Case law

Thomas Stokes v. Euda Delcambre, as Sheriff of Vermillion Parish

710 F.2d 1120 · Court of Appeals for the Fifth Circuit · Aug 1, 1983

Qualified Immunity Defendants contend that the trial court erred in denying their motion for directed verdict for the reason that their defense of qualified immunity was sound as a matter of law. … The court effectively created a two level progressive inquiry: (1) Was the law clearly established at the time?

Doe Ex Rel. Doe v. Dallas Independent School District

153 F.3d 211 · Court of Appeals for the Fifth Circuit · Sep 18, 1998

The district court therefore granted summary judgment in favor of Patrick, finding that she was entitled to qualified immunity. … immunity.

Coleman v. Dretke

395 F.3d 216 · Court of Appeals for the Fifth Circuit · May 31, 2005

The dissent claims that application of Vitek to sex offender conditions cannot be clearly established under AEDPA because courts have found that the law in this area is not clearly established for purposes of qualified … For qualified immunity purposes, law is clearly established if it would be clear to a reasonable official that her conduct was unlawful in the situation she confronted. 6 Saucier

Daniel Frias v. Arturo Torrez

Court of Appeals for the Fifth Circuit · May 14, 2015

It postponed ruling on qualified immunity until the summary judgment phase. In response to Torrez’s summary judgment motion, the court held definitively that Torrez does not have qualified immunity. … material facts, the agents have qualified immunity.

Milligan v. City of Slidell

226 F.3d 652 · Court of Appeals for the Fifth Circuit · Sep 27, 2000

DISCUSSION 5 Qualified immunity shields public officials, like the officers here, from damages actions unless their conduct was unreasonable in light of clearly established law. See Elder v. … In a qualified immunity case, a court often initially decides whether the facts establish a violation of a constitutional right at all. See Wilson v.

United States v. Thomas

240 F.3d 445 · Court of Appeals for the Fifth Circuit · Jan 24, 2001

McKnight, 521 U.S. 399 (1997), in which CCA corrections officers were held not entitled to claim qualified immunity from 42 U.S.C. § 1983 civil rights actions. … Those purposes did not support qualified immunity being accorded private prison guards because, inter alia, “marketplace pressures provide the private firm with strong incentives to avoid overly timid, insufficiently

Folsom Investment Co. v. Moore

681 F.2d 1032 · Court of Appeals for the Fifth Circuit · Aug 6, 1982

He suggested as a possibility the qualified immunity presently available to state officials. Id. Justice Powell, in a dissent concurred in by two other justices, agreed with Justice White’s suggestion of an immunity. … We hold that a private party who attempts to secure rights under a presumptively valid attachment statute may establish that he is immune from monetary damages and set forth standards for such an immunity.

Stone v. Interstate Natural Gas Co.

103 F.2d 544 · Court of Appeals for the Fifth Circuit · Jun 5, 1939

These latter acts-clearly mark its appearance in the State. … Any immunity from equal general taxation appears more and more inconvenient and unjust. The recent reexamination of the basis for such immunities has resulted in an upheaval. The current of authority has been turned.

Gregorio Lopez v. E.G. Reyes

692 F.2d 15 · Court of Appeals for the Fifth Circuit · Nov 26, 1982

The deputy sheriffs answered that the complaint failed to state a cause of action, and they affirmatively pleaded the defense of qualified immunity. … immunity.

DFW Metro Line Services v. Southwestern Bell Telephone, Corp.

988 F.2d 601 · Court of Appeals for the Fifth Circuit · Apr 12, 1993

Obviously, under such schemes, the absence of any state involvement prevents the private conduct at issue from qualifying for anti-trust immunity under the state action doctrine. … Bell is therefore entitled to anti-trust immunity.

