342 S.W.2d at 423 Judicial immunity from tort liability for actions within jurisdiction61 citing cases“Writs of mandamus issue to control the conduct of an officer of government, judicial or administrative, only when the duty to do the act commanded is clear and definite and involves the exercise of no discretion — that is, when the act is ministerial”
- Licon Jr. v. Low, No. 7:24-cv-00299 (W.D. Tex. Aug. 22, 2025).(holding the “reasons underlying immunity of district judges from tort liability for acts performed or not performed in judicial proceedings require a conclusion that justices of the peace should enjoy a like immunity wh…)
- Great Value Storage LLC & World Class Capital Grp., LLC v. Princeton Capital Corp., No. 01-23-00618-CV (Tex. App.—Houston [1st Dist.] Aug. 21, 2025).publishedRes 12 Turner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
- Richard Tobias v. SLP Brownwood LLC D/B/A Cross Country Healthcare Ctr., the Owners of SLP Mgmt., Inc., & Dr. N. Nigalye, No. 11-19-00247-CV, 2021 WL 2584505 (Tex. App.—Eastland June 24, 2021).publishedStump v. Sparkman, 435 U.S. 349 , 356–57 (1978) (judge not deprived of immunity because action taken was in error, was done maliciously, or was in excess of authority; immunity fails only when judge acts in clear absence of jurisdiction);…
- Herbert Feist v. Larry J. Gist, No. 09-18-00255-CV (Tex. App.—Beaumont Oct. 24, 2019).publishedTurner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
- Walker v. Hartman, 516 S.W.3d 71 (Tex. App.—Beaumont 2017).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Annise D. Parker, Mayor, Anna Russell, City Sec'y, & City of Houston v. David B. Wilson, No. 01-15-00687-CV (Tex. App.—Houston [1st Dist.] Oct. 15, 2015).published Paulsen v. Yarrell, 455 S.W.3d 192, 195 (Tex. App.—Houston [1st Dist.] 2014, no pet.) Rusk State Hosp. v. Black, 392 S.W.3d 88, 92 (Tex. 2012)); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Dos Republicas Coal P'ship v. David Saucedo, as Floodplain Adm'r & Cnty. Judge of the Maverick Cnty. Commissioners Court, & the Maverick Cnty. Commissioners Court, No. 13-14-00725-CV (Tex. App.—Corpus Christi Apr. 2, 2015).publishedNo claim to original U.S. Government Works. 1 Anderson v. City of Seven Points, 806 S.W.2d 791 (1991) Tex. 44, 291 S.W.2d 677, 682 (1956); Turner v. Pruitt, 161 prove that the mayor's refusal to grant their petition and order Tex. 532, 342…
- the Town of Annetta South, Texas Gerhard Kleinschmidt James Ablowich Phillip Kuntz & David Goolsby v. Seadrift Dev., L.P., 446 S.W.3d 823 (Tex. App.—Fort Worth 2014).published See In re Kuster, 363 S.W.3d 287 , 290–91 (Tex. App.––Amarillo 2012, orig. proceeding) (denying petition for writ of mandamus to the extent it sought relief based of facts that had existence); Turner v. Pruitt, 161 Tex. 532 , 533–34, 342 S…
- Jeffrey Mann & Gary Mann v. Hon. E. Lee Gabriel, No. 11-10-00265-CV (Tex. App.—Eastland July 12, 2012).publishedStump v. Sparkman, 435 U.S. 349 , 356–57 (1978); Davis v. Tarrant Cnty., Tex., 565 F.3d 214, 221 (5th Cir. 2009); Turner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
- Timothy W. Buchanan v. Ernie B. Armstrong, No. 11-11-00134-CV (Tex. App.—Eastland Mar. 8, 2012).publishedStump v. Sparkman, 435 U.S. 349 , 356–57 (1978); Davis v. Tarrant County, Tex., 565 F.3d 214, 221 (5th Cir. 2009); Turner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
Show 43 more citing cases
- Kennedy v. Staples, 336 S.W.3d 745 (Tex. App.—Texarkana 2011).published Stump v. Sparkman, 435 U.S. 349, 356-57 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978) (judge not deprived of immunity because action taken was in error, was done maliciously, or was in excess of authority; immunity fails only when judge acts in…
- in Re Roddy Dean Pippin, Relator, No. 07-10-00373-CV (Tex. App.—Amarillo Oct. 15, 2010).published“the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial”
- in Re Zelda Kay Thorpe, Relator, No. 07-10-00341-CV (Tex. App.—Amarillo Sept. 17, 2010).published“the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial”
- In Re Castle Texas Prod. Ltd. P'ship, 189 S.W.3d 400 (Tex. App.—Tyler 2006).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (Tex.1961).
