Case law

Texas Department of Human Services v. Ara Living Centers of Texas, Inc.

833 S.W.2d 689 · Court of Appeals of Texas · Aug 26, 1992

TDHS also asserts that ARA’s suit is barred by the doctrine of governmental immunity. 1. … Governmental Immunity TDHS also argues that ARA’s suit to obtain declaratory relief is barred by the doctrine of governmental immunity. This assertion is also without merit.

Humana Insurance Company v. Dolores Mueller

Texas Court of Appeals, 4th District (San Antonio) · Apr 28, 2015

Brown & Gay’s reliance on Filarsky’s qualified-immunity analysis is misplaced. … The federal doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Deyo ex rel. D.N. v. Tomball Independent School District

144 F. Supp. 3d 905 · District Court, S.D. Texas · Nov 11, 2015

immunity defense, the question before the court is whether the manner in which Hayes conducted this search was objectively unreasonable in light of clearly established precedent at the time of the search. … established” right and, at the very least, the Individual Defendants are entitled to qualified immunity on Plaintiffs Fourth Amendment claim.

Dwayne Louis Morning v. State

Texas Court of Appeals, 10th District (Waco) · Feb 11, 2009

“When it comes to defenses to liability, an official in a personal-capacity action may, depending on his position, be able to assert personal immunity defenses, such as” absolute or qualified official immunity. [2] Graham … Appellees’ petitions clearly specify that they bring claims against Appellants in Appellants’ individual capacities.

Ahmed Zidan v. Alexander Zidan F/K/A Mohammed Zidan

Texas Court of Appeals, 5th District (Dallas) · Nov 30, 2022

Communications in such proceedings are entitled to absolute immunity notwithstanding the actor’s motivation. … To the extent the majority has determined that the TREC communications constitute an unsolicited report to law enforcement or to a public officer that is only entitled to qualified immunity where motivation and malice

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.

City of Round Rock v. Whiteaker

241 S.W.3d 609 · Texas Court of Appeals, 3rd District (Austin) · Nov 16, 2007

Whiteaker clearly has standing to assert his claims. … has clearly and unambiguously stated otherwise”). 10 The supreme court has also stated that sovereign immunity protects the state and its subdivisions against suits seeking to “control state action.”

Petta v. Rivera

923 S.W.2d 678 · Texas Court of Appeals, 13th District · Jun 6, 1996

The court derived this test from federal immunity law and stated [W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed … The allegations and evidence thus presented clearly establish a cause of action separate and apart from a simple negligent infliction of emotional distress.

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).

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.

Richardson v. Oldham

811 F. Supp. 1186 · District Court, E.D. Texas · Dec 16, 1992

In order to satisfy the heightened pleading requirement and maintain a § 1983 action against an official who raises a qualified immunity defense, a complaint must allege with particularity all material facts establishing … Texas law clearly establishes that affidavits notarized by counsel are void in criminal cases. Drummond v. State, 675 S.W.2d 545, 546 (Tex.App.

the 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

municipality A leave[s] its sphere of immunity from suit for claims against it which are germane to, connected with and properly defensive to the claims the City asserts. @ [40] To qualify as a claim for affirmative relief … benefits, compensation or relief, even though the plaintiff may abandon his cause of action or fail to establish it. @ ). [42] See Dequire v.

Alief Independant School District (AISD) v. Raymond Brantley

558 S.W.3d 747 · Texas Court of Appeals, 14th District (Houston) · Aug 7, 2018

governmental immunity. … Garcia, 253 S.W.3d 653, 660 (Tex. 2008) (holding that “the [Act] clearly and unambiguously waives immunity”)).

Ware v. Miller

82 S.W.3d 795 · Texas Court of Appeals, 7th District (Amarillo) · Sep 5, 2002

It is well established that in an interlocutory appeal, we may only address those matters for which such an appeal is permitted by section 51.014. … Appellants argue that Miller has failed to identify any constitutional or statutory provision clearly waiving immunity in this case.

Flores v. Edinburg Consolidated Independent School District

554 F. Supp. 974 · District Court, S.D. Texas · Jan 7, 1983

QUALIFIED IMMUNITY DEFENSE Defendant Cantu contends that he, as a state official, is immune from liability for damages under § 1983. … As this Court interprets that defense, the Defendant is held to have lacked good faith when he deliberately engages in conduct that he knew or should have known would violate the Plaintiff’s clearly established constitutional

Junemann v. Harris County

84 S.W.3d 689 · Texas Court of Appeals, 1st District (Houston) · Sep 6, 2002

We hold that because Crouch’s actions qualify as use under the Tort Claims Act, Junemann’s pleadings properly raised waiver of immunity. Rushing, 7 S.W.3d at 915 . … Because Crouch did not establish entitlement to official immunity, and because he was using tangible property under the Tort Claims Act, we hold that Harris County has not established its entitlement to sovereign immunity

Joshua Luttrell, Andrew Davis, Moises Roman, Joe Rodriguez And on Behalf of All Other Persons Similarly Situated v. El Paso County

555 S.W.3d 812 · Texas Court of Appeals, 8th District (El Paso) · Jul 26, 2018

Under that Section, the presiding judge maintains a list of retired and former judges who meet certain requirements and therefore qualify for assignments. … Those judges clearly would have had judicial immunity for their actions in holding potential jurors in contempt, and by delegating that authority to Judge Woodard, Judge Woodard was, at the least, entitled to “derived”

In Re Arlington Independent School District, Codi Van Duzee, Carl Lewis, Julie Anderson, Dr. Greg Cartwright, and Dr. Michael Hill v. the State of Texas

Texas Court of Appeals, 2nd District (Fort Worth) · Dec 14, 2023

AISD and the District Employees further argued that statutory and qualified immunity barred the Williamses’ potential claims against the District Employees, that the Williamses’ potential claims could be brought only in … Ct. 2727, 2738 (1982) (holding that “government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory

Dallas County v. Logan, Roy

420 S.W.3d 412 · Texas Court of Appeals, 5th District (Dallas) · Jan 9, 2014

Like sovereign immunity, 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 … voters thereof one County Commissioner, who shall hold his office for four years and until his successor shall be elected and qualified.

Kimberly Somer, Cody Janssen, and Alline Henderson v. Oakbend Medical Center and Oakbend Medical Group

Texas Court of Appeals, 1st District (Houston) · Aug 26, 2025

(concluding that OakBend Medical Center qualifies as “governmental unit” under Tort Claims Act because its evidence established “that it is owned by a hospital authority created by the City of Richmond”); Richmond, Tex. … This contract established that U.T.