Case law

Sharon Olabisiomotosho v. City of Houston City of Houston P. J. Bartlett K. L. Richards Rene Bertrand

185 F.3d 521 · Court of Appeals for the Fifth Circuit · Sep 29, 1999

We note that the district court also found that Bartlett and Richards were entitled to qualified immunity. … The district court also found that the defendants were entitled to qualified immunity on this claim.

John Woolen, John D. Campisi, Individually and as Class Action , and Carl Whorton, Intervenors-Appellants v. Surtran Taxicabs, Inc., Ken Whorton v. City of Dallas, Texas

801 F.2d 159 · Court of Appeals for the Fifth Circuit · Sep 26, 1986

Finally, "City of Lafayette suggested, without deciding the issue, that it would be sufficient to obtain Parker immunity for a municipality to show that it acted pursuant to a 'clearly articulated and affirmatively expressed … The Court held that the system was a clearly articulated state policy, but that it did not meet the active supervision requirement: 58 The State simply authorizes price setting and enforces the prices established by private

Bruce Anderson v. State of Texas

845 F.3d 580 · Court of Appeals for the Fifth Circuit · Nov 9, 2016

Qualified Immunity Defense Valdez urges that, even if Anderson stated a retaliation claim, he (Valdez) is entitled to qualified immunity because neither Garcetti nor other relevant contemporary cases clearly established that … Accordingly, under Cutler, Anderson has pleaded the violation of a clearly established right. Qualified immunity thus does not apply — at least, not yet. III.

United States v. Southern Motor Carriers Rate Conference, Inc.

672 F.2d 469 · Court of Appeals for the Fifth Circuit · Apr 5, 1982

The Supreme Court reviewed *474 prior cases on state action immunity and held that they established a two-pronged standard. … conduct as part of a clearly established or affirmatively expressed state policy. .

Doe v. State of La.

Court of Appeals for the Fifth Circuit · Sep 30, 1992

In order for Doe to overcome defendant's defense of qualified immunity, Doe must first show that at the time of the alleged conduct there was a clearly established constitutional right that was violated and that a reasonable … Appellant argues that John Doe has not plead a clearly established constitutional right, and thus has not met the prerequisite to maintaining a Section 1983 claim, and has not overcome the defense of qualified immunity.

Michael Earl Staton v. Louie L. Wainwright and Maurice G. Crockett

665 F.2d 686 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

Although the Florida parole statutes were revised in 1978 to establish objective means for determining and establishing parole dates for inmates, Fla.Stat. § 947.002, the Commission retains substantial discretionary powers … That language, however, is qualified by the exercise of the Commission’s discretion.

Charlene Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit

28 F.3d 1388 · Court of Appeals for the Fifth Circuit · Aug 5, 1994

Needless to say, qualified immunity does not mean that no constitutional violation occurred — only that the officer is immune. … And, it is well-established that an individual officer's qualified immunity does not protect a municipality. See Owen v. City of Independence, 445 U.S. 622, 650-58 , 100 S.Ct. 1398, 1415-19 , 63 L.Ed.2d 673 (1980).

Gary Gochnour v. Mr. John O. Marsh, Jr., Secretary of the U.S. Army

754 F.2d 1137 · Court of Appeals for the Fifth Circuit · Jan 2, 1985

Section 1331 cannot be the basis of monetary relief since there is no waiver of sovereign immunity. Sheehan v. Army and Air Force Exchange Service, 619 F.2d 1132, 1139 (5th Cir.1980); Beller v. … These considerations clearly justify the district court in dismissing the case for lack of subject matter jurisdiction.

Reickenbacker v. Foster

274 F.3d 974 · Court of Appeals for the Fifth Circuit · Dec 26, 2001

Ieyoub, 109 F.3d 1096, 1103 (5th Cir. 1997) (“Accordingly, for a panel of this court to overrule a prior decision, we have required a Supreme Court decision that has been fully heard by the Court and establishes a rule of … Although it states that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied the benefits of the services, programs, or activities of a public

Mouille v. City of Live Oak, Tex.

