Case law

Fernando Narro v. E. Edwards

Court of Appeals for the Fifth Circuit · Sep 23, 2020

immunity “shield[s] a government official from civil liability for damages based upon the performance of discretionary functions if the official’s acts were objectively reasonable in light of then clearly established … Narro to rebut the officers’ invocation of qualified immunity by establishing (1) that the officers violated a federal statutory or constitutional right and (2) that the unlawfulness of their conduct was “clearly

Kyle Shaw v. Karnes County, Texas

Court of Appeals for the Fifth Circuit · Mar 11, 2019

that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” 9 And vicarious liability doesn’t apply to Bivens and § 1983 suits. 10 … , Shaw has not appealed Phillips’ qualified immunity.

Society of Separationists, Inc. v. Guy Herman, Judge of the Travis County Court at Law

939 F.2d 1207 · Court of Appeals for the Fifth Circuit · Aug 28, 1991

of absolute immunity, Herman’s attempt to administer an affirmation is protected by qualified immunity, as the district court concluded. … We have held that [pjublic officials are ... immune from liability unless their conduct violates a clearly established constitutional or statutory norm, a question not necessarily answered by the certainty of the legal rule

Kaplan v. Clear Lake City Water Authority

794 F.2d 1059 · Court of Appeals for the Fifth Circuit · Jul 23, 1986

IMMUNITY Kaplan sued Burnett and Greytok in their individual capacities. This Court agrees with the district court’s conclusion that both Burnett and Greytok are entitled to qualified immunity. In Harlow v. … The conclusion that Greytok and Burnett are both entitled to qualified immunity makes it unnecessary to address the contentions that Greytok’s actions are shielded by absolute immunity and further shielded by the Noerr-Pen-nington

Henry v. Lake Charles American Press, L.L.C.

566 F.3d 164 · Court of Appeals for the Fifth Circuit · Apr 15, 2009

Aqueduct & Sewer Auth., 506 U.S. at 144–45 (Eleventh Amendment immunity); Mitchell, 472 U.S. at 527–30 (§ 1983 qualified immunity); Nixon, 457 U.S. at 743 (absolute executive immunity); Helstoski v. … A & M Univ., 804 F.2d 327, 332 (5th Cir. 1986) (Title VII qualified immunity).

Lewis v. Walley

Court of Appeals for the Fifth Circuit · Feb 23, 2026

The district court denied defendant’s motion for judgment on the pleadings for the Fourth Amendment search claim, thus denying Walley’s defense of qualified immunity (“QI”). … Qualified Immunity “The doctrine of [QI] protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statu- tory or constitutional rights of which a reasonable

United States v. Burzynski Cancer Research Institute

819 F.2d 1301 · Court of Appeals for the Fifth Circuit · Jun 25, 1987

seeking damages to show that qualified immunity does not bar recovery. 27 Dr. … Burzynski and in executing that warrant followed established constitutional procedures. They violated no norms of clearly established law.

Gene Barry v. Scott Freshour

905 F.3d 912 · Court of Appeals for the Fifth Circuit · Oct 4, 2018

On September 11, 2017, the defendants moved to dismiss, arguing (in pertinent part) that Barry lacked standing to raise his claims and that the state officials were entitled to qualified immunity. … The Zadeh panel still afforded the TMB officials qualified immunity protection, however, since the search’s illegality had not yet been clearly established at the time of the search. Id. at **6–7.

Hatfield v. Scott

306 F.3d 223 · Court of Appeals for the Fifth Circuit · Sep 11, 2002

A district court’s denial of qualified immunity on a motion for summary judgment is immediately appealable under the collateral order doctrine, however, if it is based on an issue of law. … Hatfield argues that we are limited to determining whether the district court properly denied qualified immunity to Scott without addressing the merits of the case.

Salas v. Carpenter

980 F.2d 299 · Court of Appeals for the Fifth Circuit · Dec 16, 1992

IV 21 As sheriff, Carpenter is entitled to qualified immunity from suit under section 1983 unless it is shown by specific allegations that he violated clearly established constitutional law. Anderson v. … unreasonable in light of clearly established law.

