Case law

Texas Faculty Ass'n v. University of Texas at Dallas

946 F.2d 379 · Court of Appeals for the Fifth Circuit · Oct 23, 1991

The Magistrate further held that the individual defendants sued in their individual capacities were entitled to qualified immunity. II. … Whether a government official is entitled to qualified immunity “generally turns on the ‘objective reasonableness of the action’ assessed in light of the legal rules that were ‘clearly established’ at the time it was taken

Schultea v. Wood

Court of Appeals for the Fifth Circuit · Mar 13, 1995

Justice Scalia's opinion for the Court turned to the element of "clearly established law." … the current applicable law is and whether it was clearly established when the action occurred.

Expedient Services, Inc. v. A. Vernon Weaver, Administrator, Small Business Administration, Defendant

614 F.2d 56 · Court of Appeals for the Fifth Circuit · Mar 19, 1980

The plaintiff, Expedient Services, qualified under this program in 1972 and obtained a custodial contract with the Kennedy Space Center. … However, it is not necessary for us to decide this issue because the Administrator clearly did not exceed his authority under 15 U.S.C. § 637 (a).

Foster v. City of Lake Jackson

Court of Appeals for the Fifth Circuit · Jul 27, 1994

before adjudication of qualified immunity. … Accordingly, "`[u]nless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.'"

Warnock v. Pecos County, Texas

Court of Appeals for the Fifth Circuit · Aug 4, 1997

The judges filed a response in which they argued that they were entitled to qualified immunity. … Clearly established law will not defeat qualified immunity if "an objectively reasonable view of the facts" might lead an official not to realize that he was breaking the law.

Delta Commercial Fisheries Ass'n v. Gulf of Mexico Fishery Management Council

364 F.3d 269 · Court of Appeals for the Fifth Circuit · Apr 7, 2004

A plaintiff’s failure to establish one of the three elements of Article III standing deprives federal courts of jurisdiction to hear the plaintiff’s suit. Rivera v. … The court determined that § 1346 did not by itself waive sovereign immunity. Id.

Jose Elizondo v. City of Garland Police Dep

Court of Appeals for the Fifth Circuit · Feb 14, 2012

After limited discovery, Green moved for summary judgment on the ground that he was entitled to qualified immunity on the Elizondo’s excessive force claim. … West, 662 F.3d 320, 325 (5th Cir. 2011), but the same does not hold for an order granting qualified immunity. An order granting immunity can be fully and fairly reviewed after a final judgment. See Thompson v.

Mowbray v. Cameron County, TX

Court of Appeals for the Fifth Circuit · Dec 6, 2001

, when based on an issue of (2) was clearly established at the time of the law.” … She under the same test federal courts employ for has not shown Gavito violated any constitu- qualified immunity determinations under tional right, much less one clearly established

Darlie Kee Darin Routier v. City of Rowlett Texas Jimmy Ray Patterson Chris Frosch Greg Davis, Assistant District Attorney for Dallas County

247 F.3d 206 · Court of Appeals for the Fifth Circuit · Apr 24, 2001

immunity in such a situation. … Davis also invoked absolute and qualified immunity because he alleged his actions were taken pursuant to his prosecutorial duties.

Abdul Muhammad Samaad v. City of Dallas, State Fair of Texas, Dallas Grand Prix Co., and Larry Waldrop, Delores Pierce v. City of Dallas, Auto Racing of Dallas, Inc., and Sports Car Club of America, Inc., Delores Pierce v. City of Dallas, Frank Wise

940 F.2d 925 · Court of Appeals for the Fifth Circuit · Aug 23, 1991

It held that section 1983 claimants must establish that the defendant's conduct violated "clearly established statutory or constitutional rights of which a reasonable person would have known." … question of whether the plaintiff asserted a violation of a "clearly established" right.

Mary Walker v. Institutional Division Texas Department of Criminal Justice

381 F. App'x 477 · Court of Appeals for the Fifth Circuit · Jun 17, 2010

Qualified immunity protects officials from suit if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.2 Pearson v. Callahan, 129 S. … Absolute judicial immunity, as well as qualified immunity, refers to protection from suit and not simply the assessment of liability. . . .

