Case law

in Re Academy, Ltd. D/B/A Academy Sports + Outdoors

Texas Supreme Court · Jun 25, 2021

from civil or criminal liability” to “shall be immune from suit” to “shall be immune from suit and liability” to “shall be immune from civil and criminal process” to “shall be immune from any civil action.” … The PLCAA thus “immunizes a specific type of defendant from a specific type of suit” and “bars the commencement or the prosecution of qualified civil liability actions.”

Davis v. City of Palestine

988 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.

Steven J. Stringfellow v. Texas Comptroller Judiciary Section

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

Table of Contents.......................p.1 Relief Was Indeed Established (p.6) 2. … Sovereign caveat was shown to be within the Appellant by exhibit P.3, and with sovereign immunity being waived due to the statutory language of the law clearly defaulting toward civil sovereign immunity versus government

Manley v. Texas Southern University

107 F. Supp. 3d 712 · District Court, S.D. Texas · May 12, 2015

Mar. 11, 1996) (unpublished), the court held that “to establish a claim under Title IX, the plaintiff must establish that an educational institution receiving federal assistance intentionally discriminated on the basis of … Its “sole purpose” is to “declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither

Johnson v. Sandel

920 S.W.2d 751 · Court of Appeals of Texas · Feb 9, 1996

The trial court’s order protects the defendants from answering discovery “pending the resolution of the threshold issue of the defendants’ qualified immunity.” … The trial court clearly abused its discretion when it denied discovery on immunity, the dispositive issue, and the relator has no remedy by appeal. COHEN and WILSON, JJ., also participating.

A.W. v. Humble Independent School District

25 F. Supp. 3d 973 · District Court, S.D. Texas · Jun 11, 2014

The qualified immunity analysis involves a two-step inquiry: (1) whether the plaintiff has alleged a violation of a constitutional right; and (2) whether that right was clearly established at the time of the alleged misconduct … Once a defendant asserts qualified immunity the burden shifts to the plaintiffs to bear the burden of negating the qualified immunity defense. See Newman, 703 F.3d at 761 . See also Schultea v.

Kevin M. Pritts v. City of Round Rock, Round Rock Police Department, and Jeffrey Floyd

Texas Court of Appeals, 3rd District (Austin) · Mar 25, 2004

An officer is shielded by immunity if a reasonable officer could have believed the act was lawful, in light of clearly established law and the information the officer possessed. Id. at 641; see Hunter v. … As discussed above, Floyd established his right to qualified immunity.

City of Coppell v. Waltman

997 S.W.2d 633 · Texas Court of Appeals, 5th District (Dallas) · Dec 16, 1998

In three points of error, Offi *635 cer Kubicek and the City contend the trial court erred in holding that they were not entitled to summary judgment on the basis of qualified immunity and in overruling their objections to … Therefore, a city may rely on section 51.014(a)(5) to appeal the denial of summary judgment based on sovereign immunity through its employees’ qualified or official immunity. City of Beverly Hills v.

City of Emory v. Lusk

278 S.W.3d 77 · Texas Court of Appeals, 12th District (Tyler) · Jan 30, 2009

Governmental Immunity In Texas, governmental immunity has two components: immunity from liability, which bars enforcement of a judgment against a governmental entity, and immunity from suit, which bars suit against the entity … Further, the legislature has established governmental functions for which a municipality enjoys immunity unless immunity has been waived under the Texas Tort Claims Act. See Tex. Civ.

The State of Texas and Kyle Madsen in His Official Capacity as Director of Right of Way v. Jrj Pusok Holdings, LLC

Texas Supreme Court · Jun 12, 2026

See, e.g., Tooke, 197 S.W.3d at 331 (describing sovereign immunity as “ ‘an established principle of jurisprudence in all civilized nations’ [that] required no justification” when this Court first acknowledged it (quoting … That “sovereign immunity does not apply in eminent-domain proceedings” is well established. Hidalgo County Water Improvement Dist. No. 3 v. Hidalgo County Irrigation Dist. No. 1, 669 S.W.3d 178, 188 (Tex. 2023).

El Paso Community College v. Antonio Lawler

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.

Kacher v. Houston Community College System

974 F. Supp. 615 · District Court, S.D. Texas · Apr 29, 1997

In examining an official’s claim of qualified immunity, courts follow a two-step process. The first step is to ascertain whether the plaintiff alleges “the violation of a clearly established constitutional right.” … Whether the conduct of which the plaintiff complains violated clearly established law, so as to preclude the application of qualified immunity, is essentially a legal question. See White v.

Haydon Building Corporation v. Jacie Lynn Green

Texas Court of Appeals, 8th District (El Paso) · Jul 31, 2024

—San Antonio 2022, pet. denied) (describing that § 97.002 “creates immunity for qualifying contractors based on the nature of the legal injury or damage rather than the type of cause of action or claim.”). … ANALYSIS In its sole issue, Haydon Building argues it conclusively established its entitlement to § 97.002 immunity.

First-Citizens Bank & Trust Co. v. Greater Austin Area Telecommunications Network

318 S.W.3d 560 · Texas Court of Appeals, 3rd District (Austin) · Aug 6, 2010

Supporters of the bill asserted that, because of the threat of sovereign immunity, many highly qualified contractors considered bidding on local government contracts too risky, leading many contractors, especially small businesses … Such language establishes an assignment here.

Human Services of Southeast Texas, Inc. v. Cassandra Goffney

Texas Court of Appeals, 9th District (Beaumont) · Sep 27, 2018

Hoover asserted the most qualified candidate for the job was hired. … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (“Garcia I”) (holding “the TCHRA clearly and unambiguously waives immunity”).

Texas Youth Commission v. Ryan

889 S.W.2d 340 · Court of Appeals of Texas · Jul 21, 1994

And unlike information and ideas, automotive vehicles are clearly tangible personal property subject to negligent operation and misuse by governmental employees. … We further hold that even if these forms qualified under the act, their use was not the proximate cause of appellee’s injuries.

GoDaddy.com, LLC v. Hollie Toups

429 S.W.3d 752 · Texas Court of Appeals, 9th District (Beaumont) · Apr 10, 2014

Plaintiffs argue that GoDaddy is not entitled to immunity because section 230 does not preempt state law intentional torts, and because the immunity provision in section 230 only applies if the website content qualifies … La., 732 F.3d 469, 478 (5th Cir. 2013) (“Clearly, if a complaint as amended is subject to dismissal, leave to amend need not be given.”) (internal quotation marks omitted).

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

Texas Court of Appeals, 15th District · Jul 2, 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).

Charles Manbeck v. Austin Independent School District

381 S.W.3d 528 · Texas Supreme Court · Aug 31, 2012

The Political Subdivisions Law, however, is qualified. … As compelled by Norman, the current Political Subdivisions Law does not clearly and unambiguously waive governmental immunity against Manbeck’s claim for attorney fees.

Untitled Texas Attorney General Opinion

Texas Attorney General Reports · Jul 2, 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 :Eederalcommon law test.