Case law

Robert G. Hart v. Kenneth Hairston Karl Thomas, Major Jimmy D. Craig

343 F.3d 762 · Court of Appeals for the Fifth Circuit · Oct 6, 2003

“The law of this circuit is clearly established ... that a prison official may not retaliate against ... an inmate ... for complaining to a supervisor about a guard’s misconduct.” Woods v. … Furthermore, Hairston was not entitled to qualified immunity because, as noted above, the right to be free from retaliation of the sort alleged by Hart was “clearly established” by the 1980s, see Woods, 60 F.3d at 1164 &

Palmer v. Lares

42 F.3d 975 · Court of Appeals for the Fifth Circuit · Jan 27, 1995

Hudson was not decided until 1992 and therefore was not established law until this time. 5 nevertheless entitled to qualified immunity if the officer's conduct was objectively … reasonable as measured by reference to clearly established law.

unempl.ins.rep. (Cch) P 22,063 Roger M. Saltz v. Tennessee Department of Employment Security, Texas Employment Commission, and Reece Albert, Inc.

976 F.2d 966 · Court of Appeals for the Fifth Circuit · Nov 10, 1992

Clearly the nature of the relief sought by Saltz would qualify as part of the Ex parte Young doctrine; but for some inexplicable reason Saltz has failed or refused to satisfy the other essential ingredient, i.e., suing individual … In his reply brief, Saltz attempts to avoid the Eleventh Amendment bar by asserting either that the relevant statutes establishing the unemployment compensation scheme contained express Congressional waivers of Eleventh Amendment

Lewis R. Daniel v. Wayne Ferguson

839 F.2d 1124 · Court of Appeals for the Fifth Circuit · Mar 17, 1988

Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982) (qualified immunity is available for official acts so long as official "does not violate clearly established statutory or constitutional rights … The district court found that Daniel *1127 failed to plead sufficiently detailed facts to overcome the qualified immunity defense available to these defendants. 4 .

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

Mi Familia Vota v. Ogg

105 F.4th 313 · Court of Appeals for the Fifth Circuit · Jun 20, 2024

In Behrens as to qualified immunity, the Supreme Court made its only clear recognition of a right to appeal the denial of an immunity when asserted as to fewer than all claims. … Fur- ther, a purpose of both sovereign immunity and qualified immunity is to pro- tect defendants from the burden, expense, and disruption of litigation.

Quadvest v. San Jacinto Riv Auth

7 F.4th 337 · Court of Appeals for the Fifth Circuit · Aug 3, 2021

LEXIS 21393, at *16–17; and (3) as our en banc court has observed, “Parker immunity is an inapt description, for its parentage differs from the qualified and absolute immunities of public officials. . . . … Anticompetitive conduct by a nonsovereign actor must be “clearly articulated and affirmatively expressed as state policy” to merit state-action immunity. Midcal, 445 U.S. at 105 (quoting La.

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.

Scotty Duhon v. Union Pacific Resources Company

43 F.3d 1011 · Court of Appeals for the Fifth Circuit · Feb 7, 1995

In this case, Union Pacific clearly should be treated as a domiciliary of Texas. … qualifies as an immunized statutory employer, 14 yet in this dispute, Carriere urges us to apply Texas law so that he can recover in *1020 tort against Grey Wolf; and finally if, by running Appellants’ claims simplistically

Jones v. City of Jackson

Court of Appeals for the Fifth Circuit · Feb 29, 2000

QUALIFIED IMMUNITY The first inquiry in examining a defense of qualified immunity asserted in a motion for summary judgment is whether the plaintiff has alleged “the violation of a clearly established constitutional … Qualified immunity applies unless: (1) the plaintiff alleges the violation of a clearly established constitutional right, and (2) the defendant

Jones v. Collins

Court of Appeals for the Fifth Circuit · Feb 2, 1998

First, if the official’s conduct did not violate a clearly established constitutional right, the official is entitled to qualified immunity. See Nerren v. … Second, even if the official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.

