Case law

Ammons v. Baldwin

705 F.2d 1445 · Court of Appeals for the Fifth Circuit · May 31, 1983

We have established a four-part test to determine whether an act is sufficiently judicial to warrant immunity. … The record clearly demonstrates that Judge Baldwin’s actions in issuing the arrest warrant and requiring Ammons to pay court costs were protected by judicial immunity.

Morris v. Dillard Dept Stores

Court of Appeals for the Fifth Circuit · Jan 25, 2002

First, we determine whether a plaintiff has alleged a violation of a clearly established constitutional right, and second, whether the officer’s conduct was “objectively reasonable in light of clearly established law … The parties do not dispute that Morris has alleged deprivation of her clearly established right to be free from arrest and search without probable cause, or that the right was clearly established at the time of her arrest

Hester International Corp. v. Federal Republic of Nigeria

879 F.2d 170 · Court of Appeals for the Fifth Circuit · Aug 9, 1989

We find none of the court’s conclusions to be clearly erroneous. … The FSIA uses it to determine whether an "agency” of the state may potentially qualify for foreign sovereign immunity itself under the FSIA.

Texas Faculty Association 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. … 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

Brooks v. George County, MS

77 F.3d 834 · Court of Appeals for the Fifth Circuit · Mar 14, 1996

Sheriff Howell's Qualified Immunity We now consider whether Sheriff Howell is qualifiedly immune from liability in his individual capacity. … Brooks 15 Holding that the district attorney is protected by absolute immunity in both official and individual capacities, we do not reach the issue of Cross-Appellees' qualified immunity.

Baulch v. Johns

Court of Appeals for the Fifth Circuit · Nov 29, 1995

Johns moved for summary judgment, arguing that the doctrine of qualified 2 immunity shielded him from suit. … First, he claims that the Autopsy Report alone is insufficient to create a genuine issue of material fact as to his qualified immunity defense.

United States v. Dunham Concrete Products, Inc.

475 F.2d 1241 · Court of Appeals for the Fifth Circuit · May 23, 1973

We assume that Dun-ham’s deposition testimony would qualify him for immunity if the immunity statute is applicable. … Because it had proven “extremely difficult to establish the existence of combinations or conspiracies without the testimony of persons who [were] guilty parties thereto,” an immunity provision would have “great utility in

Familias Unidas, an Unincorporated Association, and Irma Torrez v. Dolph Briscoe

619 F.2d 391 · Court of Appeals for the Fifth Circuit · Jun 18, 1980

This qualified, good faith immunity insulates defendants only from liability in their individual capacities, however. … Even if the absolute immunity of Stump does not apply to Judge Decker, however, Wood -type qualified, good faith immunity would attach. Crowe v. Lucas, 595 F.2d at 990 . 12 .

Walter Fuller Aircraft Sales, Inc. v. The Republic of the Philippines and the Philippines Presidential Commission on Good Government

965 F.2d 1375 · Court of Appeals for the Fifth Circuit · Jul 8, 1992

“[T]he level of state control required to establish an ‘alter ego’ relationship is more extensive than that required to establish FSIA ‘agency.’ ” Id.; see also Foremost-McKesson, Inc. v. … Employing the Texas Trading test, there is little doubt that the sale of the Falcon qualifies as commercial activity.

Reyes Ex Rel. Estate of Ceballos v. Bridgwater

362 F. App'x 403 · Court of Appeals for the Fifth Circuit · Jan 22, 2010

The doctrine of qualified immunity provides immunity from suit under § 1983 to government officials provided that “their conduct does not violate clearly established statutory or constitutional law of which a reasonable person … immunity would still be appropriate if the constitutional violation we have found was not contrary to clearly established law.

Webb v. City of Dallas TX

314 F.3d 787 · Court of Appeals for the Fifth Circuit · Jan 16, 2003

Pelzel & Assoc.,27 the Texas Supreme Court again addressed whether a statute “clearly and unambiguously” waives the State’s immunity from suit. … from suit because the statute did not state clearly and unambiguously that Travis County could be sued.

Natalia Flores v. Cameron County, Texas, Cameron County, Texas, Cross-Appellee

92 F.3d 258 · Court of Appeals for the Fifth Circuit · Sep 11, 1996

against individuals protected by qualified immunity; and (4) the County Judge and Commissioners of Cameron County in their official capacities because those claims were duplicative of the claims against the County and in … On August 25, 1992, the district court granted summary judgment to Rodriguez and Sullivan in their individual capacities on qualified immunity grounds, and dismissed the claims against them in their official capacities as

State of Texas v. DHS

Court of Appeals for the Fifth Circuit · Nov 27, 2024

Specifically, the United States clearly waived sovereign immunity as to Texas’s state law claims under § 702 of the Administrative Procedure Act (“APA”). … Texas has also failed to establish a common-law ultra vires claim that can overcome sovereign immunity.

Murray v. Earle

Court of Appeals for the Fifth Circuit · Apr 11, 2008

PER CURIAM:* For this interlocutory appeal, primarily at issue is whether LaCresha Murray has alleged a violation of a clearly-established constitutional right, depriving five Defendants of qualified immunity. … This court vacated the qualified- immunity denial for the Fifth Amendment claim, holding, pursuant to the qualified-immunity analysis discussed infra, that the law was not yet clearly established that pre-trial interrogation

Hainze v. Richards

207 F.3d 795 · Court of Appeals for the Fifth Circuit · Apr 26, 2000

immunity because their actions under the circumstances were objectively reasonable. … we need not address whether the individual defendants were entitled to qualified immunity. 12 Hainze’s state law assault and battery claims against the officers are premised on the same basis advanced in support

Mci Telecommunications Corporation v. Subhi Alhadhood

82 F.3d 658 · Court of Appeals for the Fifth Circuit · May 13, 1996

Mokarrab and Colonel Mubarak to MCI to pay for the calls qualified as "commercial activity" under that exception to the FSIA. … burden of proof on immunity."

Channer v. Hall

112 F.3d 214 · Court of Appeals for the Fifth Circuit · May 14, 1997

Appellees filed a motion to dismiss or, in the alternative, for summary judgment in which they raised the defense of qualified immunity. … immunity.

Roger Thorson v. Christopher Epps

701 F.3d 444 · Court of Appeals for the Fifth Circuit · Nov 14, 2012

Mere conjecture, though, does not qualify as an harm’ that qualifies as cruel and unusual.” Baze, 553 U.S. at 50, 128 S. … The Chronological Record of Execution clearly lists the steps to be taken, including an injection of normal saline between each drug in order to flush the line.

Benny B. Barrett, Cross-Appellant v. Carl Thomas, Sheriff, Cross-Appellee

649 F.2d 1193 · Court of Appeals for the Fifth Circuit · Jul 10, 1981

Immunity Falling back to his next line of defense, Sheriff Thomas seeks “the Court’s indulgence” in raising — for the first time on appeal — the defense of qualified official immunity. … Measured against the standards for timely Fed.R.Civ.P. 24 intervention established in Stallworth v. Monsanto Co., 558 F.2d 257, 264-66 (5th Cir. 1977), Dallas County’s motion to intervene was clearly tardy.

Jennings v. Joshua Independent School District

877 F.2d 313 · Court of Appeals for the Fifth Circuit · Apr 12, 1989

The Court announced the following test for the defense of qualified immunity for police officers in this context: “Defendants will not be immune if, on an objective basis, it is obvious that no reasonably competent officer … immunity, and subjective good faith for qualified immunity purposes is always a question of fact. .