Case law
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47 F.3d 1427 · Court of Appeals for the Fifth Circuit · Mar 9, 1995
Justice Scalia’s opinion for the Court turned to the element of “clearly established law.” … applicable law is and whether it was clearly established when the action occurred.
Cited 462 timesPublished341 F.3d 385 · Court of Appeals for the Fifth Circuit · Jul 30, 2003
alleged the violation of a clearly established federal constitutional right. … The plaintiff's showing of a violation of a clearly established constitutional right is a “prerequisite” to overcoming the qualified immunity defense; failure to do so obviates the need to address the
Cited 30 timesPublished986 F.2d 1419 · Court of Appeals for the Fifth Circuit · Feb 17, 1993
Cited 3 timesPublished674 F.3d 475 · Court of Appeals for the Fifth Circuit · Mar 12, 2012
light of clearly established law at the time of the violation.”21 A defendant violates clearly established law only if “the contours of [the] right are sufficiently clear that every reasonable official would have understood … established law, so the district court should have granted him judgment as a matter of law on qualified immunity. 27 McCoy v.
Cited 35 timesPublishedPrice v. Federal Express Corp.
283 F.3d 715 · Court of Appeals for the Fifth Circuit · Mar 12, 2002
Second, he argues that by presenting evidence that he is clearly better qualified than Paone, he has effectively established pretext. … clearly))more qualified for the subject job.”
Cited 298 timesPublished31 F.4th 925 · Court of Appeals for the Fifth Circuit · Apr 19, 2022
“But, to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id. … And even putting all of this aside, one central problem remains: To overcome qualified immunity, Plaintiffs (and the panel majority) must demonstrate that the constitutional violation here was clearly established.
Cited 25 timesPublishedMartinez v. Texas Workforce Commission-Civil Rights Division
775 F.3d 685 · Court of Appeals for the Fifth Circuit · Dec 30, 2014
We have held that a plaintiff may establish pretext by demonstrating that he was “clearly better qualified” such that “the qualifications are so widely disparate that no reasonable employer would have made the same decision … Indeed, an employee’s “better education, work experience, and longer tenure with the company do not establish that he is clearly better qualified.” Price, 283 F.3d at 723.
Cited 28 timesPublished227 F.3d 316 · Court of Appeals for the Fifth Circuit · Sep 27, 2000
as to how long the de- unreasonable excessive force in light of clearly fendants held Gutierrez on the ground, how established law. … summary established right has been violated judgment on their qualified immunity defenses.
Cited 198 timesPublished987 F.2d 1110 · Court of Appeals for the Fifth Circuit · Mar 25, 1993
As a police officer, Rainey is immune from both suit and liability unless it is shown that, at the time of the incident, he violated a clearly established constitutional right. Salas v. … objectively reasonable in light of clearly established law in 1987.
Cited 129 timesPublished659 F.3d 359 · Court of Appeals for the Fifth Circuit · Sep 27, 2011
not clearly established, we address step two of the qualified-immunity inquiry first. … IV We hold today that the principals are entitled to qualified immunity because clearly established law did not put the constitutionality of their actions beyond debate.
Cited 623 timesPublishedMartha Romero v. City of Grapevine, Texas
888 F.3d 170 · Court of Appeals for the Fifth Circuit · Apr 20, 2018
. § 1983 on the basis of qualified immunity. For the reasons stated below, we AFFIRM. … because the right, defined at a fact specific level, was not clearly established at the time of the violation.
Cited 171 timesPublishedEric Darden v. City of Fort Worth, Texas
880 F.3d 722 · Court of Appeals for the Fifth Circuit · Jan 24, 2018
The district court determined that the officers had not violated clearly established law and were thus entitled to qualified immunity. … Once an official pleads qualified immunity, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly
Cited 295 timesPublishedJames McCreary v. Jeffery Richardson
738 F.3d 651 · Court of Appeals for the Fifth Circuit · Oct 7, 2013
of particular conduct is clearly established.” … As this court has noted, an official: does not lose qualified immunity merely because a certain right is clearly established in the abstract.
Cited 58 timesUnpublishedMichael Bourne v. Michael Gunnels
921 F.3d 484 · Court of Appeals for the Fifth Circuit · Apr 16, 2019
Humphrey, 512 U.S. 477 (1994), and its progeny, or, alter- natively, (3) defendants are entitled to qualified immunity (“QI”) from his claims because he did not establish a constitutional violation. … “A qualified immunity defense alters the usual summary judgment bur- den of proof.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).
Cited 83 timesPublished47 F.4th 271 · Court of Appeals for the Fifth Circuit · Aug 24, 2022
It granted Huffman qualified immunity, concluding that Harris did not prove that the sheriff’s actions violated clearly established law. … The second is whether that right is “clearly established.” Id.
Cited 10 timesPublishedUnited States v. Michael Wright
697 F.3d 306 · Court of Appeals for the Fifth Circuit · Oct 1, 2012
Because the district court awarded Amy nothing, it therefore clearly and indisputably erred. … proximate cause) with McGarity, 669 F.3d at 1267-70 (concluding that proximate cause was not established), Aumais, 656 F.3d at 154-55 (same), and Kennedy, 643 F.3d at 1263-65 (same). .
Cited 6 timesPublishedWordy Jack Thompson, Jr. v. Judge Charles O. Betts
754 F.2d 1243 · Court of Appeals for the Fifth Circuit · Mar 11, 1985
Civ.P. 54(b). 1 It is well established that, “[i]n the absence of a certification by the district court that meets these two requirements, a partial disposition of a multi-claim or multi-party action does not qualify as a … Moore, 744 F.2d 1179, 1183-86 (5th Cir.1984) (holding that denial of claim of qualified immunity is not immediately appealable since it is designed to provide a lesser measure of protection).
Cited 99 timesPublished977 F.2d 924 · Court of Appeals for the Fifth Circuit · Jan 15, 1993
Liberda appeals certain jury instructions and Britt reasserts the affirmative defense of qualified immunity. We find that Britt is enti-tied to qualified immunity. … Qualified Immunity — Britt Britt answers Liberda’s Section 1983 claims with the affirmative defense of qualified immunity. Qualified immunity determinations implicate a multi-faceted framework.
Cited 176 timesPublishedBlackwell v. St Charles Parish
275 F. App'x 363 · Court of Appeals for the Fifth Circuit · Apr 24, 2008
Qualified Immunity The defense of qualified immunity shields government officials performing discretionary functions from civil liability “‘insofar as their conduct does not violate clearly established . . . constitutional … Thus, Plaintiffs have failed to establish that Laque’s actions were unreasonable in light of clearly established law and he is entitled to qualified immunity on this claim.
Cited 18 timesUnpublished623 F.3d 249 · Court of Appeals for the Fifth Circuit · Oct 7, 2010
The qualified immunity defense has two prongs: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation. Manis v. … To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. Brown v.
Cited 449 timesPublished
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