Case law

Jimerson v. Lewis

94 F.4th 423 · Court of Appeals for the Fifth Circuit · Feb 1, 2024

Indeed, it is useful to divide this second component of qualified immunity into two questions: “whether the allegedly violated constitutional rights were clearly established at the time of the incident; and, if so … established law for qualified immunity analysis.”

Tom Heaney v. Christopher Roberts

846 F.3d 795 · Court of Appeals for the Fifth Circuit · Jan 23, 2017

Black is entitled to qualified immunity on the First Amendment claim because his actions as sergeant-at-arms were not objectively unreasonable in light of clearly established law. We affirm on that claim. D. … But an officer is only denied qualified immunity if his or her actions are objectively unreasonable in light of clearly established law. See, e.g., Blackwell v.

Robin Mayfield v. Butler Snow, L.L.P.

976 F.3d 482 · Court of Appeals for the Fifth Circuit · Sep 22, 2020

But in the context of qualified immunity, it is the plaintiff’s burden to establish that an allegedly violated right was clearly established. See, e.g., Wigginton v. Jones, 964 F.3d 329, 338 (5th Cir. 2020). … True, the Supreme Court has blessed our “sound discretion” to pivot solely on prong two of the qualified-immunity analysis. 1 And “clearly established law” is often outcome-determinative.

Stramaski v. Lawley

44 F.4th 318 · Court of Appeals for the Fifth Circuit · Aug 11, 2022

Bratch, 287 F.3d 673, 681–82 & n.13 (8th Cir. 2002) (rejecting qualified immunity defense because FMLA creates clearly established rights but stating defendant did not raise argument regarding application of qualified immunity … immunity because she does not allege that Lawley violated a clearly established law.

Pasco Ex Rel. Pasco v. Knoblauch

566 F.3d 572 · Court of Appeals for the Fifth Circuit · Apr 28, 2009

The district court denied summary judgment based on its findings that Knoblauch had waived his qualified immunity defense by failing to raise it in a timely fashion, and that Knoblauch violated clearly established Fourth … facts amount to a violation of clearly established law.”

Guerra v. Castillo

82 F.4th 278 · Court of Appeals for the Fifth Circuit · Sep 7, 2023

cause is clearly established. … When evaluating whether Castillo violated clearly established law for purposes of our qualified immunity analysis, we consider whether the law was clearly established “at the time of the defendant’s alleged misconduct

Johnson v. El Paso Cty Sheriff

51 F.3d 1041 · Court of Appeals for the Fifth Circuit · Mar 20, 1995

-2- their original answer on March 23 raising the affirmative defenses of absolute and qualified immunity. … For a defendant pleading qualified immunity to be liable, the defendant official's conduct must have violated "clearly established statutory or constitutional rights of which a reasonable person would have known."

Kevin M. Leckelt v. Board of Commissioners of Hospital District No. 1

909 F.2d 820 · Court of Appeals for the Fifth Circuit · Aug 28, 1990

Thus, the district court was not clearly erroneous in finding that Leekelt failed to establish that he was discriminated against solely because of a perception that he was infected with HIV. … We are unable to conclude that the district court was clearly erroneous in finding that Leckelt did not establish pretext. C.

Ramirez v. Killian

113 F.4th 415 · Court of Appeals for the Fifth Circuit · Aug 15, 2024

When a defendant pleads qualified immunity as a defense, the plaintiff “must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law. … light of “clearly established law.”

Gloria Bustillos v. El Paso County Hospital Dist

891 F.3d 214 · Court of Appeals for the Fifth Circuit · May 23, 2018

The district court held those allegations cannot overcome the Doctors’ and Nurses’ qualified immunity because the right at issue was not clearly-established. We agree and affirm on that ground. … Granting of qualified immunity on the “clearly-established” prong is not the same as holding that no constitutional violation occurred. That would conflate the two prongs of qualified immunity.

Wetherbe v. Texas Tech University

138 F.4th 296 · Court of Appeals for the Fifth Circuit · May 20, 2025

is qualified immunity. … However, “the ‘clearly established’ qualified immunity standard . . . . does not require that causation be clearly established,” 40 so we need not address element four.

Villarreal v. City of Laredo

134 F.4th 273 · Court of Appeals for the Fifth Circuit · Apr 8, 2025

Ct. 2088, 2093 (2012) (qualified immunity applies unless officials “violated a statutory or constitutional right that was clearly established at the time of the challenged conduct”). … The qualified immunity inquiry asks whether an officer “violate[d] clearly established . . . constitutional rights of which a reasonable person would have known.” Harlow, 457 U.S. at 818.

Solis v. Serrett

31 F.4th 975 · Court of Appeals for the Fifth Circuit · Apr 21, 2022

“Qualified immunity shields public officials sued in their individual capacities from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which … “The qualified immunity inquiry includes two parts.

Anthony Gibson v. Jeffrey Kilpatrick

773 F.3d 661 · Court of Appeals for the Fifth Circuit · Dec 11, 2014

was clearly established. … Qualified Immunity A.

Phillip Turner v. Driver

848 F.3d 678 · Court of Appeals for the Fifth Circuit · Feb 16, 2017

The court reasoned that Turner failed to meet his burden of showing that the defendants were not entitled to qualified immunity because he failed to show that their actions violated any of his clearly established statutory … violates that right.” 17 Thus, the right must already be clearly established “at the time of the challenged conduct.” 18 When considering whether a defendant is entitled to *686 qualified immunity, the court “must ask whether

Ramona Hinojosa v. Brad Livingston

807 F.3d 657 · Court of Appeals for the Fifth Circuit · Nov 18, 2015

If true, this would defeat a qualified immunity defense, because it would establish that Defendants subjected Hinojosa to extreme temperatures without adequate remedial measures, in violation of our circuit’s clearly established … light of clearly established law.

McClelland v. Katy Indep Sch Dist

63 F.4th 996 · Court of Appeals for the Fifth Circuit · Mar 31, 2023

Whether McClelland’s free speech rights were clearly established “A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, ‘[t]he contours … established so as to defeat qualified immunity for Hull. 2.

Rogers v. Jarrett

63 F.4th 971 · Court of Appeals for the Fifth Circuit · Mar 30, 2023

conduct is clearly established.”22 It just isn’t enough to identify a right as “a broad general proposition.”23 The district court did not address qualified immunity’s second step. … Griffin27 supports that Jarrett and Bridges violated clearly established law.

Randy Cole v. Michael Hunter

905 F.3d 334 · Court of Appeals for the Fifth Circuit · Sep 25, 2018

of the unlawfulness of his or her conduct. 16 The officer is entitled to qualified immunity if there is no violation, or if the conduct did not violate law clearly established at the time. 17 12 136 S. … established law. 21 We will not revisit the first part of the qualified immunity inquiry in connection with any of the Coles’ claims, nor the question of clearly established law as regards the Coles’ Fourteenth Amendment

Bryant v. Texas Department of Aging & Disability Services

781 F.3d 764 · Court of Appeals for the Fifth Circuit · Mar 25, 2015

A defense of qualified immunity is analyzed in two parts. “First, a court must decide whether a plaintiff’s allegation, if true, establishes a violation of a clearly established right.” Id. (citation omitted). … She has thus failed to show that the reassignment violated a clearly established right and Littleton is entitled to qualified immunity on this interference claim. 8  Case