- in Re: West Texas Positron, Ltd., West Texas Positron, L.L.C. & Mike Whyte, Relators, No. 07-05-00342-CV (Tex. App.—Amarillo Dec. 22, 2005).published“the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial”
- Rhett Webster Pease & Janell Pease v. Principal Residential Mortg., Inc. Diana Estala Stevens Barbara Bembry Travis Cnty. Constable's Off. & Bob Vann, No. 03-02-00491-CV (Tex. App.—Austin May 13, 2004).publishedDallas County v. Halsey, 87 S.W.3d 552, 554 (Tex. 2002); Turner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
- Barnes v. Madison, 79 F. App'x 691 (5th Cir. 2003).unpublishedSee Stump v. Sparkman, 435 U.S. 349, 362 , 98 S.Ct. 1099 , 55 L.Ed.2d 331 (1978); Boyd v. Biggers, 31 F.3d 279, 284-85 (5th Cir.1994); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (Tex.1961); Garza v. Morales, 923 S.W.2d 800, 802 (…
- In Re Lincoln, 114 S.W.3d 724 (Tex. App.—Austin 2003).published (holding judges not liable in tort for acts taken in matters within judge’s jurisdiction)
- Sheppard v. Thomas, 101 S.W.3d 577 (Tex. App.—Houston [1st Dist.] 2003).published See, e.g., Anderson v. City of Seven Points, 806 S.W.2d 791, 793 (Tex.1991) (requiring mayor to hold election on question of abolishing city’s corporate existence); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961) (citing action…
- Dallas Cnty. v. Halsey, 87 S.W.3d 552 (Tex. 2002).published(noting that in judicial proceedings in which the court has jurisdiction, a judge is immune for his or her actions)
- John Eric Jackson v. Gary L. Johnson, TDCJ-ID Dir., No. 06-01-00146-CV (Tex. App.—Texarkana Feb. 15, 2002).publishedStump v. Sparkman , 435 U.S. 349 , 356–57 (1978) (judge not deprived of immunity because action taken was in error, was done maliciously, or was in excess of authority; immunity fails only when judge acts in clear absence of jurisdiction);…
- Halsey v. Dallas Cnty., Texas, 68 S.W.3d 81 (Tex. App.—Dallas 2001).publishedTurner v. Pruitt, 161 Tex. 532, 534-35 , 342 S.W.2d 422, 423 (1961); Delcourt v. Silverman, 919 S.W.2d 777, 781-82 (Tex.App.-Houston [14th Dist.] 1996, writ denied); Johnson v. Kegans, 870 F.2d 992, 995 (5th Cir.1989).
- Kubosh v. City of Houston, 2 S.W.3d 463 (Tex. App.—Houston [1st Dist.] 1999).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961); Delcourt v. Silverman, 919 S.W.2d 777, 781 (Tex.App.—Houston [14th Dist.] 1996, writ denied); Tex. Civ.
- Untitled Texas Attorney Gen. Opinion, No. JC-151 (Tex. Att'y Gen. July 2, 1999).publishedTurner v. Pmitt, 342 S.W.2d 422,423 (Tex. 1961).
