Case law

Jonathan Davidson v. City of Stafford, Texas, et a

Court of Appeals for the Fifth Circuit · Mar 31, 2017

“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 … On the second prong of the qualified immunity defense, recent Supreme Court decisions addressing claims for excessive force have “reiterate[d] the longstanding principle that ‘clearly established law’ should not be defined

Brandy Hamilton v. Nathaniel Turner

Court of Appeals for the Fifth Circuit · Jan 17, 2017

Kindred moved for summary judgment, arguing that he was entitled to qualified immunity because at the time of the incident, bystander liability was not clearly established in the Fifth Circuit in cases not involving excessive … DISCUSSION We have jurisdiction to review a district court’s denial of qualified immunity “only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity

Wood v. Bexar County

Court of Appeals for the Fifth Circuit · Aug 6, 2025

A state official is entitled qualified immunity unless (1) the evidence demonstrates that his conduct violated a statutory or constitutional right; and (2) that right was “clearly established” at the time of the violation … Her malicious prosecution claim therefore fails the clearly-established prong of qualified immunity. _____________________ 7 Wood’s argument that she was arrested when a similarly situated individual—her

Prescott v. UTMB

73 F.4th 315 · Court of Appeals for the Fifth Circuit · Jul 10, 2023

Under 28 U.S.C. § 1915(b), this court may permit a party to proceed IFP on appeal if he establishes financial eligibility. … Abbott, Prescott asserted that the district court erred in holding that the defendants were entitled to immunity under the Eleventh Amendment because their immunity was abrogated under the American with Disabilities

Sapp v. Renfroe

511 F.2d 172 · Court of Appeals for the Fifth Circuit · Apr 11, 1975

Since we find Sapp's demand for compensatory damages, the only demand which has not been rendered moot by his graduation, to be barred by the qualified immunity of the Board, we affirm the judgment of the district court. … immunity which the members of the Board enjoy.

Alicia Correa v. Steve Fischer, and Willacy County

982 F.2d 931 · Court of Appeals for the Fifth Circuit · Feb 11, 1993

In analyzing the merits of Fischer’s motion for summary judgment on the basis of qualified immunity we must first determine whether the plaintiffs have sufficiently established a violation of a constitutional right. … If a constitutional violation is established, we must determine whether the right was clearly established at the time the violation occurred. Siegert v. Gilley, —U.S. —, 111 S.Ct. 1789, 1793 , 114 L.Ed.2d 277 (1991).

Alan Kimbrough McFadden v. Eddie Lucas

713 F.2d 143 · Court of Appeals for the Fifth Circuit · Sep 1, 1983

Thereafter, acting without service of process, the magistrate recommended that the claim of damages be denied because the defendants enjoyed qualified immunity from the plaintiff’s claim regarding grooming standards under … Bar nauskas, 598 F.2d 345, 347 (5th Cir.1979) (qualified immunity exists because of the “uncertain nature of the jurisprudence”).

Pigott v. Gintz

Court of Appeals for the Fifth Circuit · Dec 12, 2024

The doctrine of qualified immunity shields public officials from suit and liability under § 1983, “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person … , and giving no active resistance” violates clearly established law); Carroll v.

Providence Behavioral Health v. Grant Rd. Pub. Util. Dist.

902 F.3d 448 · Court of Appeals for the Fifth Circuit · Aug 28, 2018

protected by Eleventh Amendment sovereign immunity. 3 See Cozzo v. … To establish intentional discrimination based on a disability, Providence must prove by a preponderance of the evidence: “(1) that [Providence’s potential patients have] a qualifying disability; (2) that [Providence] is being

Vela v. White

703 F.2d 147 · Court of Appeals for the Fifth Circuit · Apr 18, 1983

Each Defendant, however, pleads the defense of qualified immunity. As to Byrd, the defense is clearly not available. … Under any circumstances, the Court is convinced that the officers would be entitled to a qualified immunity defense. The officers arrested Mrs.

Board of Regents of the University of Texas System ex rel. University of Texas v. Nippon Telephone & Telegraph Corp.

478 F.3d 274 · Court of Appeals for the Fifth Circuit · Feb 1, 2007

In this interlocutory appeal, NTT asserts: it is an “organ of a foreign state”, pursuant to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1603 (b)(2); and, therefore, it is entitled to immunity from federal (and … As stated, consideration of the guiding Kelly factors clearly favors concluding NTT is not an organ of Japan.

Pat S. Holloway v. Judge Dee Brown Walker, Judge Dee Brown Walker

765 F.2d 517 · Court of Appeals for the Fifth Circuit · Jul 18, 1985

IV A It is a well established rule that where a judge’s absolute immunity would protect him from liability for the performance of particular acts, mere allegations that he performed those acts pursuant to a bribe or conspiracy … Holloway urges that this proscriptive writ clearly deprived Walker of all jurisdiction and thus stripped him of judicial immunity from liability for these acts. We do not agree.

Hare v. City of Corinth, Miss.

74 F.3d 633 · Court of Appeals for the Fifth Circuit · Oct 13, 1994

Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has … City of Galveston14 to support their argument that they are entitled to qualified immunity unless the plaintiff established deliberate indifference is misplaced.

L & F Homes & Development, L.L.C. v. City of Gulfport

538 F. App'x 395 · Court of Appeals for the Fifth Circuit · Aug 7, 2013

Roundhill was, therefore, not qualified. … The district court held that the claim is barred by sovereign immunity. We agree.

Hare v. City of Corinth, Miss.

74 F.3d 633 · Court of Appeals for the Fifth Circuit · Jan 30, 1996

We vacate and remand for review of the claims of qualified immunity under the correct legal standard. I. … Hare, they are entitled to qualified immunity because their conduct did not violate any clearly established federal rights of which a reasonable officer would have known at the time of Ms. Hare’s suicide.

Wicks v. Mississippi State Employment Services

Court of Appeals for the Fifth Circuit · Jan 5, 1995

To overcome the immunity defense, the complaint must allege facts that, if proven, would demonstrate that Cook violated clearly established statutory or constitutional rights.12 Heightened … While Wicks does allege racial animus, an element of the prima facie case for his discrimination claim, he fails to allege any conduct of Cook that could be considered to "violate a clearly established statutory ... right

Sunflower County Colored Baptist Association v. Trustees of Indianola Municipal Separate School District

369 F.2d 795 · Court of Appeals for the Fifth Circuit · Dec 1, 1966

Rachel, et al., 384 U.S. 780 , 86 S.Ct. 1783 , 16 L.Ed.2d 925 (1966) but present a factual situation clearly controlled by City of Greenwood v. … The explicit terms of that section compelled the conclusion that ‘nonforcible attempts to gain admittance to or remain in establishments covered by the Act, are immunized from prosecution * * *.’ 379 U.S., at 311 [ 85 S.Ct

Petterway v. Veterans Administration Hospital

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. &

Von Derhaar v. Watson

Court of Appeals for the Fifth Circuit · Jun 2, 2026

Because Watson’s commands constitute a clearly established Fourth Amendment violation, we affirm the district court’s denial of qualified immunity (“QI”). I. … His conduct must have been objectively unreasonable in light of clearly established law.

Matthew Alexander v. Verizon Wireless Services, LL

875 F.3d 243 · Court of Appeals for the Fifth Circuit · Nov 13, 2017

A good faith belief in the existence of an emergency is therefore required for § 2702(c)(4) to qualify as the “statutory authorization” for § 2703(e)’s grant of immunity. … We have held that the “qualified” or “good faith” immunity that public officials whose positions entail the exercise of discretion enjoy is axiomatic in § 1983 cases. Saldana v.