Case law

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

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.

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.

Martin v. Halliburton

601 F.3d 381 · Court of Appeals for the Fifth Circuit · Mar 23, 2010

Forsyth, 472 U.S. 511 , 105 S.Ct. 2806 , 86 L.Ed.2d 411 (1985),] clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a 'final' judgment … Fitzgerald, 457 U.S. 731, 742 , 102 S.Ct. 2690 , 73 L.Ed.2d 349 (1982), qualified immunity under 42 U.S.C. § 1983 , Mitchell, 472 U.S. at 530 , 105 S.Ct. 2806 , a state’s claim of Eleventh Amendment immunity, P.R.

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.

Audry Releford, Jr. v. City of Houston

Court of Appeals for the Fifth Circuit · Mar 10, 2017

“Where factual disputes exist in an interlocutory appeal asserting qualified immunity, we accept the plaintiff’s version of the facts as true.” 3 To the extent that Rosemon argues that he is entitled to qualified immunity … The Supreme Court established in 1985 that “[a] police officer may not seize an unarmed, nondangerous suspect by shooting him dead.” 4 To the extent that Rosemon argues that he is entitled to qualified immunity under

McClendon v. City of Columbia

285 F.3d 1078 · Court of Appeals for the Fifth Circuit · Nov 8, 2002

Detective Carney alternatively argued that he was entitled to qualified immunity from the suit because the unlawfulness of his actions was not clearly established as of July 12, 1993. … To resolve this apparent conflict between Melear and Shipp, we look to the Supreme Court’s qualified immunity cases addressing what constitutes clearly established law.

Sterling v. City of Jackson

Court of Appeals for the Fifth Circuit · Nov 17, 2025

Qualified Immunity Qualified immunity shields officials from civil liability if their conduct does not violate clearly established rights. Pearson v. Callahan, 555 U.S. 223, 231 (2009). … established’ prong of the qualified immunity standard to be realized.”

Tomas Garza v. Fidencio Briones

943 F.3d 740 · Court of Appeals for the Fifth Circuit · Nov 25, 2019

The district court granted summary judgment to defendants, finding that they were entitled to qualified immunity (“QI”). We affirm. I. … Government officials “are enti- tled to qualified immunity . . . unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was clearly established at the time.”

Tamez Ex Rel. Estate of Tamez v. Manthey

589 F.3d 764 · Court of Appeals for the Fifth Circuit · Dec 7, 2009

.2 2 Appellees did not move for summary judgment on the basis of qualified immunity. … The detectives’ knowledge that Tamez th scope of clearly established law [for qualified immunity purposes],” but a plaintiff responding to the defense of qualified immunity must also show “that all reasonable officials

Shawn Stauffer v. Marna Gearhart

741 F.3d 574 · Court of Appeals for the Fifth Circuit · Jan 24, 2014

Defendants are also immune from damages in their individual capacity because they did not violate Stauffer’s clearly established constitutional rights. … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established

Shanks v. Alliedsignal, Inc.

169 F.3d 988 · Court of Appeals for the Fifth Circuit · Mar 30, 1999

City of San Marcos, 62 F.3d 123, 125 (5th Cir. 1995) (assessing whether a defendant may appeal an interlocutory order denying a motion for summary judgment based on state law qualified immunity). … —Eastland 1987, no writ) (finding that although absolute immunity would apply to libel or slander claims, only qualified immunity would apply to cause of action for tortious interference).

Springboards v. McAllen Indep School

62 F.4th 174 · Court of Appeals for the Fifth Circuit · Mar 8, 2023

The doctrine of sovereign immunity was firmly established in the English common law by the thirteenth century. Clyde E. … In sum, it’s clear that incorporated entities or entities with sue-and- be-sued clauses did not qualify as “the State” for purposes of sovereign immunity at the Founding.

Jerry Lynn Young v. Neil B. Biggers, Jr., J.W. Collins

917 F.2d 873 · Court of Appeals for the Fifth Circuit · Nov 6, 1990

As police officers, they are entitled only to á *878 qualified or a “good faith” immunity. … Public officers “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Lynch v.

No. 05-51418

489 F.3d 628 · Court of Appeals for the Fifth Circuit · Jun 13, 2007

Rotunda, like Grauer and Morgan, asserted that he was entitled to qualified immunity for any actions the court found were not protected by absolute immunity. … Lyford, 243 F.3d 185, 191 (5th Cir.2001) (awarding a defendant qualified immunity though the district court granted him absolute immunity and thus did not address qualified immunity). E.

Estep v. Dallas County, TX

Court of Appeals for the Fifth Circuit · Nov 13, 2002

If the officer violated a clearly established right, he is stripped of qualified immunity. Id. at 201-02. A. … established and the officer retains qualified immunity.

Lavelle Evans v. Lorie Davis, Director

875 F.3d 210 · Court of Appeals for the Fifth Circuit · Nov 9, 2017

There, it held that an officer was not entitled to qualified immunity when the warrant provided no description of the items to be seized. Groh, 540 U.S. at 554, 563–64. … While Groh addressed the standard for qualified immunity in a Bivens action, the Court specified that if the case had arisen in the exclusionary rule context, the good-faith exception would not apply because both qualified

Delmar Dennis v. Glen Warren, Individually And, Scott County Sheriff

779 F.2d 245 · Court of Appeals for the Fifth Circuit · Dec 30, 1985

Second, they claim that they were entitled to qualified immunity, and that in any case Warren is liable not individually but only in his official capacity as sheriff. … Kelly now argues that he acted in good faith and is entitled to the defense of qualified immunity.

Dr. Alvin I. Thomas, Cross-Appellant v. Eristus Sams, Individually and as Mayor of Prairie View, and City of Prairie View, Defendant-Cross-Appellee

734 F.2d 185 · Court of Appeals for the Fifth Circuit · Sep 17, 1984

“[Gjovernment officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … While Harlow adopted an exclusively objective test for imposing liability, it did not qualify an official’s liability for injury resulting from deliberate and malicious acts that violate clearly established statutory or constitutional

Newton v. Black

133 F.3d 301 · Court of Appeals for the Fifth Circuit · Jan 13, 1998

Accordingly, Lieutenant Brewer is entitled to qualified immunity. B. 78 On cross-appeal, Newton presents two issues. … Newton falls far short of demonstrating that those findings were clearly erroneous.