scope of governmental immunity (Texas) · Go Syfert
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scope of governmental immunity in Texas

13 Texas opinions name it 2 courts 1994–2025 7 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 (4)

CaseFollowedCited
C. Borunda Holdings, Inc. v. Lake Proctor Irrigation Auth. of Comanche Cnty.green
tex · 2018 · cited in 5 Texas opinions naming this issue, 2018–2025
2 sentences

2025Borunda Holdings, Inc. v. Lake Proctor Irrigation Auth. of Comanche Cty., 540 S.W.3d 548, 550 (Tex. 2018) (per curiam) (citations omitted).

2021“Instead, the scope of governmental immunity simply does not reach the defensive counterclaims to the extent that any recovery on the counterclaims serves as an ‘offset’ against the government’s recovery.” Id. (quoting C.

35
Reata Construction Corp. v. City of Dallasgreen
tex · 2006 · cited in 5 Texas opinions naming this issue, 2018–2024
2 sentences

2024Rather, the scope of governmental immunity “simply does not reach the defensive counterclaims to the extent that any recovery on the counterclaims serves as an ‘offset’ against the government’s recovery.” Id. (discussing Reata, 197 S.W.3d at 376-77 ).

2024Rather, the scope of governmental immunity “simply does not reach the defensive counterclaims to the extent that any recovery on the counterclaims serves as an ‘offset’ against the government’s recovery.” Id. (discussing Reata, 197 S.W.3d at 376-77 ).

15
Anderson v. City of McKinneygreen
texapp · 2007 · cited in 1 Texas opinions naming this issue, 2013–2013
1 sentence

2013Anderson v. City of McKinney, 236 S.W.3d 481, 482-83 (Tex.App.-Dallas 2007, no pet.).

11
TEXAS DMHMR v. Petty by Kauffmangreen
tex · 1993 · cited in 1 Texas opinions naming this issue, 1994–1994
2 sentences

1994This Court considered the scope of governmental immunity arising from alleged negligent use of a patient's medical records in Texas Department of Mental Health and Mental Retardation v. Petty, 848 S.W.2d 680, 686 (Tex.1992).

1994I.' This Court considered the scope of governmental immunity arising from alleged negligent use of a patient’s medical records in Texas Department of Mental Health and Mental Retardation v. Petty, 848 S.W.2d 680, 686 (Tex.1992).

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 (3)

CaseCitedYears
Dr. Behzad Nazari, D.D.S. v. State green
tex · 2018
2 sentences

2025No claim to original U.S. Government Works. 1 Nazari v. State, 561 S.W.3d 495 (2018) 61 Tex. Sup. Ct. J. 1525 Although the state may elect to waive its A governmental entity does not waive its sovereign immunity, that policy decision belongs sovereign immunity by filing a claim for largely to the legislature. affirmative relief; instead, the scope of governmental immunity does not reach the defensive counterclaims to the extent that any [5] States Mode and sufficiency of waiver or recovery on the counterclaims serves as an offset consent against the government's recovery.

2019“Instead, the scope of governmental immunity simply does not reach the defensive counterclaims to the extent that any recovery on the counterclaims serves as an ‘offset’ against the government’s recovery.” Id. at 502 .

22019–2025
The City of El Paso v. Lilli M. Heinrich green
tex · 2009
1 sentence

2022The Texas Supreme Court examined the scope of governmental immunity from equitable claims in City of El Paso v. Heinrich, 284 S.W.3d 366 (Tex. 2009).

12022–2022
Anderson v. State ex rel. Allred green
texcommnapp · 1933
1 sentence

2019Where a governmental entity “voluntarily files a suit and submits its rights for judicial determination, it will be bound thereby, and the defense will be entitled to plead and prove all matters properly defensive.” Id. at 504 ; Anderson, 62 S.W.2d at 110 ; see Reata, 197 S.W.3d at 375 (“[W]e believe it would be fundamentally unfair to allow a governmental entity to assert affirmative claims against a party while claiming it had immunity as to the party’s claims against it”). 2.

12019–2019

Statutes the citing opinions construe

TX § Tex. Hum. Res. Code § 36.051 (3) TX § Tex. Hum. Res. Code § 36.052 (3) TX § Tex. Prop. Code § 301.153 (3) USC § 42u.s.c.1396 (3) USC § 42u.s.c.1983 (3)

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

MI 29 (1978–2025) TX 13 (1994–2025) CT 11 (1998–2021) UT 7 (1989–2016) CA 5 (1976–2014) IL 5 (1998–2003) PA 4 (1968–2026) WI 3 (2010–2013) NY 2 (1988–1989) IN 2 (2009–2010) MD 2 (1998–1998)

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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