign immunity was not waived by the TCHRA, we reverse the trial court’s judgment and dismiss Greene
Cited 0 timesPublishedMichael 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.
Cited 0 timesPublishedTexas Animal Health Commission v. Garza
27 S.W.3d 54 · Texas Court of Appeals, 4th District (San Antonio) · Aug 14, 2000
immunity. … With respect to the waiver of governmental immunity, waiver or the consent to sue must be given clearly and unambiguously. Id. at 742 ; City of LaPorte v. Barfield, 898 S.W.2d 288, 291 (Tex.1995). In Fernandez v.
Cited 28 timesPublished298 F. Supp. 3d 933 · District Court, W.D. Texas · Jan 11, 2018
By his Motion, Officer Escajeda alleges that the complaint fails to overcome his qualified immunity. Escajeda Mot. at 9. … Qualified immunity will not protect officers who apply excessive and unreasonable force merely because their means of applying it are novel." Id. at 763-64 .
Cited 4 timesPublishedBates v. University of Texas Medical Branch
425 F. Supp. 2d 826 · District Court, S.D. Texas · Dec 18, 2003
Defendant Clements moves for summary judgment based on qualified and official immunity. The existence of qualified immunity presents a question of law. Siegert v. … If so, “the next, sequential step is to ask whether the right was clearly established.” Id.
Cited 10 timesPublishedTexas Court of Appeals, 11th District (Eastland) · May 12, 2022
TTUHSC contends that the trial court lacks subject-matter jurisdiction because Appellants’ pleadings fail to establish that TTUHSC, as a governmental unit, waived its sovereign immunity under the TTCA. See CIV. … Appellants do not defend the adequacy of their pleadings to establish a waiver of sovereign immunity under the TTCA.
Cited 0 timesPublished
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