- Untitled Texas Attorney Gen. Opinion, No. JC-140 (Tex. Att'y Gen. July 2, 1999).publishedTurner v. Pruitt, 342 S.W.2d 422,423 (Tex. 1961).
- Sw. Guar. Trust Co., Successor to NationsBank of Texas, N.A., as Tr. for the Benefit of Dalia Acotsa, Daphne Acosta, Jorge Acosta, Lillian Acosta, Michael Avery, William Avery, Joe Bonura, Timothy Bonura II, Rian Butler v. Providence Trust Co., in Liquidation, No. 03-97-00806-CV (Tex. App.—Austin July 2, 1998).publishedTurner v. Pruitt , 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Sw. Guar. Trust Co v. Providence Trust Co., 970 S.W.2d 777 (Tex. App.—Austin 1998).publishedTurner v. Pruitt, 161 Tex. 582 , 342 S.W.2d 422, 423 (1961).
- City of Houston v. West Capital Fin. Servs. Corp., 961 S.W.2d 687 (Tex. App.—Houston [1st Dist.] 1998).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961); Delcourt v. Silverman, 919 S.W.2d 777, 781 (Tex.App.—Houston [14th Dist.] 1996, writ denied).
- City of Houston v. Swindall, 960 S.W.2d 413 (Tex. App.—Houston [1st Dist.] 1998).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961); Delcourt v. Silverman, 919 S.W.2d 777, 781 (Tex.App.-Houston [14th Dist.] 1996, writ denied).
- Delcourt v. Silverman, 919 S.W.2d 777 (Tex. App.—Houston [14th Dist.] 1996).publishedJohnson v. Kegans, 870 F.2d 992, 995 (5th Cir.), cert. denied, 492 U.S. 921 , 109 S.Ct. 3250 , 106 L.Ed.2d 596 (1989); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Bob Matyastik v. Charles E. Lance, No. 03-94-00019-CV (Tex. App.—Austin Mar. 15, 1995).unpublishedTurner v. Pruitt, 342 S.W.2d 422, 423 (Tex. 1961).
- B.Y.R.D. v. Woodruff, 891 S.W.2d 689 (Tex. App.—Dallas 1994).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- McDuffie v. Blassingame, 883 S.W.2d 329 (Tex. App.—Amarillo 1994).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Rea v. Cofer, 879 S.W.2d 224 (Tex. App.—Houston [14th Dist.] 1994).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Reese v. Commissioners' Court of Cherokee Cnty., 861 S.W.2d 281 (Tex. App.—Tyler 1993).publishedWomack, v. Berry, 156 Tex. 44 , 291 S.W.2d 677, 682 (1956); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Bryan Maxey v. Ed Parsons, No. 03-92-00646-CV (Tex. App.—Austin May 26, 1993).unpublishedBoth Hammond and Curington specially excepted on the basis that Maxey did not assert sufficient facts to overcome their claim of judicial immunity. (3) See Turner v. Pruitt , 342 S.W.2d 422, 423-24 (Tex. 1961); Spencer v. City of Seagovill…
- Parker v. White, 852 S.W.2d 748 (Tex. App.—Tyler 1993).publishedWomack v. Berry, 156 Tex. 44 , 291 S.W.2d 677, 682 (1956); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Terrazas v. Ramirez, 829 S.W.2d 712 (Tex. 1991).published See, e.g., Jessen Associates, Inc. v. Bullock, 531 S.W.2d 593, 602 (Tex.1975); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961). *746 The Relators' repudiation of our traditional procedures makes mandamus relief wholly inappropr…
- Amoco Prod. Co. v. Salyer, 814 S.W.2d 211 (Tex. App.—Corpus Christi 1991).publishedSee Proffer v. Yates, 734 S.W.2d 671, 672-673 (Tex.1987); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- Anderson v. City of Seven Points, 806 S.W.2d 791 (Tex. 1991).publishedWomack v. Berry, 156 Tex. 44 , 291 S.W.2d 677, 682 (1956); Turner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- BHP Petroleum Co., Inc. v. Millard, 800 S.W.2d 838 (Tex. 1991).published“Writs of mandamus issue to control the conduct of an officer of government, judicial or administrative, only when the duty to do the act commanded is clear and definite and involves the exercise of no discretion — that…”
- Kimmell v. Leoffler, 791 S.W.2d 648 (Tex. App.—San Antonio 1990).publishedTurner v. Pruitt, 161 Tex. 532 , 342 S.W.2d 422, 423 (1961).