William Brinsdon v. McAllen Independent Sch Dist

Court of Appeals for the Fifth Circuit · Jul 3, 2017

To establish that qualified immunity does not apply, Brinsdon must prove that Santos or Cavazos (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … Second, the district court held that Santos and Cavazos were entitled to qualified immunity because how existing law applied to the facts was not clearly established.

Paul Fletcher v. Lewisville Indep Sch Dist

915 F.3d 360 · Court of Appeals for the Fifth Circuit · Feb 8, 2019

Qualified immunity is not implicated in this appeal, and the doc- trine does not speak to whether I.F. raised a genuine dispute of material fact on deliberate indifference to avoid summary judgment. … Therefore, the alleged fact that questions of qualified immunity are often resolved as a matter of law and that LISD cannot assert qualified immunity here, has no import in resolv- ing whether a district court may decide

Jay T. Brown v. Deputy Constable John Glossip

920 F.2d 322 · Court of Appeals for the Fifth Circuit · Jan 10, 1991

Holmes, 634 F.2d 263 (5th Cir.1981), Brown’s allegations are sufficient to controvert Glossip’s qualified immunity defense. … Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3037 , 97 L.Ed.2d 523 (1987), the “clearly established” legal rules as of the date of Glossip’s actions. The judgment of the district court is AFFIRMED.

Armstrong v. Ashley

60 F.4th 262 · Court of Appeals for the Fifth Circuit · Feb 15, 2023

The Law Enforcement Defendants Qualified immunity protects the Law Enforcement Defendants so long as their individual conduct did not violate clearly established constitutional rights. … When a defendant asserts qualified immunity, the burden is on the plaintiff to plead facts that show why immunity is inapplicable. See Waganfeald v. Gusman, 674 F.3d 475, 483 (5th Cir. 2012).

Susan Dugas, Gary M. Bougere v. The City of Harahan, Louisiana, Carlo F. Ferrara

978 F.2d 193 · Court of Appeals for the Fifth Circuit · Nov 27, 1992

We do not believe that a qualified privilege would provide adequate protection. ... … To this end, the Florida Supreme Court established the Board as an arm of the court to thoroughly screen Bar applicants.

Auster Oil & Gas, Inc. v. Stream

835 F.2d 597 · Court of Appeals for the Fifth Circuit · Jan 14, 1988

Qualified Immunity Appellants assert that they should have been allowed the defense of qualified immunity as a matter of law, because, as private parties acting under color of state law, they are entitled to the same immunity … This issue is legally distinct from that of qualified immunity. Folsom, 681 F.2d at 1037 . .

John C. Reeves v. City of Jackson, Mississippi

532 F.2d 491 · Court of Appeals for the Fifth Circuit · Jun 1, 1976

Whether any or all of the individuals have a qualified immunity, Wood v. Strickland, 1975, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 ; Scheuer v. … We again emphasize that we do not predict the liability of the city, or the range of the defenses, qualified or absolute, immunity open to it on the individuals in a § 1331 federal question constitutional claim.

Smith v. Linthicum

Court of Appeals for the Fifth Circuit · Oct 12, 2022

A “Qualified immunity shields public officials . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … App’x 394 (5th Cir. 2014) (per curiam), is unpublished and so “cannot be the source of clearly established law for qualified immunity analysis.” Salazar v.

BancPass, Inc. v. Highway Toll Administration, L.L.C.

863 F.3d 391 · Court of Appeals for the Fifth Circuit · Jul 13, 2017

As the Seventh Circuit observed, interlocutory double jeopardy cases are “so closely parallel to [qualified immunity] appeals that the principles are freely transferable .... ” Apostol v. … Proceedings masquerading as [qualified immunity] appeals but in fact not presenting genuine claims of immunity create still further problems. Id. at 1338-39 .

Coleman v. Houston Indep Sch

Court of Appeals for the Fifth Circuit · Jun 16, 1997

Instead, taking as given the facts assumed by the district court, Ellis claims that she is entitled to qualified immunity as a matter of law, because those assumed facts do not constitute a violation of clearly established … Gilley, 500 U.S. 226, 231 (1991), the Court emphasized that the threshold inquiry in a qualified immunity case is whether the plaintiff has sufficiently alleged the violation of a clearly established constitutional right