Case law
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1.74s
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 timesPublished311 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 timesPublishedChing 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 timesPublishedMisty 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 timesPublished508 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 timesPublishedStar 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 timesPublished251 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 timesPublishedWoolen 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 timesPublishedYigal 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 timesPublishedTexas 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 timesPublished846 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 timesPublishedTexas 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 timesPublished621 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 timesPublishedHonhorst 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 timesPublishedStuart 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 timesPublishedTexas 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 timesPublishedCity 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 timesPublishedSanders 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 timesUnknownRailroad 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 timesPublishedUntitled 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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