Planned Parenthood v. Phillips

5 F.4th 568 · Court of Appeals for the Fifth Circuit · Jul 15, 2021

(“Once it is established that a State . . . [is] immune from suit . . . .”). As we characterized it in McCarthy, a proper invocation of sovereign immunity will be from the “entire suit.” … We hold that the plaintiffs have established federal jurisdiction on their requested injunction to “promptly rule.”

Fred B. Shelton, Iii, Cross-Appellees v. City of College Station, Cross-Appellants

754 F.2d 1251 · Court of Appeals for the Fifth Circuit · Mar 11, 1985

immunity for their actions. … If indeed they did so, they violated clearly established constitutional standards and rules of law, of which reasonably competent officials should have known.

Anderson v. Harris County

98 F.4th 641 · Court of Appeals for the Fifth Circuit · Apr 15, 2024

The district court had denied Diaz’s claim of qualified immunity, and he lost his interlocutory appeal. Anderson v. Diaz, No. 22- 20525, 2023 WL 8521395, at *1 (5th Cir. Dec. 8, 2023) (per curiam). … Dec. 8, 2023) (per curiam) (affirming district court’s denial of qualified immunity to Diaz).

Chrissy F. by Medley v. Mississippi Dept. of Public Welfare

995 F.2d 595 · Court of Appeals for the Fifth Circuit · Jul 7, 1993

The defendants filed motions to dismiss or for summary judgment on March 30, 1990, on the grounds of Eleventh Amendment immunity, qualified immunity, absolute judicial immunity, and absolute prosecutorial immunity. … Our holding was, however, strictly limited to issues of absolute and qualified immunity from personal judgments for money damages, over which this court has interlocutory appellate jurisdiction.

Affiliated Capital Corp. v. City of Houston, Gulf Coast Cable Television and James J. McConn

793 F.2d 706 · Court of Appeals for the Fifth Circuit · Jul 9, 1986

Moreover, we held that the mayor was entitled to qualified immunity from Affiliated’s suit because, at the time of his actions, he did not, as a matter of law, violate clearly established law. Id. at 1568-70 . … In our previous ruling we found that the mayor was entitled to qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982).

Morgan v. Plano Independent School District

724 F.3d 579 · Court of Appeals for the Fifth Circuit · Jul 26, 2013

Because it is well-established under Texas law that PISD’s governmental immunity is not a mere defense to suit but rather is complete immunity from suit, this court has jurisdiction. 4 And because governmental immunity from … Dist., 589 F.3d 740 (5th Cir.2009), and an opinion concerning qualified immunity for certain government officials regarding religious speech of elementary school students on public school campuses, Morgan v.

Harper v. Harris County, Tex.

Court of Appeals for the Fifth Circuit · Apr 28, 1994

Qualified immunity protects a police officer from liability if a reaso nably competent law enforcement officer would not have known that his actions violated clearly established law. Anderson v. … The examination of a claim of qualified immunity is a two-step process. The first inquiry is whether t he plaintiff has alleged a violation of a clearly established constitutional right. Siegert v.

Jacobs v. NATIONAL DRUG INTELLIGENCE CENTER

548 F.3d 375 · Court of Appeals for the Fifth Circuit · Nov 10, 2008

[and] I don’t think they clearly overrule what the Circuit has done [in Johnson]. Transcript of Hearing on Motion for Summary Judgment at 4, 8, Jacobs v. Nat’l Drug Intelligence Ctr., No. 5:01-CV-72 (S.D. … Chao, 540 U.S. 614 (2004) (holding plaintiffs must prove some actual damages to qualify for the Privacy Act’s minimum statutory award).

Rodriguez v. Transnave Inc.

8 F.3d 284 · Court of Appeals for the Fifth Circuit · Dec 3, 1993

the exceptions to sovereign immunity and assert at least some facts that would establish the exceptions. … Transnave filed its motion to dismiss within the deadline established by the trial court, and it asserted sovereign immunity in both its original answer and its amended answer.