- In Re Allcat Claims Serv., L.P. & John Weakly, 356 S.W.3d 455 (Tex. 2011).published
- Benavides v. Garcia, 687 S.W.2d 397 (Tex. App.—San Antonio 1985).published
- State Ex Rel. Sherrod v. Carey, 790 S.W.2d 705 (Tex. App.—Amarillo 1990).published
- Garza v. Morales, 923 S.W.2d 800 (Tex. App.—Corpus Christi 1996).published
- B.K. v. Cox, 116 S.W.3d 351 (Tex. App.—Houston [14th Dist.] 2003).published
- Dancy v. Cave, 760 S.W.2d 40 (Tex. App.—Amarillo 1988).published
- McGough Ex Rel. Wonzer v. First Court of Appeals, 842 S.W.2d 637 (Tex. 1992).published
- B.K., Individually & as Next Friend of T.K., C.K., P.K., & N.K., Minors v. Lynn Jacob Cox, Indep. of the Est. of Michael Dennis Cox, & Baylor Coll. of Med., No. 14-02-00591-CV (Tex. App.—Houston [14th Dist.] Aug. 28, 2003).published
- in Re: Todd Pruett, No. 05-13-00378-CV (Tex. App.—Dallas Mar. 14, 2014).published
- Untitled Texas Attorney Gen. Opinion, No. JC-454 (Tex. Att'y Gen. July 2, 2002).published
- In re Smith Cnty., 521 S.W.3d 447 (Tex. App.—Tyler 2017).published
161 Tex. at 534 “the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial.”7 citing cases
- in Re Roddy Dean Pippin, Relator, No. 07-10-00373-CV (Tex. App.—Amarillo Oct. 15, 2010).publishedMandamus will issue to control the conduct of a trial court only when "the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial." Turner v. Pruitt, 161 Tex. 532…
- in Re Zelda Kay Thorpe, Relator, No. 07-10-00341-CV (Tex. App.—Amarillo Sept. 17, 2010).publishedMandamus will issue to control the conduct of a trial court only when “the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial.” Turner v. Pruitt, 161 Tex. 532…
- in Re: West Texas Positron, Ltd., West Texas Positron, L.L.C. & Mike Whyte, Relators, No. 07-05-00342-CV (Tex. App.—Amarillo Dec. 22, 2005).publishedMandamus will issue to control the conduct of a trial court only when “the duty to do the act commanded is clear and definite and involves the exercise of no discretion--that is, when the act is ministerial.” Turner v. Pruitt, 161 Tex. 532…
v.
Donald Wayne Pruitt
delivered the opinion of the Court.
The question in this case is this: Is a Justice of the Peace subject to tort liability for improperly denying a jury trial to a defendant pleading “not guilty” in a criminal case? The Court of Civil Appeals has answered the question in the affirmative, with one Justice dissenting. 336 S.W. 2d 440. We answer the question in the negative.
A criminal case against respondent, Pruitt, was pending before petitioner Turner, a Justice of the Peace. Pruitt pleaded “not guilty” and demanded a jury. On advice of the County Attorney, Turner refused to empanel a jury unless Pruitt deposited a jury fee. Pruitt, declining to deposit the fee, was tried and convicted by Turner, and appealed to the County Court. Thereafter, Pruitt filed this suit in the County Court seeking a recovery of damages from Turner and the surety on his official bond. The County Judge dismissed the suit and Pruitt appealed. The Court of Civil Appeals reversed the judgment of the County Court and rendered judgment in favor of Pruitt for one dollar and costs.
