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  • Simmang v. Texas Board of Law Examiners

    346 F. Supp. 2d 874 · District Court, W.D. Texas · Sep 15, 2004

    Absent clear and unambiguous statutory language establishing a waiver of immunity, sovereign immunity protects the state, its agencies and officials from suit in state, court. See City of Mexia v. … In official-capacity suits, such as this one, the defenses of absolute (official) immunity and qualified immunity are unavailable. Kentucky v. Graham, 473 U.S. 159 , . 105 S.Ct. 3099, 3105-06 , 87 L.Ed.2d 114 (1985).

    Cited 8 timesPublished
  • McDonald v. Denton

    63 Tex. Civ. App. 421 · Court of Appeals of Texas · Dec 21, 1910

    shall have the right to continually commit certain crimes and continually obtain immunity from punishment. … Clearly, they are legalized within the 'limits denominated the “Reservation,” the very name of which indicates a setting apart for particular purposes.

    Cited 29 timesPublished
  • Staten v. Adams

    939 F. Supp. 2d 715 · District Court, S.D. Texas · Apr 8, 2013

    Accordingly, defendants Hawkins and Oliver are entitled to qualified immunity. … Adams, therefore, is also entitled to qualified immunity on such claim.

    Cited 5 timesPublished
  • Randal Law v. Texas Department of Insurance – Division of Workers' Compensation Subsequent Injury Fund, Jeff Nelson, Kara MacE, and Blaise Gerstenlauer

    Texas Court of Appeals, 15th District · Apr 18, 2025

    Clearly the Appellees should continue to use their CLEAR program. … Labor Code §408. 162 applies when an injury combines with a subsequent injury to qualify an injured employee for LIBs.

    Cited 0 timesPublished
  • 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.

    Cited 48 timesPublished
  • Max Grossman/City of El Paso v. City of El Paso/Max Grossman

    Texas Court of Appeals, 8th District (El Paso) · Nov 10, 2021

    City of Mexia, 197 S.W.3d 325, 331 (Tex. 2006) (governmental immunity is “an established principle of jurisprudence in all civilized nations”) quoting Beers v. … The court reached this conclusion, reasoning the section 442.012 did not clearly and unambiguously waive immunity. Like our statute, section 442.012 does not expressly mention suing a government entity.

    Cited 0 timesPublished
  • East Houston Estate Apartments, L.L.C. v. the City of Houston

    Texas Court of Appeals, 1st District (Houston) · Jun 25, 2009

    This is clearly not the type of "service" envisioned by section 271.152. … Section 271.152 is clearly limited as to which contracts fall under the waiver of immunity from suit. See Tex. Loc.

    Cited 0 timesPublished
  • University of the Incarnate Word v. Redus

    474 S.W.3d 816 · Court of Appeals of Texas · Aug 26, 2015

    This judicial admission establishes UIW was not created or established by Texas law, but instead originated and maintains the status of a .charitable, private institution run by a Catholic order of nuns.:,. . … However, this limited delegation of authority does not qualify UIW as a governmental unit.

    Cited 2 timesPublished
  • Stubbe v. Stubbe

    710 S.W.2d 673 · Court of Appeals of Texas · Apr 16, 1986

    Of course, under established principles of contract law, an obligation to pay “contractual alimony” cannot be modified or avoided on the ground that it has become more burdensome than anticipated. Mahrer v. … The court, in examining the congressional intent behind § 659(a), observed that “Section 659(a) clearly indicates the intent of Congress to make current wages (entitlement based upon remuneration of employment) subject to

    Cited 1 timesPublished
  • Gordon v. Scott

    6 S.W.3d 365 · Texas Court of Appeals, 9th District (Beaumont) · Jan 5, 2000

    West and Vela assert that, to the extent they are sued in their individual capacities, they are entitled to official or qualified immunity. … Qualified immunity describes an affirmative defense for governmental employees sued in their individual capacities. See Harrison, 915 S.W.2d at 888 .

