Martinez v. Harris Cnty.

12 Citing cases

  1. City of Houston v. Nicolai

    695 S.W.3d 489 (Tex. App. 2023)   Cited 2 times

    A court must measure the "good faith" requirement against a standard of objective legal reasonableness, without regard to the particular governmental employee’s subjective state of mind. Id.; see also Martinez v. Harris Cnty., 526 S.W.3d 557, 563 (Tex. App.— Houston [1st Dist.] 2017, no pet.) (governmental employee’s subjective state of mind or motive is irrelevant).

  2. City of Houston v. Nicolai

    No. 01-20-00327-CV (Tex. App. Mar. 31, 2022)   Cited 3 times

    A court must measure the "good faith" requirement against a standard of objective legal reasonableness, without regard to the particular governmental employee's subjective state of mind. Id.; see also Martinez v. Harris Cty., 526 S.W.3d 557, 563 (Tex. App.-Houston [1st Dist.] 2017, no pet.) (governmental employee's subjective state of mind or motive is irrelevant).

  3. Tex. Dep't of Pub. Safety v. Johnson

    No. 01-20-00397-CV (Tex. App. Aug. 18, 2022)   Cited 1 times

    The test for good faith is whether a reasonably prudent government employee operating in like circumstances could have believed that the need for the officer's actions outweighed a clear risk of harm to the public from those actions. Bonilla, 481 S.W.3d at 643; Martinez v. Harris Cnty., 526 S.W.3d 557, 562 (Tex. App.- Houston [1st Dist] 2017, no pet).

  4. Ortega v. Pean

    NO. 01-18-00249-CV (Tex. App. Apr. 11, 2019)   Cited 2 times

    The Texas common law doctrine of official immunity protects government employees from civil liability for conduct that otherwise would be actionable. Martinez v. Harris Cty., 526 S.W.3d 557, 562 (Tex. App.—Houston [1st Dist.] 2017, no pet.); Ramos v. Tex. Dep't of Pub. Safety, 35 S.W.3d 723, 726 (Tex. App.— Houston [1st Dist.] 2000, pet. denied). It is an affirmative defense that applies when government employees discharge discretionary duties in good faith and act within the course and scope of their authority.

  5. Harris Cnty. v. Bacilio

    No. 01-23-00517-CV (Tex. App. Aug. 13, 2024)

    The TTCA's personal liability requirement narrows the scope of the waiver by ensuring that when a governmental unit employee is immune from suit the governmental unit likewise remains immune from suit. See City of San Antonio v. Riojas, 640 S.W.3d 534, 537 (Tex. 2022) ("If [an] employee is protected from liability by official immunity, the employee is not personally liable to the claimant and the government retains its sovereign immunity under [Section 101.021(1)]."); Martinez v. Harris Cnty., 526 S.W.3d 557, 562 (Tex. App.- Houston [1st Dist.] 2017, no pet.).

  6. Harris Cnty. v. Mireles

    672 S.W.3d 663 (Tex. App. 2023)   Cited 5 times
    In Harris County v. Mireles, 672 S.W.3d 663 (Tex. App.-Houston [14th Dist.] 2023, pet. filed), the county sued Mireles for damages arising from a car accident involving Mireles and a Harris County Deputy Constable.

    ; Martinez v. Harris County , 526 S.W.3d 557, 562 (Tex. App.—Houston [1st Dist.] 2017, no pet.).

  7. Harris Cnty. v. Lopez

    665 S.W.3d 874 (Tex. App. 2023)   Cited 3 times

    We construe the pleadings liberally in favor of the plaintiff, look to the pleader's intent, and accept as true the factual allegations in the pleadings. See id. ; Martinez v. Harris County , 526 S.W.3d 557, 562 (Tex. App.—Houston [1st Dist.] 2017, no pet.) ; Quested , 440 S.W.3d at 279. When, as here, the governmental unit challenges the existence of jurisdictional facts, we consider relevant evidence submitted by the parties.

  8. The Port of Hous. Auth. v. Morales

    No. 14-21-00052-CV (Tex. App. Sep. 8, 2022)   Cited 2 times

    We construe the pleadings liberally in favor of the plaintiff, look to the pleader's intent, and accept as true the factual allegations in the pleadings. See id; Martinez v. Harris County, 526 S.W.3d 557, 562 (Tex. App.-Houston [1st Dist] 2017, no pet.); Quested, 440 S.W.3d at 279.

  9. City of Houston v. Sauls

    654 S.W.3d 772 (Tex. App. 2022)   Cited 10 times

    Therefore, an assessment of road, weather, and traffic conditions may be sufficient when the record does not indicate that other circumstances affected the risks that were not assessed. See id. ; Martinez v. Harris Cty. , 526 S.W.3d 557, 563 (Tex. App.—Houston [1st Dist.] 2017, no pet.) ; Harris Cty. v. Smyly , 130 S.W.3d 330, 335 (Tex. App.—Houston [14th Dist.] 2004, no pet.). Hewitt's affidavit provided, in relevant part, as follows:

  10. Houston v. Green

    No. 14-20-00190-CV (Tex. App. Jan. 11, 2022)   Cited 3 times
    In Green, the court concluded that the motorist raised a fact issue regarding whether the officer's conduct was reckless because the evidence supported an inference that the officer entered the partially obstructed intersection at issue in the dark, without his sirens, and against a red light, without stopping.

    See id.; Martinez v. Harris County, 526 S.W.3d 557, 562 (Tex. App.-Houston [1st Dist.] 2017, no pet.); Quested, 440 S.W.3d at 279.