Case law
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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 timesPublished274 S.W.3d 5 · Texas Court of Appeals, 14th District (Houston) · Nov 20, 2008
The majority opinion concludes that (1) Green had the burden of establishing his affirmative defense of official immunity, (2) the facts necessary to establish official immunity were disputed, and (8) the trier of fact resolved … "Thus qualified immunity protects all but the plainly incompetent or those who knowingly violate the law.” Chambers, 883 S.W.2d at 656 . .
Cited 52 timesPublishedMosley v. Houston Community College System
951 F. Supp. 1279 · District Court, S.D. Texas · Apr 18, 1996
Even if an official’s conduct violated a clearly established constitutional right, he or she is entitled to qualified immunity if the conduct was objectively reasonable. … Whether such conduct violated clearly established law, so as to preclude the application of qualified immunity, is essentially a legal question. White v. Taylor, 959 F.2d 539, 544 (5th Cir.1992) (citing Mitchell v.
Cited 7 timesPublishedthe City of Houston v. Sharon King, Carl Hughes
Texas Court of Appeals, 1st District (Houston) · May 23, 2002
Official Immunity Claims Official or qualified immunity protects governmental employees in their individual capacity, whereas sovereign immunity protects governmental entities from liability. DeWitt v. … Because the official immunity of the individual officer was not established, the City was not entitled to derivative immunity.
Cited 0 timesPublished491 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 timesPublishedCity of El Paso v. W.E.B. Investments
950 S.W.2d 166 · Texas Court of Appeals, 8th District (El Paso) · Aug 13, 1997
The City claims that it established, as a matter of law, its affirmative defense of sovereign immunity and that the trial court erred in not granting its motion for directed verdict and its motion for judgment n.o.v. … Qualified Immunity Based on Discretionary Acts of Employees Next, the City argues that any negligence arose from discretionary acts of City employees deciding to demolish, and formulating the order directing demolition of
Cited 31 timesPublishedthe City of Fort Worth v. Janet Anne Lane
Texas Court of Appeals, 2nd District (Fort Worth) · Dec 22, 2011
In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. … hold that Lane established a waiver of immunity under the Whistleblower Act, we affirm the trial court’s order.
Cited 0 timesPublishedWatkins v. Southcrest Baptist Church
9 Tex. Sup. Ct. J. 176 · Texas Supreme Court · Jan 5, 1966
The law of charitable immunity in Texas generally was set forth in the Clayton opinion as follows: “It seems definitely established in this state that a charity corporation is liable to an employee for injuries proximately … This was a case of a failure to select one properly qualified to perform the service of dispensing drugs.
Abrogated by Howle v. Camp Amon Carter, 14 Tex. Sup. Ct. J. 445 (1971)Cited 27 timesPublished21 Tex. Sup. Ct. J. 205 · Texas Supreme Court · Feb 15, 1978
Section 21.912(b) grants qualified immunity to professional school employees for acts done within the scope of their employment involving judgment or discretion. … Particularly, we are called upon to interpret the last clause of subdivision (b), the terms of which qualify the immunity by stating that there will be no personal liability “except in circumstances where professional employees
Cited 221 timesPublishedthe Gulf Coast Center v. Daniel Curry, Jr.
Texas Court of Appeals, 1st District (Houston) · Feb 6, 2020
Applicable law and standard of review Under the common law, immunity from liability and immunity from suit are discrete aspects of governmental immunity. Rusk State Hosp. v. … The TTCA provides a limited waiver of governmental immunity—either immunity from suit or immunity from liability—under specified circumstances.
Cited 0 timesPublished897 S.W.2d 843 · Texas Court of Appeals, 4th District (San Antonio) · Feb 15, 1995
Leeper is unclear as to whether the Declaratory Judgments Act waives immunity for governmental officials. … However, we do not need to reach a determination on the applica *848 bility of Leeper , because individual governmental officials enjoy a qualified common-law immunity from personal liability when performing discretionary
Cited 8 timesPublishedK.U. Ex Rel. Michael U. v. Alvin Independent School District
991 F. Supp. 599 · District Court, S.D. Texas · Jan 6, 1998
Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have … As discussed previously, Plaintiff has failed to establish the violation of a clearly established right. Therefore, Tiemann is entitled to qualified immunity in his individual capacity for claims under section 1983.
