Case law

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

Morin v. Moore

309 F.3d 316 · Court of Appeals for the Fifth Circuit · Oct 23, 2002

The defendants filed a motion to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6), as well as on qualified immunity grounds. … The Donald Morin plaintiffs filed a timely notice of appeal from the portion of the judgment dismissing their § 1983 claims and upholding the qualified-immunity defense.

Linda Page, Cross-Appellee v. Kathryn A. Delaune, Cross-Appellants

837 F.2d 233 · Court of Appeals for the Fifth Circuit · Feb 12, 1988

If the right was not “clearly established," De-Laune and her superiors are covered by qualified immunity. Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). … The minimal requirement of some notice was “clearly established” by 1982 and has been reiterated many times since. DeLaune, Turner, and Bradley cannot, therefore, appeal to qualified immunity.

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

Swindle v. Livingston Parish School Board

662 F.3d 328 · Court of Appeals for the Fifth Circuit · Nov 2, 2011

established for purposes of qualified immunity. … This school official acted reasonably and did not contravene any clearly established law. The panel’s denial of qualified immunity is serious error. IV. Conclusion.

Apter v. Dept of Health & Human Svc

80 F.4th 579 · Court of Appeals for the Fifth Circuit · Sep 1, 2023

determined rights, produced obligations, or caused legal consequences.”85 The Doctors respond that “legally binding effects are not necessary to render agency action ‘final’ . . . when the action in question is clearly … After all, “clearly outside the agency’s statutory authority” is a pretty good definition of ultra vires.

Harold T. Tarter v. James Hury

646 F.2d 1010 · Court of Appeals for the Fifth Circuit · Jun 1, 1981

They have absolute immunity from actions for damages arising from acts they are specifically required to do under court order or at a judge’s direction, and only qualified immunity from all other actions for damages. … This Court has taken a dim view of dismissing a plaintiffs claims on the ground of either absolute or qualified immunity without conducting a hearing. Slavin v. Curry, 5 Cir. 1978, 574 F.2d 1256, 1262 .

Daniel R. Rutherford and Linda D. Rutherford v. United States of America, District Director of the Internal Revenue Service and Marvin Kuntz

702 F.2d 580 · Court of Appeals for the Fifth Circuit · Apr 11, 1983

Kuntz’ “conduct violated clearly established constitutional rights of which a reasonable person should have known,” Harlow v. … established that immunity would not attach.

Mangattu v. M/V Ibn Hayyan

35 F.3d 205 · Court of Appeals for the Fifth Circuit · Oct 14, 1994

In order to qualify for treatment as a foreign state, UASC must meet all three requirements under § 1603(b). There is no dispute that Appellee satisfies (b)(1). … The plain words of the statute clearly preclude reading the language of §§ 1605 and 1606 to control the issue in this case.

Elliott v. Lynn

38 F.3d 188 · Court of Appeals for the Fifth Circuit · Nov 16, 1994

Lynn included in his motion for summaiy judgment a claim of qualified immunity. Although the district court did not consider qualified immunity in its judgment, the parties include this issue for review on appeal. . … Finally, disposing of this case on the merits renders moot any further issues concerning qualified immunity.

Atteberry v. Nocona General Hosp

Court of Appeals for the Fifth Circuit · Jan 23, 2006

Objectively Unreasonable “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing … For a plaintiff to establish objective unreasonableness and overcome a qualified immunity defense, he must satisfy two inquiries.

Sinclair v. Fontenot

Court of Appeals for the Fifth Circuit · May 25, 2000

Fontenot argues that Sinclair’s right of access to the court was not clearly established, entitling Fontenot to qualified immunity for a claim of retaliation. … to file this suit was clearly established in 1994, on the other hand uses post-1994 caselaw to reject Fontenot’s qualified immunity arguments.

Cantu v. Rocha

Court of Appeals for the Fifth Circuit · Feb 28, 1996

Ct. 2727, 2738 (1982) (whether an official is entitled to qualified 17 immunity depends on the "objective legal reasonableness" of the official's action as measured by clearly established … CONCLUSION Defendants Rocha and Salazar are entitled to qualified immunity from Cantu's federal law claims because Cantu failed to alleged violation of a clearly established federal right.

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.

Brady v. Fort Bend County

Court of Appeals for the Fifth Circuit · Jul 13, 1995

Furthermore, the Fifth Circuit does not permit Sheriff Molina to refer to the views of the other circuits to establish that these prohibitions were not "clearly established." … "Our inquiry [into what is clearly established law] ends, if we find from examining the decisions of the Supreme Court and our own decisions that the law was clearly established in this circuit." Boddie v.

United States v. Robert H. Bourgeois and Richard H. Crowe, Jr.

950 F.2d 980 · Court of Appeals for the Fifth Circuit · Feb 12, 1992

In light of the evidence presented at the pretrial hearing, we cannot say that this factfinding is clearly erroneous. … We do not believe that the judge’s decision not to qualify Walker as a handwriting expert was clearly erroneous.

Doe v. Covington County School District

649 F.3d 335 · Court of Appeals for the Fifth Circuit · Aug 5, 2011

Qualified Immunity As the Supreme Court recently reiterated, “The doctrine of qualified im *353 munity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. 63 We hold today that the alleged facts do indeed make out a violation of Jane’s substantive due-process

Hutcheson v. Dallas County, TX

994 F.3d 477 · Court of Appeals for the Fifth Circuit · Apr 12, 2021

The district court converted the part of the defendants’ motion raising the defense of qualified immunity (“QI”) to a motion for summary judgment, then invited the plaintiffs to move for limited discovery. … of clearly established law at the time of the violation.”

Club Retro LLC v. Hilton

Court of Appeals for the Fifth Circuit · Jun 8, 2009

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Id.4 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable 4 In Pearson, 129 S.

Fiesel v. Cherry

294 F.3d 664 · Court of Appeals for the Fifth Circuit · Jun 13, 2002

The district court next determined that the defendants were entitled to qualified immunity because they acted objectively reasonably. … error to find that the appellees were entitled to qualified immunity.