Case law

Martinez v. City of Rosenberg

Court of Appeals for the Fifth Circuit · Dec 11, 2024

, “the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law.” 14 “The constitutional … Finally, because qualified immunity cases require us to linger in the details of an interaction and its distinctions from previous instances of excessive force, it is important to return to first principles.

United States v. Ramiro Gonzalez

559 F.2d 1271 · Court of Appeals for the Fifth Circuit · Sep 28, 1977

Guerrero was clearly “unavailable” under Fed.R.Evid. 804(a). “ ‘Unavailability as a witness’ includes situations in which the declarant ... (2) persists in refusing to testify concerning the subject matter of his statement … First, since he had been convicted and given immunity, Guerrero’s statement could not subject him to criminal liability.

Penny Corn v. MS Dept of Public Safety, et

954 F.3d 268 · Court of Appeals for the Fifth Circuit · Mar 26, 2020

Defendants moved for judgment on the pleadings for failing to state a First Amendment retaliation claim, Eleventh Amendment protection, and qualified immunity. … (“[I]t is well established that only upon a showing that Congress expressly intended to abrogate sovereign immunity may we bypass the sovereign immunity inquiry in suits against States or their agencies.”).

Hale v. Townley

19 F.3d 1068 · 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.

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

Michael Toney v. Rissie Owens

Court of Appeals for the Fifth Circuit · Mar 23, 2015

“The two-part inquiry into qualified immunity is first ‘whether a constitutional right would have been violated on the facts alleged,’ and second ‘whether the right was clearly established’ at the time of violation.’” … Accordingly, because Toney has not established a violation of his constitutional rights, the district court correctly granted qualified immunity to Appellees sued in their individual capacities.

Colle v. Brazos County, Tex.

981 F.2d 237 · Court of Appeals for the Fifth Circuit · Jan 19, 1993

We add that a county enjoys no § 1983 immunity regardless of any qualified immunity that might be afforded its officials. … Government officials are shielded by qualified immunity from liability for damages under § 1983 so long, but only so long, as their conduct has not violated "clearly established statutory or constitutional

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

Randy Williams v. Jacqueline Banks

956 F.3d 808 · Court of Appeals for the Fifth Circuit · Apr 23, 2020

After holding a hearing at which Williams testified, the magistrate judge granted summary judgment to the defendants on the basis of sovereign immunity and qualified immunity. … Although the magistrate judge dismissed these claims based on qualified immunity, “[we] may affirm the district court on any grounds supported by the record and argued in the court below.” 4 Prison officials “have a constitutional

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.

Michael Petzold v. Mike Rostollan

Court of Appeals for the Fifth Circuit · Dec 27, 2019

established statutory or constitutional law of which a reasonable person would have known.” 70 To rebut the qualified immunity defense, a plaintiff must show two things: (1) the allegations make out a violation, and (2) … the violation was “clearly established” at the time of the defendant’s conduct. 71 Defendants here properly invoked qualified immunity.

LeBeouf v. Manning

575 F. App'x 374 · Court of Appeals for the Fifth Circuit · Jul 15, 2014

immunity. … immunity.

Moore v. LaSalle Management

41 F.4th 493 · Court of Appeals for the Fifth Circuit · Jul 22, 2022

Finally, the district court erred in holding that Mitchell was entitled to qualified immunity. … They cannot point to a well-established history of common-law immunity from punitive damages because it doesn’t exist.

Wallace G. Frederick v. United States

386 F.2d 481 · Court of Appeals for the Fifth Circuit · Dec 18, 1967

If the sworn Answer did nothing else it clearly put in issue the statement in the SBA affidavit that no part of the debt had been paid except as fully credited. … United States, 216 F.2d 223 (5th Cir., 1954) to establish a rule in this circuit that in the absence of statutory waiver a sovereign does not waive sovereign immunity to any extent by filing suit.

Surgical Care Center v. Hospital Service District No. 1

153 F.3d 220 · Court of Appeals for the Fifth Circuit · Aug 27, 1998

Although subdivisions, because they are not sovereign, are not automatically immune, they nonetheless can claim immunity when they “demonstrate that [they are] engaging in the challenged activity pursuant to a clearly expressed … The court noted that restricting qualified doctors from practicing at the hospital “may or may not be a salutary result.

Wade v. Mississippi Cooperative Extension Service

528 F.2d 508 · Court of Appeals for the Fifth Circuit · Feb 24, 1976

MCES was ordered to adopt and implement an affirmative action program for hiring qualified blacks and to establish written, objective, nondiscriminatory standards for hiring clerical and initial professional applicants. … Regardless of the court’s decision as to the immunity of the various corporate defendants, the court must also consider whether any of the named individuals have the benefit of the qualified immunity given to public officials

Koehler v. United States

189 F.2d 711 · Court of Appeals for the Fifth Circuit · Jun 25, 1951

secured to him under the Constitution of the United States; namely, the right, privilege, or immunity to be secure in his person while in the custody of the State of Texas; the right, privilege and immunity not to be subjected … The second count of the information charged that on or about August 23rd and August 24th, 1949, appellant, Bruno Koehler, a duly elected, qualified and acting constable of Guadalupe County, Texas, acting under color of the

Amin v. United Parcel Service

66 F.4th 568 · Court of Appeals for the Fifth Circuit · Apr 27, 2023

Ct. 2508, 2514 (2002), the Supreme Court denied qualified immunity to prison officials who violated clearly established law when they handcuffed a prisoner 13 Case: 22 … Thus, the deprivation of bathroom breaks can give rise to constitutional liability against government officers, despite the protection of qualified immunity.

Surgical Care Center Of Hammond, L.C. v. Hospital Service District No. 1 Of Tangipahoa Parish

153 F.3d 220 · Court of Appeals for the Fifth Circuit · Aug 27, 1998

Although subdivisions, because they are not sovereign, are not automatically immune, they nonetheless can claim immunity when they "demonstrate that [they are] engaging in the challenged activity pursuant to a clearly expressed … The court noted that restricting qualified doctors from practicing at the hospital "may or may not be a salutary result.

Laura Sue Durrenberger Smith, and Martha Durrenberger McKnight Plaintiffs v. Gary Booth, District Director, I.R.S., and the United States of America

823 F.2d 94 · Court of Appeals for the Fifth Circuit · Jul 30, 1987

The IRS determined that only the Williamson County property qualified as a closely held business. … An exception to the bar of sovereign immunity cannot be established on the facts before us. III.