Nerren v. Livingston Police

Court of Appeals for the Fifth Circuit · Jun 20, 1997

QUALIFIED IMMUNITY [4] Assessing the defense of qualified immunity is a two-step process. … [FN27] Thus, Nerren has cleared the first hurdle of qualified immunity: Under currently applicable law, Nerren has alleged a violation of a clearly established right. FN27.

Foster v. Woods

686 F. App'x 292 · Court of Appeals for the Fifth Circuit · Apr 20, 2017

The district court granted summary judgment for the sheriff on the basis of qualified immunity, and the plaintiff appealed. We AFFIRM. … A plaintiff overcomes the immunity if he can show: “(1) that he has alleged a violation of a clearly established constitutional right, and (2) that the defendant’s conduct was objectively unreasonable in light of clearly

Prim v. Deputy Stein

6 F.4th 584 · Court of Appeals for the Fifth Circuit · Jul 27, 2021

We agree that the officers are entitled to qualified immunity. “A warrantless arrest must be based on ‘probable cause.’ … Even if the officers lacked probable cause for the Prims’ arrests, “[q]ualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established

Castillo v. City of Weslaco

388 F.3d 464 · Court of Appeals for the Fifth Circuit · Oct 13, 2004

Finding that the Officers sufficiently alleged a violation of clearly established federal law, the district court denied the Appellants’ motion for summary judgment asserting qualified immunity and scheduled the case for … Ct. 2806 (1985) (authorizing interlocutory appeal from the “denial of a claim of qualified immunity”).

Amanda Culbertson v. Pat Lykos

790 F.3d 608 · Court of Appeals for the Fifth Circuit · Jun 22, 2015

Even if that is so, Palmer argues she is entitled to qualified immunity because, in light of Beattie, the law was not clearly established that a mere recommendation of termination to a higher authority who makes the final … “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

Jefferson Community Health Care Centers, Inc. v. Jefferson Parish Government

849 F.3d 615 · Court of Appeals for the Fifth Circuit · Feb 24, 2017

Legislative Immunity and Privilege The Parish contends that JCHCC’s claims are all barred by legislative immunity and privilege. … “While the common-law legislative immunity for state legislators is absolute, the legislative privilege for state lawmakers is, at best, one which is qualified.”

Evans v. City of Bishop

238 F.3d 586 · Court of Appeals for the Fifth Circuit · Feb 8, 2001

SOVEREIGN IMMUNITY DOES NOT BAR ADEA CLAIM Bishop asserts that Evans’s ADEA claim is barred because the ADEA has recently been held to be an invalid abrogation of a state’s sovereign immunity. … Rogers further maintained that he believed Villarreal was the best-qualified applicant.

Doe Ex Rel. Doe v. Rains County Independent School District

76 F.3d 666 · Court of Appeals for the Fifth Circuit · Mar 1, 1996

This related interlocutory appeal focuses on the district court's order (a) denying qualified immunity to the school principal, Clopton, in his individual capacity under federal and state law; (b) denying qualified immunity … Houston Independent School District, 51 F.3d 48 (5th Cir.1995), in which this court also upheld a qualified immunity defense of a school principal.

8 Fair empl.prac.cas. 153, 8 Empl. Prac. Dec. P 9437 Bob S. Petterway v. The Veterans Administration Hospital, Houston, Texas, and Dr. John W. Chaiborne, Jr., Individually, Etc.

495 F.2d 1223 · Court of Appeals for the Fifth Circuit · Jun 12, 1974

Blount makes it clear that injunctive relief is barred by sovereign immunity. 3 On the other hand, it was stated that a claim for reinstatement is in the nature of mandamus and thus not barred by sovereign immunity. 461 F … Clearly, federal employees properly alleging racially discriminatory practices in federal employment subsequent to this legislation have available both administrative and judicial avenues of relief. 1972 U.S.Code Cong. &