claim of official immunity (Texas) · Go Syfert
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claim of official immunity in Texas

28 Texas opinions name it 2 courts 1995–2024 3 in the last five years

The cases below were cited by Texas courts in a sentence that names this issue. Sides come from how each citing opinion treated the case (Syfertize flag on that citation), so a case can appear on both: that is where the law is contested. A red or yellow chip is the case's own overall treatment.

Followed or applied (6)

CaseFollowedCited
City of Lancaster v. Chambersgreen
tex · 1994 · cited in 21 Texas opinions naming this issue, 1995–2024
2 sentences

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

521
City of Corinth v. Gladysgreen
texapp · 1996 · cited in 2 Texas opinions naming this issue, 1996–1996
2 sentences

1996See id.

1996See id.

22
Post v. City of Fort Lauderdalegreen
ca11 · 1993 · cited in 2 Texas opinions naming this issue, 2014–2024
2 sentences

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

12
Malley v. Briggsgreen
scotus · 1986 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

11
City of San Antonio v. Ytuartegreen
tex · 2007 · cited in 1 Texas opinions naming this issue, 2024–2024
1 sentence

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

11
Wadewitz v. Montgomerygreen
tex · 1997 · cited in 1 Texas opinions naming this issue, 2023–2023
1 sentence

2023See, e.g., Wadewitz, 951 S.W.2d at 466 (explaining that conclusory statements on good faith will not support a claim of official immunity); Mata v. Harris County, No. 14-14-00363-CV, 2016 WL 675379 , at *4 (Tex. App.—Houston [14th Dist.] Feb. 18, 2016, pet. denied) (mem. op.).

11

Distinguished, questioned or overruled (0)

CaseNegativeCited
No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway.

Also cited on this issue (5)

CaseCitedYears
Vela v. Rocha green
texapp · 2001
2 sentences

2002Vela, 52 S.W.3d at 404 .

2002Vela , 52 S.W.3d at 404 .

22002–2002
University of Houston v. Clark green
tex · 2000
2 sentences

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

12024–2024
Texas Department of Public Safety v. Bonilla green
tex · 2015
1 sentence

2024The nonmovant, in contrast, bears an “elevated standard of proof” to “defeat a claim of official immunity in response to a motion for summary judgment.” 70 Proof that a reasonably prudent officer could have assessed the needs and risks differently is insufficient. 71 To controvert proof of good faith, the plaintiff must show, with “reference to each aspect of the need and risk balancing test,” 72 that no reasonably prudent officer “in the defendant’s position could have thought the facts were such that they justified defendant’s acts.” 73 If reasonably prudent officers “could disagree on this

12024–2024
City of Beverly Hills v. Guevara green
tex · 1995
1 sentence

2008Id.

12008–2008
DeWitt v. Harris County green
tex · 1995
1 sentence

1995Further, this Court’s decision in DeWitt v. Harris County, 904 S.W.2d 650 , clarifies that a city can rely on the official immunity of its employees and agents.

11995–1995

Statutes the citing opinions construe

USC § 42u.s.c.1983 (5)

Counted by distinct opinions that both name this issue and are annotated to the section; sections every opinion cites regardless of issue are not filtered here, so read the counts against the total above.

Where else courts name it

TX 28 (1995–2024) GA 6 (2000–2014)

Opinions by the citing court's state. A doctrine retained in one state and abandoned in another shows up here as a year span that stalls.

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