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6 Texas opinions name it 1 courts 2013–2020 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 |
|---|---|---|
Harris County v. Sykesgreen2 sentences2020While sovereign immunity bars actions against the state absent a legislative waiver, Sykes, 136 S.W.3d at 638 , requests for declaratory relief that do not attempt to control state action do not implicate governmental immunity, City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009). 2017While sovereign immunity generally bars actions against the state absent a legislative waiver, Sykes, 136 S.W.3d at 638 , suits against governmental officials alleging that they “acted without legal authority or failed to perform a purely ministerial act” and seeking to compel the officials “to comply with statutory or constitutional provisions” fall within the “ultra vires” exception to sovereign immunity because they “do not attempt to exert control over the state—they attempt to reassert the control of the state,” Heinrich, 284 S.W.3d at 372 ; see Houston Belt & Terminal Ry. | 3 | 5 |
The City of El Paso v. Lilli M. Heinrichgreen2 sentences2020While sovereign immunity bars actions against the state absent a legislative waiver, Sykes, 136 S.W.3d at 638 , requests for declaratory relief that do not attempt to control state action do not implicate governmental immunity, City of El Paso v. Heinrich, 284 S.W.3d 366, 372 (Tex. 2009). 2017While sovereign immunity generally bars actions against the state absent a legislative waiver, Sykes, 136 S.W.3d at 638 , suits against governmental officials alleging that they “acted without legal authority or failed to perform a purely ministerial act” and seeking to compel the officials “to comply with statutory or constitutional provisions” fall within the “ultra vires” exception to sovereign immunity because they “do not attempt to exert control over the state—they attempt to reassert the control of the state,” Heinrich, 284 S.W.3d at 372 ; see Houston Belt & Terminal Ry. | 3 | 5 |
Houston Belt & Terminal Railway Co., Bnsf Railway Co., and Union Pacific Railroad Co. v. City of Houston, Texas and Daniel Krueger, in His Official Capacity as Director of Public Works and Engineeringgreen2 sentences2020Suits against governmental officials alleging that they “acted without legal authority” and seeking to compel the officials “to comply with statutory or constitutional provisions” fall within the “ultra vires” exception to governmental immunity because they “do not attempt to exert control over the state—they attempt to reassert the control of the state.” Id.; see Houston Belt & Terminal Ry. v. City of Houston, 487 S.W.3d 154, 158 , 161–64 (Tex. 2016) (discussing ultra vires standard). 2017Co. v. City of Hous., 487 S.W.3d 154, 164 (Tex. 2016) (clarifying ultra vires standard, citing Heinrich, and stating standard “does not create a new vehicle for suits against the state to masquerade as ultra vires claims—indeed, our opinion merely reinforces the narrow ultra vires principles we have repeatedly announced and endorsed”). | 2 | 2 |
Bland Independent School District v. Bluegreen1 sentence2013Dist. v. Blue, 34 S.W.3d 547, 555 (Tex. 2000). 8 Sovereign immunity from suit bars actions against the state absent a legislative waiver, deprives a court of subject matter jurisdiction, and is therefore properly asserted in a plea to the jurisdiction. | 1 | 1 |
| Case | Negative | Cited |
|---|---|---|
| No negative-treatment citations attached to this issue in Texas. Read the followed side critically anyway. | ||
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.