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In any case where a government official raises a defense of governmental immunity, a key legal question is whether the plaintiff’s pleadings successfully allege
ultra vires conduct that the government official acted without legal authority, or failed to perform a purely ministerial act. A just-issued opinion, involving claims against Dallas County Sheriff Marian Brown relating to her response to COVID-19, provides a useful precedent on immunity for governmental officials whose responsibilities involve exercising discretionary powers.
Background
On May 5, 2021, the Fifth Court of Appeals filed its opinion in