Daniel M. Perez v. Region 20 Education Service Center

307 F.3d 318 · Court of Appeals for the Fifth Circuit · Sep 20, 2002

The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity. See U.S. Const, amend. … Sovereign immunity does not bar Perez's Title VII claims, as we have long recognized that Congress has clearly abrogated the states' Eleventh Amendment immunity in enacting Title VII. See, e.g., Ussery v.

Christopher James Mylett v. David M. Mullican

992 F.2d 1347 · Court of Appeals for the Fifth Circuit · May 28, 1993

benefit of testimony is insufficient to overcome qualified immunity. 49 C. … The essential question before us is whether, as a matter of sound policy, the Commissioners should be afforded absolute or qualified immunity. 41 . Cleavinger v.

Michael J. Sutton and John Wiley Mitchell v. United States

819 F.2d 1289 · Court of Appeals for the Fifth Circuit · Jun 25, 1987

Harlow recognized ... that officials who enjoy absolute or qualified immunity should be protected, when possible, from the burdens of discovery as well as trial.... We recently complimented this principle in Elliott v. … United States, 728 F.2d at 73 , or (ii) whether the United States may avail itself of any qualified immunity defense that may be raised by Inspector Woodard himself. Norton v.

Penn v. Schtlesinger

490 F.2d 700 · Court of Appeals for the Fifth Circuit · Dec 18, 1973

If the plaintiffs had deliberately bypassed their administrative remedies, this suit would clearly be inappropriate. In Beale v. … The head of each executive department and agency shall establish and maintain an affirmative program of equal employment opportunity for all civilian employees and applicants for employment within his jurisdiction in accordance

Castro v. United States

581 F.3d 275 · Court of Appeals for the Fifth Circuit · Mar 17, 2009

immunity, Bivens at least requires that constitutional rights be “clearly established” before liability ensues against federal officers, see, e.g., Harlow v. … established Fourth Amendment right to be free from unreasonable seizure was violated, but it is not clearly established that leaving a minor with his parent, in the absence of any court order dictating otherwise, is an unreasonable

Joseph Cotropia v. Mary Chapman

978 F.3d 282 · Court of Appeals for the Fifth Circuit · Oct 22, 2020

The district court granted Chapman’s motion for summary judgment on the basis of qualified immunity (“QI”). We affirm. I. … Because regardless of whether the TMB investigator violated the Fourth Amendment, we all agree she is entitled to qualified immunity. 13

Barrow v. Greenville Indep Sch

Court of Appeals for the Fifth Circuit · Jun 17, 2003

The district court determined that Barrow had failed to allege the violation of a clearly established constitutional right in 1998 and that Smith was therefore entitled to qualified immunity. … The question whether an asserted constitutional right is clearly established is one of law.

Raymond W. Beall Hazel A. Beall v. United States

336 F.3d 419 · Court of Appeals for the Fifth Circuit · Jun 27, 2003

Meyer, 510 U.S. 471 , 114 S.Ct. 996, 1000 , 127 L.Ed.2d 308 (1994) (“Sovereign immunity is jurisdictional in nature.... Therefore, we must first decide whether ... immunity has been waived.”). … An abuse of discretion necessarily occurs where an act can only be described as clearly improper. See, e.g., United States v.

Gayla McKee v. City of Rockwall, Texas

877 F.2d 409 · Court of Appeals for the Fifth Circuit · Jul 19, 1989

Instead of holding that the officers are entitled to qualified immunity, the majority holds that McKee has presented “no evidence at all” to support her underlying equal protection claim, thereby never reaching the immunity … Clearly Established Constitutional Right? The individual officers are before our Court seeking qualified immunity.

Ronald P. Richardson v. Les Fleming

651 F.2d 366 · Court of Appeals for the Fifth Circuit · Jul 22, 1981

In other words, the opinion qualified the vicarious liability of a state prosecutor as set forth in Madison v. … However, prosecutorial immunity has been negated or qualified in Lewis v. Brautigam, supra, (coercing a not guilty plea to a plea of guilty); Madison v.