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  • 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.

    Cited 10 timesPublished
  • Berkman v. City of Keene

    311 S.W.3d 523 · Texas Court of Appeals, 10th District (Waco) · Nov 4, 2009

    The Supreme Court in Ben Bolt held that an insurance contract between a school district and a self-insurance fund qualified as a written contract for the provision of goods and services under the statute. … immunity under the *526 statute].”

    Cited 24 timesPublished
  • Ching v. Methodist Children's Hospital

    134 S.W.3d 235 · Texas Court of Appeals, 7th District (Amarillo) · Apr 17, 2003

    Analysis By his first issue, Ching contends the trial court erred in awarding the Hospitals’ summary judgment based on statutory immunity, contending that (a) the record does not conclusively establish that the procedures … Ching argues that this immunity “vanished” because the Hospitals acted maliciously.

    Cited 9 timesPublished
  • 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.

    Cited 0 timesPublished
  • 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.

    Cited 6 timesPublished
  • 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.

    Cited 35 timesPublished
  • 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.

    Cited 3 timesPublished
  • Woolen v. Surtran Taxicabs, Inc.

    615 F. Supp. 344 · District Court, N.D. Texas · Aug 8, 1985

    Finally, “City of Lafayette suggested, without deciding the issue, that it would be sufficient to obtain Parker immunity for a municipality to show that it acted pursuant to a ‘clearly articulated and affirmatively expressed … The Court held that the system was a clearly articulated state policy, but that it did not meet the active supervision requirement: The State simply authorizes price setting and enforces the prices established by private

    Cited 13 timesPublished
  • Yigal Bosch v. Mark S. Armstrong and Paul Bailiff and Squire, Sanders & Dempsey L.L.C.

    Texas Court of Appeals, 1st District (Houston) · Jun 11, 2009

    Appellees are entitled to the protection of a qualified immunity or privilege for the statements and assertions made in these documents on behalf of Scott. See Alpert , 178 S.W.3d at 405 ; Watson v. … Although we use the term "qualified immunity" to describe the appellees' affirmative defense, we note that our Court, and other courts, also refer to the defense as one of "privilege." See Watson v.

    Cited 0 timesPublished
  • City of San Antonio, Acting by and Through the San Antonio Water System v. Lower Colorado River Authority Rebecca A. Klein Michael G. McHenry Linda C. Raun Tom Martine Steve K. Balas Lori A. Berger Ida A. Carter John C. Dickerson, III Vernon E. Buddy Schrader W.F. Woody McCasland Franklin Scott Spears, Jr.

    Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2011

    By the middle of 2008, studies had established that under its original parameters, the project would generate between 90,000 and 115,000 acre-feet of water for SAWS. … This clearly qualifies as "providing goods [and] services to" LCRA. See Kirby Lake Dev., Ltd. v.

    Cited 0 timesPublished
  • Boozier v. Hambrick

    846 S.W.2d 593 · Texas Court of Appeals, 1st District (Houston) · Jan 28, 1993

    We do not read subsection five as allowing us to review whether the employee, notwithstanding immunity from suit in the first place, has established entitlement to summary judgment on grounds that would be available to any … To be entitled to a summary judgment on the affirmative defense of official immunity, a defendant must establish as a matter of law (1) that his action may be classified as quasi-judicial, and (2) that he acted in good faith

    Cited 50 timesPublished
  • Jerry Scarbrough, Denise Steele, and Melissa Victoria Deaton v. Helen Purser, Sue E. Purser A/K/A Sue E. Van Zanten, Gary W. Purser, Jr., Joann M. Purser, and Elizabeth H. Tipton

    Texas Court of Appeals, 3rd District (Austin) · Nov 12, 2015

    Scarbrough’s proffered qualified-immunity instruction was improper; the trial court’s refusal to submit it was neither error nor harmful. … Chimene, whether the proffered instruction was consistent with Cantey Hanger2, which allows qualified immunity from liability but not immunity from suit. Chief Justice Rose inquired of Ms.

    Cited 0 timesPublished
  • Baker v. Story

    621 S.W.2d 639 · Court of Appeals of Texas · Jun 3, 1981

    The testimony of the defendant doctor is clearly sufficient to establish the applicable medical standard of care. Wilson v. Scott, 412 S.W.2d 299 (Tex.1967). In this case the testimony of Dr. … We do no more than hold that, under the evidence in this case, it was not conclusively established that Dr. Story was entitled to immunity as an employee of the State of Texas.

    Cited 79 timesPublished
  • Honhorst v. University of North Texas

    983 S.W.2d 872 · Court of Appeals of Texas · Dec 28, 1998

    It is a well-established rule that for the Legislature to waive the State’s sovereign immunity, it must do so by clear and unambiguous language. See Federal Sign, 951 S.W.2d at 405 . … After an extensive *875 discussion of the labor code, the supreme court’s holding in Barfield , and other Texas statutes where the Legislature clearly and unambiguously waived the sovereign immunity of the State, the court

    Cited 3 timesPublished
  • Stuart Thomas Gerstacker v. Kimberly Ann Gerstacker

    Texas Court of Appeals, 3rd District (Austin) · Jul 29, 2011

    This clearly qualifies as “providing goods [and] services to” LCRA. See Kirby Lake Dev., Ltd. v. … See 197 S.W.3d at 346 (“[T]he Tookes do not claim damages within [the] limitations [established by section 271.153].

    Cited 0 timesPublished
  • Jane Doe, Individually and as Next Friend of John Doe, a Minor v. Hurst-Euless-Bedford Independent School District

    Texas Court of Appeals, 2nd District (Fort Worth) · Jan 21, 2021

    Doe responded that Section 22.052 clearly and directly waives a school district’s immunity when a student is injured by medication administration and that she pleaded facts falling under this waiver. … Doe contends that the Legislature, by enacting Section 22.052, clearly waived the District’s immunity regarding her gross- negligence claims and thereby provided a remedy against a school district for those injured by

    Cited 0 timesPublished
  • City of Dallas v. Remy Holmquist

    Texas Court of Appeals, 5th District (Dallas) · Oct 9, 2023

    Cities retain immunity unless the Legislature clearly and unambiguously waives it. Id. … Whether a condition qualifies as a special defect is a question of law. Id.

    Cited 0 timesPublished
  • Sanders v. City of San Antonio, Texas

    District Court, W.D. Texas · Aug 29, 2025

    For a police officer or other government employee to establish qualified immunity, they must show, first, that their conduct was within the scope of their discretionary authority. Sweetin v. City of Tex. … City, Tex., 48 F.4th 387, 391-92 (5th Cir. 2022) (“To even get into the qualified-immunity framework, the government official must satisfy his burden of establishing that the challenged conduct was within the scope of his

    Cited 0 timesUnknown
  • Railroad Commission v. Gulf Energy Exploration Corp.

    59 Tex. Sup. Ct. J. 309 · Texas Supreme Court · Jan 29, 2016

    The only limitation on the acts or ómisáions that qualify is the “good-faith effort” requirement. … Applying that standard, we-cannot say that the. evidence conclusively establishes the Qommission’s good faith.

    Cited 28 timesPublished
  • Untitled Texas Attorney General Opinion

    Texas Attorney General Reports · Jul 2, 2000

    “Even if a prosecutor fails to show absolute immunity for a given activity, he may still show qualified immunity.” Id. … “Generally speaking, qualified immunity protects government officials performing discretionary functions Tom civil liability under federal law unless their conduct violates a ‘clearly established [federal] statutory or constitutional

    Cited 0 timesPublished

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