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6 Texas opinions name it 3 courts 1930–2016 0 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.
| Case | Followed | Cited |
|---|---|---|
Hunter v. Bryantgreen2 sentences2014As such, it not a merely a defense to liability, but it is an immunity from suit that should be resolved “at the earliest possible stage in litigation.” Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534, 536 , 116 L.Ed.2d 589 (1991) (per curiam). 2014As such, it not a merely a defense to liability, but it is an immunity from suit that should be resolved “at the earliest possible stage in litigation.” Hunter v. Bryant, 502 U.S. 224, 227 , 112 S.Ct. 534, 536 , 116 L.Ed.2d 589 (1991) (per curiam). | 1 | 2 |
Knight, Ex Parte Nancy Gailgreen1 sentence2016See Ex parte Knight, 401 S.W.3d 60, 64 (Tex. Crim. | 1 | 1 |
Thomas v. Collinsgreen1 sentence2014Following Fifth Circuit precedent,2 our court has held that the qualified immunity defense is implemented through a shifting burden of proof: 2 See Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); Scott v. Britton, 16 S.W.3d 173, 180 (Tex. App.—Houston [1st Dist.] 2000, no pet.) (also citing Whatley); Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (also citing Whatley). 13 When a governmental official asserts the affirmative defens | 1 | 1 |
Alan D. Whatley v. Robert E. Philogreen1 sentence2014Following Fifth Circuit precedent,2 our court has held that the qualified immunity defense is implemented through a shifting burden of proof: 2 See Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); Scott v. Britton, 16 S.W.3d 173, 180 (Tex. App.—Houston [1st Dist.] 2000, no pet.) (also citing Whatley); Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (also citing Whatley). 13 When a governmental official asserts the affirmative defens | 1 | 1 |
Scott v. Brittongreen1 sentence2014Following Fifth Circuit precedent,2 our court has held that the qualified immunity defense is implemented through a shifting burden of proof: 2 See Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); Scott v. Britton, 16 S.W.3d 173, 180 (Tex. App.—Houston [1st Dist.] 2000, no pet.) (also citing Whatley); Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (also citing Whatley). 13 When a governmental official asserts the affirmative defens | 1 | 1 |
Texas Department of Criminal Justice v. Thomasgreen1 sentence2014Following Fifth Circuit precedent,2 our court has held that the qualified immunity defense is implemented through a shifting burden of proof: 2 See Tex. Dept. of Criminal Justice v. Thomas, 263 S.W.3d 212, 219 (Tex. App.—Houston [1st Dist.] 2007, pet. denied) (citing Whatley v. Philo, 817 F.2d 19, 20 (5th Cir. 1987)); Scott v. Britton, 16 S.W.3d 173, 180 (Tex. App.—Houston [1st Dist.] 2000, no pet.) (also citing Whatley); Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.—Houston [1st Dist.] 1993, writ denied) (also citing Whatley). 13 When a governmental official asserts the affirmative defens | 1 | 1 |
Clayton v. Hurtgreen2 sentences1973See Clayton v. Hurt, 88 Tex. 595 , 32 S.W. 876 . 1973See Clayton v. Hurt, 88 Tex. 595 , 32 S.W. 876 . | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
| Case | Cited | Years |
|---|---|---|
Coggins v. O'brien, Warden
green
2 sentences1968The United States Court of Appeals for the Ninth Circuit in Berg v. Cranor, 209 F.2d 567 , said, “Hence his (appellant’s counsel’s) mistake (in not filing a statement of facts in time) is not one of the State of Washington and does not constitute a violation of the Fourteenth Amendment * * ⅜ ” The United States Court of Appeals for the First Circuit in Coggins v. O’Brien, 188 F.2d 130 , said: “The Commonwealth of Massachusetts is free to regulate the procedure of its courts in accordance with its own conception of policy and fairness, unless in so doing it offends some principle of justice so 1968The United States Court of Appeals for the Ninth Circuit in Berg v. Cranor, 209 F.2d 567 , said, "Hence his (appellant's *464 counsel's) mistake (in not filing a statement of facts in time) is not one of the State of Washington and does not constitute a violation of the Fourteenth Amendment * * *." The United States Court of Appeals for the First Circuit in Coggins v. O'Brien, 188 F.2d 130 , said: "The Commonwealth of Massachusetts is free to regulate the procedure of its courts in accordance with its own conception of policy and fairness, unless in so doing it offends some principle of justic | 1 | 1968–1968 |
Berg v. Cranor
green
2 sentences1968The United States Court of Appeals for the Ninth Circuit in Berg v. Cranor, 209 F.2d 567 , said, “Hence his (appellant’s counsel’s) mistake (in not filing a statement of facts in time) is not one of the State of Washington and does not constitute a violation of the Fourteenth Amendment * * ⅜ ” The United States Court of Appeals for the First Circuit in Coggins v. O’Brien, 188 F.2d 130 , said: “The Commonwealth of Massachusetts is free to regulate the procedure of its courts in accordance with its own conception of policy and fairness, unless in so doing it offends some principle of justice so 1968The United States Court of Appeals for the Ninth Circuit in Berg v. Cranor, 209 F.2d 567 , said, "Hence his (appellant's *464 counsel's) mistake (in not filing a statement of facts in time) is not one of the State of Washington and does not constitute a violation of the Fourteenth Amendment * * *." The United States Court of Appeals for the First Circuit in Coggins v. O'Brien, 188 F.2d 130 , said: "The Commonwealth of Massachusetts is free to regulate the procedure of its courts in accordance with its own conception of policy and fairness, unless in so doing it offends some principle of justic | 1 | 1968–1968 |
Galbreath v. Farrell
green
1 sentence1930The decision, reached no further than that the judgment of the district court of Dallas county in the cause in 249 S. W. 277 worked an estoppel against another litigation upon the same cause of action in Collin -county. | 1 | 1930–1930 |
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.