Although the case originated in a county court, we have jurisdiction to review it under subdivision 1 of Article 1728,[*534] V.A.C.S. We reverse the judgment of the Court of Civil Appeals and affirm the judment of the trial court.
There is no question but that the Justice of the Peace Court over which Turner presides had jurisdiction of the criminal case pending against Pruitt. Neither is there any question but that Pruitt was entitled to jury trial without depositing a jury fee. Art. 1, Sec. 10, Vernon’s Constitution of Texas; Art. 892, Vernon’s Annotated Code of Criminal Procedure; Art. 1059, Vernon’s Annotated Code of Criminal Procedure. In the absence of a waiver by Pruitt, Turner was under a mandatory duty to empanel a jury; he had no discretion in the matter.
The majority of the Court of Civil Appeals were moved to hold Turner subject to tort liability because his duty to empanel a jury was a ministerial rather than a judicial duty, i.e., he had no discretion in the matter. That conclusion of the majority is understandable inasmuch as it is supported by expressions in opinions of this court and in legal encyclopedias, some of which are quoted in the majority opinion. However that may be, we are convinced it is an unsound conclusion inasmuch as the duty Turner refused to perform was one arising in the course of a judicial proceeding over which he had jurisdiction. We need go no further.
As a basis for rejecting the majority’s conclusion there is little of value which can be added to the dissenting opinion filed by Associate Justice Wilson of the Court of Civil Apeáis. We approve that opinion.
Tort liability of a judge for acts or conduct in the course of a judicial proceeding in which he has jurisdiction cannot turn on whether he could be compelled by writ of mandamus to perform a particular duty or refrain from doing an unauthorized act. Writs of mandamus issue to control the conduct of an officer of government, judicial or administrative, only when the duty to do the act commanded is clear and definite and involves the exercise of no discretion — that is, when the act is ministerial. Wortham v. Walker, 133 Texas 255, 128 S.W. 2d 1138,1150, 1151; United Production Corp. v. Hughes, 137 Texas 21, 152 S.W. 2d 327, 331; State Board of Insurance v. Betts, 158 Texas 83, 308 S.W. 2d 846, 848. It is unthinkable that a judge would be subject to tort liability in the many cases in which writs of mandamus have issued from this court requiring or compelling the doing of a particular act because the duty of the judge was clear and ministerial and did not involve the exercise of discretion. See[*535] State Board of Insurance v. Betts, 158 Texas 612, 315 S.W. 2d 279, 286 (District Judge required to expunge orders from docket) ; Crane v. Tunks, 160 Texas 182, 328 S.W. 2d 434 (District Judge required to amend order of discovery) ; Southland Greyhound Lines v. Richardson, 126 Texas 118, 86 S.W. 2d 731 (Requiring entry of judgment) ; Polk v. Davidson, 145 Texas 200, 196 S.W. 2d 632 (Requiring dismissal of case); Coastal States Gas Producing Co. v. Miller, 160 Texas 295, 329 S.W. 2d 853 (Requiring judge to fix bond and permit entry on land). These cases could be multiplied many times over.
The same reasons underlying immunity of district judges from tort liability for acts performed or not performed in judicial proceedings require a conclusion that justices of the peace should enjoy a like immunity when acting in the course of judicial proceedings of which they have jurisdiction. Bumpus v. Fisher, 21 Texas 561, 568; 13 A.L.R. 1348; 173 A.L.R. 806. The mere fact that in the course of such a proceeding a justice of the peace may refuse, but by writ of mandamus be compelled, to perform a clear legal duty, involving the exercise of no discretion, will not subject him to tort liability.
The judgment of the Court of Civil Appeals is reversed and the judgment of the trial court is affirmed.
Associate Justice Steakley not sitting.
Opinion delivered January 25, 1961.
Rehearing overruled February 15, 1961.