Court of Appeals for the Fifth Circuit · Nov 13, 1992

Qualified Immunity—Britt Britt answers Liberda's Section 1983 claims with the affirmative defense of qualified immunity. Qualified immunity determinations implicate a multi-faceted framework. … This test represents the clearly established law, which guided law enforcement as of January 9, 1987.

Alexander v. Taft

Court of Appeals for the Fifth Circuit · Dec 23, 2025

how often do courts grant or deny qualified immunity? … See Institute for Justice, Results: Who wins qualified immunity cases, and how often do courts grant or deny qualified immunity? (listing 5th Circuit as denying qualified immunity in only 16% of appeals).

Megatel v. Mansfield

Court of Appeals for the Fifth Circuit · May 21, 2026

Id. 2 There are three contexts in which state-action immunity may be asserted: (1) where a state clearly exercises its sovereign powers, commonly known as Parker immunity after the Supreme Court’s decision in Parker … The Texas Water Code establishes a “comprehensive regulatory system” to regulate “retail public utilities.” Tex. Water Code § 13.001(c).

Jones v. Diamond

519 F.2d 1090 · Court of Appeals for the Fifth Circuit · Sep 26, 1975

The Court opted instead for a qualified immunity, describing its test as follows in Scheuer: [I]n varying scope, a qualified immunity is available to officers of the executive branch of Government, the variation dependent … Qualified immunity therefore applies to state officers ranging from the Governor of Ohio, in Scheuer , to a local school board, in Wood .

Kristin Loupe v. Robin O'Bannon

824 F.3d 534 · Court of Appeals for the Fifth Circuit · May 27, 2016

The immunity of judges for acts within the judicial role is equally well established, and we presume that Congress would have specifically so provided had it wished to abolish the doctrine.”)). … On the other hand, a prosecutor is afforded only qualified immunity for acts performed in the course of “administrative duties and those investigatory functions that do not relate to an advocate’s preparation for the initiation

Jessie E. Wright v. El Paso County Jail, Sheriff

642 F.2d 134 · Court of Appeals for the Fifth Circuit · Apr 8, 1981

immune from a damages suit. … If sued in his individual capacity, otherwise, the sheriff may avoid § 1983 liability to the extent that he has available to him a qualified, good faith immunity. See Procunier v.

Morgan v. Gusman

335 F. App'x 466 · Court of Appeals for the Fifth Circuit · Jul 1, 2009

Without an established right, qualified immunity is granted. … Additional facts establishing the time line are particularly important when evaluating the second prong of the qualified immunity test—the reasonableness of Hubert’s actions in light of the clearly established constitutional

Shirley McLaurin Individually and on Behalf of the Heirs of Milton Stubbs, Deceased v. United States

392 F.3d 774 · Court of Appeals for the Fifth Circuit · Dec 2, 2004

Under the FSHCAA, the PHS may deem employees of qualified and eligible community health care centers as government employees entitled to immunity under the FTCA. 7 Once the PHS deems an employee of a qualified community health … United States, 789 F.Supp. 1109 (D.Colo.1992) (refusing to waive filing of administrative claim because procedures established by FTCA constitute waiver of sovereign immunity and must therefore be strictly construed).

Megatel v. Mansfield

Court of Appeals for the Fifth Circuit · Mar 26, 2026

Id.2 There are three contexts in which state-action immunity may be asserted: (1) where a state clearly exercises its sovereign powers, commonly known as Parker immunity after the Supreme Court’s decision in Parker … The Texas Water Code establishes a “comprehensive regulatory system” to regulate “retail public utilities.” Tex. Water Code § 13.001(c).

Romero v. Universal City TX

256 F.3d 349 · Court of Appeals for the Fifth Circuit · Jul 16, 2001

. § 1983 was not available because the named defendants were either not associated with any governmental entity or were entitled to immunity. We affirm. … Finally, we affirm the grant of qualified immunity to all government defendants sued in their individual capacities.

Colleen Curran v. Phillip Aleshire

800 F.3d 656 · Court of Appeals for the Fifth Circuit · Aug 25, 2015

The district court then conducted the qualified immunity analysis to assess whether Aleshire violated clearly established law. … Aleshire argues that he is entitled to qualified immunity, even assuming the existence of disputed facts, because none is material to whether his actions were objectively unreasonable in light of clearly established law.