civil assault claim (Texas) · Go Syfert
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civil assault claim in Texas

6 Texas opinions name it 1 courts 2016–2022 2 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 (8)

CaseFollowedCited
Johnson v. Davisgreen
texapp · 2005 · cited in 2 Texas opinions naming this issue, 2016–2018
2 sentences

2018Johnson v. Davis, 178 S.W.3d 230, 240 (Tex. App.— Houston [14th Dist.] 2005, pet. denied) (citing Moore’s Inc. v. Garcia, 604 S.W.2d 261, 264 (Tex. Civ.

2016See Johnson v. Davis, 178 S.W.3d 230, 240 (Tex.App.—Houston [14th Dist.] 2005, pet’, denied) (“To establish a prima facie claim for civil assault, the plaintiff must establish the same elements required for criminal assault.”),- However, a civil assault claim is still a “tort”; it is called “an intentional tort.” City of Watauga v. Gordon, 434 S.W.3d 586, 588-94 (Tex.2014) (explaining that because the Texas Tort Claims Act does not waive governmental immunity for intentional torts and because claims for civil assault and battery are intentional torts, governmental immunity is not waived and su

22
Price v. Shortgreen
texapp · 1996 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Gibbins v. Berlin, 162 S.W.3d 335, 340 (Tex. App.—Fort Worth 2005, no pet.) (citing Price v. Short, 931 S.W.2d 677, 687 (Tex. App.—Dallas 1996, no writ)).

11
Gibbins v. Berlingreen
texapp · 2005 · cited in 1 Texas opinions naming this issue, 2022–2022
1 sentence

2022See Gibbins v. Berlin, 162 S.W.3d 335, 340 (Tex. App.—Fort Worth 2005, no pet.) (citing Price v. Short, 931 S.W.2d 677, 687 (Tex. App.—Dallas 1996, no writ)).

11
Osterberg v. Pecagreen
tex · 2000 · cited in 1 Texas opinions naming this issue, 2021–2021
1 sentence

2021See Osterberg v Peca, 12 S.W.3d 31, 55 (Tex. 2000).

11
Foye v. Montesgreen
texapp · 2000 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See Foye, 9 S.W.3d at 441 ; Tex. Penal Code § 22.01(a)(3).

11
DeLeon v. Hernandezgreen
texapp · 1991 · cited in 1 Texas opinions naming this issue, 2020–2020
1 sentence

2020See DeLeon v Hernandez, 814 S.W.2d 531, 533 (Tex. App.—Houston [14th Dist.] 1991, no writ) (summary judgment in favor of person sued for civil assault erroneous when record contains evidence he hit his wife in the face causing physical pain).

11
Moore's, Inc. v. Garciagreen
texapp · 1980 · cited in 1 Texas opinions naming this issue, 2018–2018
1 sentence

2018Johnson v. Davis, 178 S.W.3d 230, 240 (Tex. App.— Houston [14th Dist.] 2005, pet. denied) (citing Moore’s Inc. v. Garcia, 604 S.W.2d 261, 264 (Tex. Civ.

11
the City of Watauga v. Russell Gordongreen
tex · 2014 · cited in 1 Texas opinions naming this issue, 2016–2016
2 sentences

2016See Johnson v. Davis, 178 S.W.3d 230, 240 (Tex.App.—Houston [14th Dist.] 2005, pet’, denied) (“To establish a prima facie claim for civil assault, the plaintiff must establish the same elements required for criminal assault.”),- However, a civil assault claim is still a “tort”; it is called “an intentional tort.” City of Watauga v. Gordon, 434 S.W.3d 586, 588-94 (Tex.2014) (explaining that because the Texas Tort Claims Act does not waive governmental immunity for intentional torts and because claims for civil assault and battery are intentional torts, governmental immunity is not waived and su

2016See Johnson v. Davis, 178 S.W.3d 230, 240 (Tex.App.—Houston [14th Dist.] 2005, pet’, denied) (“To establish a prima facie claim for civil assault, the plaintiff must establish the same elements required for criminal assault.”),- However, a civil assault claim is still a “tort”; it is called “an intentional tort.” City of Watauga v. Gordon, 434 S.W.3d 586, 588-94 (Tex.2014) (explaining that because the Texas Tort Claims Act does not waive governmental immunity for intentional torts and because claims for civil assault and battery are intentional torts, governmental immunity is not waived and su

11

Distinguished, questioned or overruled (0)

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

Statutes the citing opinions construe

TX § Tex. Penal Code § 22.01 (4)

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 6 (2016–2022) CA 2 (1988–2025)

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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