Case law

Cousin v. Small

325 F.3d 627 · Court of Appeals for the Fifth Circuit · Mar 27, 2003

qualified immunity. … good faith pleads that it is entitled to absolute or qualified immunity.” Beck v. Tex. Bd. of A.

Sanders-Burns v. City of Plano

594 F.3d 366 · Court of Appeals for the Fifth Circuit · Jan 14, 2010

Further, in his answer to this complaint, Cabezuela asserted the defense of qualified immunity—a defense that is only relevant to individual capacity claims. … In the alternative, he will show that he is entitled to qualified immunity from the Plaintiff’s and Ms.

Tatro v. Texas

703 F.2d 823 · Court of Appeals for the Fifth Circuit · Apr 25, 1983

That the EAHCA creates enforceable rights to “special education and related services” was clearly established in Board of Education v. Rowley,-U.S.-, 102 S.Ct. 3034, 3048-49 , 73 L.Ed.2d 690 (1982). … The record does not clearly establish whether, in fact, the school district’s ECD *831 classes are for handicapped students only.

Stefanoff v. Hays County, Texas

Court of Appeals for the Fifth Circuit · Sep 24, 1998

An official is not entitled to qualified immunity if, at the time the challenged action occurred, the federal law proscribing it was clearly established not only as an abstract matter but also in a more particularized … In order to overcome Hastings’s claim of qualified immunity, Stefanoff must specifically allege the violation of a clearly established constitutional right. See Seigert v. Gilley, 500 U.S. 226, 233 (1991).

Gentilello v. Rege

627 F.3d 540 · Court of Appeals for the Fifth Circuit · Dec 21, 2010

Defendants violated a clearly established right as required to overcome their qualified immunity defense. … A public official performing a discretionary function is entitled to qualified immunity in a civil action for damages, provided his conduct does not “violate clearly established federal statutory or constitutional rights

Tatro v. State Of Texas

703 F.2d 823 · Court of Appeals for the Fifth Circuit · Apr 25, 1983

The record does not clearly establish whether, in fact, the school district's ECD classes are for handicapped students only. … Lacking judicial capacity, the State Board had no judicial immunity

Mace v. City of Palestine

Court of Appeals for the Fifth Circuit · Jun 24, 2003

Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right. Harlow v. … properly believe that the use of deadly force . . . would not violate a clearly established constitutional right.”

Kipps v. Caillier

Court of Appeals for the Fifth Circuit · Mar 15, 2000

An issue was raised with respect to the panel majority's qualified immunity analysis. … of a clearly established constitutional right, but then in the end, return to the actual holding of the original opinion that: The defendants are entitled to qualified immunity because their conduct

Kennedy v. Tangipahoa Parish Library Board of Control

224 F.3d 359 · Court of Appeals for the Fifth Circuit · Aug 21, 2000

Qualified Immunity The district court granted Sledge’s motion for summary judgment on grounds of qualified immunity. … reasonable manner in light of Kennedy’s clearly established rights.

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.

Texas v. Kleinert

855 F.3d 305 · Court of Appeals for the Fifth Circuit · Apr 20, 2017

, but whether the conduct itself, according to qualified immunity principles, was constitutionally reasonable. … The State neglected to urge the district court to adopt this qualified immunity-like standard, presenting it for the first time on appeal.

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

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.

Hale v. Townley

Court of Appeals for the Fifth Circuit · Feb 6, 1995

If disputed factual issues material to qualified immunity are present, the district court's denial of summary judgment sought on the basis of qualified immunity is not appealable. … An official's conduct is protected by qualified immunity if, in light of legal rules that were clearly established at the time of the action, it was objectively reasonable.

Estate of Cervin v. Commissioner

200 F.3d 351 · Court of Appeals for the Fifth Circuit · Jan 24, 2000

Rather, petitioners’ taxpayers had failed to establish such attorney apparently possessed skill in several attorney’s limited availability in that case. … While this holding is in conflict with Jean, it is consistent with Cassuto and is correct as a matter of statutory interpretation and in light of the principle of sovereign immunity.

Kling v. Hebert

60 F.4th 281 · Court of Appeals for the Fifth Circuit · Feb 17, 2023

Without any dispute from Kling or evidence submitted in rebuttal, we cannot say the district court clearly erred in its jurisdictional fact finding. … Magnolia Hosp., 92 F.3d 248, 257 (5th Cir. 1996) (affirming reinstatement to different registered nurse position because plaintiff was qualified).

Aleashia Clarkston v. John White

943 F.3d 988 · Court of Appeals for the Fifth Circuit · Dec 4, 2019

White moved for summary judgment, asserting, inter alia, the defense of qualified immunity (“QI”). … We conclude, at the second prong, that the right at issue was not clearly established, so White is entitled to QI.

Peggy L. Thorne, Plaintiff-Appellee-Cross-Appellant v. Major "a.b." Jones, Defendants-Appellants-Cross Richard Eugene Thorne v. Major "a.b." Jones, Richard James Thorne v. Ross Maggio, Scott Allen Thorne v. Ross Maggio

765 F.2d 1270 · Court of Appeals for the Fifth Circuit · Jul 22, 1985

Qualified Immunity 36 Finally, LSP contends that the trial court erred in rejecting the individual defendants' defenses of qualified, or "good faith," immunity from liability for money damages. Under Harlow v. … Whether an official may prevail in his qualified immunity defense depends upon the 'objective reasonableness of [his] conduct as measured by reference to clearly established law.'

Benson v. St. Joseph Regional Health Center

575 F.3d 542 · Court of Appeals for the Fifth Circuit · Jul 10, 2009

The district court, granted summary judgment with respect to the state claims on qualified immunity grounds and granted summary judgment with respect to a federal antitrust claim for a reason other than qualified immunity … Once the entry of judgment has occurred, it is proper to deny leave to amend “where the party seeking to amend has not clearly established that he could not reasonably have raised the new matter prior to the trial court’s

United States v. Ramos

537 F.3d 439 · Court of Appeals for the Fifth Circuit · Jul 29, 2008

All agree that this failure to report was a violation of clearly-established Border Patrol policy. Nor did the defendants report that they had been threatened by Aldrete-Davila. … In the defendants’ view, the immunity agreement with Aldrete-Davila clearly immunizes from prosecutorial use against Aldrete-Davila any and all testimony that he might give in the trial, including testimony relating to crimes