    Cited 32 timesPublished
  • 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. 7 1997) (tort claims act does not apply to claim arising out of false imprisonment or other intentional

    Cited 0 timesPublished
  • Risk Management Strategies, Inc. v. Texas Workforce Commission Commissioner Andres Alcantar Commissioner Ronald G. Congleton And Commissioner Hope Andrade

    Texas Court of Appeals, 3rd District (Austin) · May 22, 2015

    The term “claim” is not defined in the Act, but the term “valid claim” is, and means “a claim filed by an unemployed individual who has received the wages necessary to qualify for benefits.” Id. … The other provisions within this chapter are also clearly concerned with the procedure for resolving disputes over claims for unemployment benefits.

    Cited 0 timesPublished
  • Kerrie Dietrich and Edgar Dietrich v. Christopher Chambers, II and Wife, Alysha Dawn O'Leary, Individually and as Next Friend of Their Minor Child, C. O.C.

    Texas Court of Appeals, 3rd District (Austin) · Oct 28, 2020

    The Dietrichs generally denied the allegations and asserted statutory immunity and qualified privilege as defenses to the claims against them. … the affirmative defenses of statutory immunity, qualified privilege, and truth or substantial truth.

    Cited 0 timesPublished
  • 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.

    Cited 0 timesPublished
  • Texas Department of Protective & Regulatory Services v. Mega Child Care, Inc.

    47 Tex. Sup. Ct. J. 1116 · Texas Supreme Court · Sep 3, 2004

    The TLCCA asserted that “[t]he plain words suggest that [section 2001.171 of the APA] does more than establish a procedure for judicial review; the section creates the right of judicial review for those who qualify.” 4 In … Our resolution of the sovereign immunity issue is consistent with precedent from courts of appeals concluding that judicial review provisions waive immunity. See Gruber v. Tex.

    Cited 525 timesPublished
  • Schauer v. Morgan

    175 S.W.3d 397 · Texas Court of Appeals, 1st District (Houston) · Sep 7, 2005

    The usual limits of the qualified immunity accorded governmental employees does not apply. … the employee in his official capacity—not as barring liability claims made against him in his individual capacity, unless he establishes a qualified official immunity defense.

    Cited 11 timesPublished
  • Jones v. Performance Service Integrity

    492 F. Supp. 2d 590 · District Court, N.D. Texas · Jun 21, 2007

    Abuse of Qualified Privileges Plaintiffs fourth count is styled “abuse of qualified privileges.” … Accordingly, Jones has failed to establish a prima facie case for unlawful retaliation. Count five of Jones’s Complaint must be dismissed. 5.

    Cited 2 timesPublished
  • Kenneth Mark Dorrough v. John Murray Faircloth and Helen Bowen

    443 S.W.3d 278 · Texas Court of Appeals, 4th District (San Antonio) · Jul 30, 2014

    Elements of Official Immunity Official immunity, sometimes called qualified immunity, is an affirmative defense. … Kilburn, 849 S.W.2d 810, 812 n.1 (Tex. 1993) (noting that qualified immunity and official immunity are terms that are often used interchangeably).

    Cited 6 timesPublished
  • City of El Paso, Mayor Oscar Leeser, City Representatives Emma Acosta, Carl L. Robinson, Michiel R. Noe, Courtney C. Niland, Ann Morgan Lilly, Larry Romero, Claudia Ordaz and Lily Limon v. Waterblasting Technologies, Inc. and Thomas G. Wicker, Jr.

    491 S.W.3d 890 · Texas Court of Appeals, 8th District (El Paso) · Apr 13, 2016

    standing; it is not necessary to establish an interest peculiar to the plaintiff.” … to “establish a contract’s validity, to enforce performance under a contract, or to impose contractual liabilities are suits against the State,” and thereby invoke the principles of sovereign immunity.

    Cited 24 timesPublished
  • Christopher Daniel Duntsch v. State

    568 S.W.3d 193 · Texas Court of Appeals, 5th District (Dallas) · Dec 10, 2018

    To be sure, courts have undeniably struck out on their own to fashion qualified immunities in a variety of inherent high-risk settings. E.g., Spalding v. Vilas, 161 U.S. 483 (1896); Barr v. … Schwartz, The Case Against Qualified Immunity, 93 NOTRE DAME L. REV. 1797, 1800 (2018).

    Cited 21 timesPublished

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