Cited 6 timesPublishedGallegos, Enrique L. v. Escalon, Lily G. and David Rodriguez
Texas Court of Appeals, 13th District · May 6, 1999
In determining whether the school board proceeding at which Gallegos made his statement qualifies as quasi-judicial, we consider which powers outlined in Jacobs the school board exercised. … Second, in exercising its authority to govern, the school board clearly possess the power to "hear evidence and ascertain facts," that is, to investigate, in order to guide its actions.
Cited 0 timesPublishedthe City of Fort Worth v. Janet Anne Lane
Texas Court of Appeals, 2nd District (Fort Worth) · Dec 22, 2011
In one issue, Fort Worth argues that Lane did not establish a waiver of immunity under the Texas Whistleblower Act because she did not make a good faith report of a violation of law. … Because we hold that Lane established a waiver of immunity under the Whistleblower Act, we affirm the trial court’s order.
Cited 0 timesPublishedBaylor College of Medicine v. Hernandez
208 S.W.3d 4 · Texas Court of Appeals, 14th District (Houston) · Oct 26, 2006
though the employer may not qualify for official immunity. … "Official immunity,” "qualified immunity,” "quasi-judicial immunity,” "discretionary immunity,” and “good faith immunity” are all terms used interchangeably to refer to the same affirmative defense available to governmental
Cited 33 timesPublishedHurlbut v. Gulf Atlantic Life Insurance Co.
31 Tex. Sup. Ct. J. 144 · Texas Supreme Court · Dec 16, 1987
Privileges applicable to defamation are of two classes — absolute and conditional or qualified. See Restatement (Second) of Torts §§ 583-612 (1977). … Privileges of the second class, the conditional or qualified privilege, are true privileges because they arise out of the occasion upon which the false statement is published.
Cited 264 timesPublishedRoth v. Kiewit Offshore Services, Ltd.
625 F. Supp. 2d 376 · District Court, S.D. Texas · Dec 4, 2008
(establishing the FDIC); cf. Yearsley v. W.A. Ross Const. … Defendants clearly do not qualify as derivative sovereigns under either the Boyle or state sovereign immunity tests.
Cited 22 timesPublishedTexas Natural Resource Conservation Commission v. White
44 Tex. Sup. Ct. J. 667 · Texas Supreme Court · Apr 26, 2001
Considering the elastic definition of “equipment,” and the early stage of the proceeding, we conclude that White has alleged sufficient facts to establish that TNRCC’s pump was “motor-driven equipment” as that term is used … The Schaefer opinion is clearly limited to the type of pump at issue, the identity, location, and operation of which were fully factually developed. Id. at 689 .
Cited 408 timesPublishedthe City of Keller v. John W. Wilson, Grace S. Wilson, Johnny L. Wilson, and Nancy A. Wilson
Texas Court of Appeals, 2nd District (Fort Worth) · Mar 1, 2007
(footnote: 5) Clearly, the Legislature intended that the issues of governmental immunity and subject matter jurisdiction be finally resolved prior to trial. … even though the plaintiff may abandon his cause of action or fail to establish it.”). 42: See Dequire v.
Cited 0 timesPublished569 S.W.3d 247 · Texas Court of Appeals, 8th District (El Paso) · Nov 28, 2018
“An act is ministerial when the law clearly spells out the duty to be performed by the official with sufficient certainty that nothing is left to the exercise of discretion.” Anderson v. … But if both a qualified spouse and a qualified child survived the member, the spouse would receive a two-thirds pension payment and the qualified child or children would receive a one-third pension, totaling 100 percent
Cited 1 timesPublished
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