Case law

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

University of Incarnate Word and Christopher Carter v. Valerie Redus, Individually, and Robert M. Redus, Individually and as Administrator of the Estate of Robert Cameron Redus

Texas Court of Appeals, 4th District (San Antonio) · May 7, 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

Honors Acad., Inc. v. Tex. Educ. Agency

555 S.W.3d 54 · Texas Supreme Court · Apr 27, 2018

Such charters are typically held and run by nonprofit corporations, qualifying under § 501(c)(3) of the Internal Revenue Code. See id. § 12.101(a)(3). … waiving immunity."

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

Dugger v. Stephen F. Austin State University

232 F. Supp. 3d 938 · District Court, E.D. Texas · Feb 6, 2017

Abrogation of Eleventh Amendment Immunity The Eleventh Amendment bars an individual from suing a State in federal court unless the State consents to suit or Congress has clearly and validly abrogated the State’s right not … As noted, it is well established that, absent an express waiver or an abrogation of the state’s sovereign immunity by Congress, a State may not be sued in a federal court.

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.

Sanchez v. Rowe

651 F. Supp. 571 · District Court, N.D. Texas · Nov 24, 1986

In a lawsuit for damages arising from violations of constitutional rights, federal law enforcement officers, like their state counterparts, may claim only qualified immunity. Butz v. … Qualified immunity shields government officials from liability where their conduct does not violate clearly established constitutional rights of which a reasonable man would have known. Harlow v.

Fowler v. Szostek

905 S.W.2d 336 · Texas Court of Appeals, 1st District (Houston) · Aug 3, 1995

We must look to whether a reasonable school official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time. See id. … The terms "qualified," "official," and "quasi-judicial” immunity are for all practical purposes the same. City of Houston v. Kilburn, 849 S.W.2d 810 , 812 n. 1 (Tex.1993); Travis v.

Cameron County v. Carrillo

7 S.W.3d 706 · Texas Court of Appeals, 13th District · Nov 4, 1999

Availability of interlocutory appeal has been held to extend to a governmental unit’s claim of sovereign immunity when based on an individual’s assertion of qualified immunity. … Hence, the County has successfully established its claim to summary judgment based on sovereign immunity derivative of Delgado’s official immunity.

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

Wayne Hawkins v. State

Texas Court of Appeals, 10th District (Waco) · Jun 9, 2004

TDCJ filed a motion for summary judgment on the basis of sovereign immunity. TDCJ asserted, among other things, that because the officers’ qualified immunity inured to TDCJ’s benefit, it is immune from liability. … As a consequence, we cannot say that TDCJ has failed to establish the “good faith” element of official immunity.

Chester William Ingram, Jr., M.D. v. Wayne Scott

Texas Court of Appeals, 3rd District (Austin) · May 11, 2000

The deemed admissions clearly establish as a matter of law that Ingram's contention that section 501.008(b)(1), a nondiscretionary act, is being violated. … The deemed admissions clearly establish as a matter of law that Ingram's contention that section 501.008(b)(1), a nondiscretionary act, is being violated.

University of Texas Health Science Center at Houston v. Patricia Marie Carroll

Texas Court of Appeals, 1st District (Houston) · Jul 16, 2024

Lesser qualified candidates, who are not black or older, received promotions. … To establish a prima facie case of discrimination based on the employer’s failure to promote, the employee must show that (1) she is a member of a protected class; (2) she sought and was qualified for an available employment

Doe v. Angelina County, Texas

733 F. Supp. 245 · District Court, E.D. Texas · Mar 19, 1990

Clearly, the existence of a duty on the sheriffs part to establish these procedures implies that the sheriff is also endowed with the authority to establish them. … In the response to plaintiff’s motion for partial summary judgment, Sheriff Lawrence states that, as a law enforcement officer, he is entitled to qualified immunity. In Harlow v.

Misty Strauss v. Texas Department of Criminal Justice

Texas Court of Appeals, 15th District · May 6, 2026

A plaintiff may overcome a sovereign immunity defense if the plaintiff demonstrates that the Legislature has clearly and unambiguously waived the government's immunity by statute. See State ex rel. Best v. … retention of immunity.

Entergy Gulf States, Inc. v. John Summers

Texas Supreme Court · Apr 3, 2009

II The Act outlines a process by which a general contractor qualifies for immunity from common-law tort claims brought by the employees of its subcontractors. [1] First, the general contractor and subcontractor must enter … Under this 1917 version, the statutory language broadly established, without qualification, that any subscriber, even a premises owner-subscriber, could qualify as a statutory employer.

Olveda v. United States

508 F. Supp. 255 · District Court, E.D. Texas · Feb 17, 1981

Olveda’s radiation exposure occurred in Colorado this Court must examine the law of Colorado to determine if the United States qualifies as a “statutory employer” and gains the resultant immunity. … Since this case is clearly dismissable on the “statutory employer” defense, the accrual issue need not be and is not reached. 3 . Complaint, Paragraph II at p. 1.

Star Houston, Inc. v. Texas Department of Transportation, Motor Vehicle Division

957 S.W.2d 102 · Texas Court of Appeals, 3rd District (Austin) · Oct 16, 1997

Nor does it comport with established caselaw. … The termination letter clearly referenced the signage provision in the franchise agreement.

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.”

Izen v. Catalina

251 F. Supp. 2d 1327 · District Court, S.D. Texas · Sep 18, 2002

Qualified Immunity Determination of qualified immunity requires a two-step inquiry. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … Thus, Defendants Catalina and Climer are entitled to qualified immunity from Izen’s § 1983 claims. D.