Case law

Biggers v. Massingill

Court of Appeals for the Fifth Circuit · Feb 7, 2025

But the district court granted Massingill’s motion to dismiss based on qualified immunity. … The district court did not address the first qualified immunity prong, but Biggers’s allegations plainly satisfy it.

Eric McCorvey v. TDCJ

607 F. App'x 375 · Court of Appeals for the Fifth Circuit · Jun 15, 2015

Styles filed his motion seeking summary judgment dismissal on the basis of qualified immunity, which the district court eventually denied. … clearly established law as well as under TDCJ policy.

In the Matter Of: Supreme Beef Processors, Inc., Debtor. Stephen Zayler, Trustee of the Estate of Supreme Beef Processors, Inc. v. Department of Agriculture United States of America

468 F.3d 248 · Court of Appeals for the Fifth Circuit · Oct 19, 2006

the Supreme Court nor the Bankruptcy Code "clearly distinguishes between [federal] sovereign immunity from suit and immunity from liability." … Immunity for the exercise of discretion has been viewed as essential to the administration of government policy: a view that sustains the judicially crafted federal common law of immunity for its employees—from qualified

Mrs. Cordie Ola Fair v. United States

234 F.2d 288 · Court of Appeals for the Fifth Circuit · May 25, 1956

While they were in a sense exercising discretion as to what they should and should not do, they were not performing the sort of discretionary functions contemplated by § 2680(a) and clearly described in the Dalehite decision … Recognizing such a clearly defined breadth of purpose for the bill as a whole, and the general trend toward increasing the scope of the waiver by the United States of its sovereign immunity from suit, it is inconsistent to

Joseph Brewer v. M. Prentiss Blackwell

692 F.2d 387 · Court of Appeals for the Fifth Circuit · Nov 29, 1982

under the “clearly erroneous” standard. … Officials “are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Ruth J. Butts v. V. Dallas Independent School District and Nolan Estes

436 F.2d 728 · Court of Appeals for the Fifth Circuit · Jan 14, 1971

Defendants urge that the School District is immune from suit under § 1983, but this circuit has recently held that such immunity exists only with respect to money damages and not as to equitable relief. Harkless v. … There was also a clique who evidently went further, revering the memory of Adolf Hitler and seeking to establish (or re-establish) white supremacy in this country.

Munajj v. City of Fredericksburg

Court of Appeals for the Fifth Circuit · Apr 1, 2026

Wayman’s actions, Munajj asserts, violated clearly established state and federal law. … Next, Wayman is entitled to qualified immunity for his arrest of Munajj. An officer is entitled to qualified immunity unless his conduct violates “clearly established statutory or constitutional rights.” Harlow v.

James v. Godbey

574 F. App'x 410 · Court of Appeals for the Fifth Circuit · Jun 27, 2014

“It is well established that judges enjoy absolute immunity for judicial acts performed in judicial proceedings,” Mays v. Sudderth, 97 F.3d 107, 110 (5th Cir.1996), and Mr. … As such, because Judge Godbey and Magistrate Judge Kaplan clearly enjoy absolute immunity, Mr. Jones’s suit is frivolous. Because Mr.

United States v. Williams

809 F.2d 1072 · Court of Appeals for the Fifth Circuit · Jan 29, 1987

While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other. … We must apply, however, the clearly erroneous standard to the trial court's findings. . 18 U.S.C. § 6002 permits the government to grant use immunity whenever a witness refuses to testify before, among others, "an agency

Williams v. Morgan Stanley Capital Group Inc.

294 F.3d 737 · Court of Appeals for the Fifth Circuit · Jun 28, 2002

. § 546 (e) of the Bankruptcy Code (the “Code”), which immunizes from avoidance settlement payments made by a forward contract merchant. … In order to qualify for the exemption, a party must establish both that it is a “forward contract merchant,” and that the transfer sought to be avoided is a “settlement payment.” Id.

Crull v. City of New Braunfels

267 F. App'x 338 · Court of Appeals for the Fifth Circuit · Feb 25, 2008

The district court granted Penshorn and Scott’s motion to dismiss on the basis of qualified immunity. … “Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates ‘clearly established statutory or constitutional rights of which a reasonable

John Russell Webster, Cross-Appellants v. The City of Houston, Cross-Appellee

689 F.2d 1220 · Court of Appeals for the Fifth Circuit · Oct 28, 1982

The Court held that the good faith of municipal officials does not entitle a municipality to qualified immunity from § 1983 liability. … But there is no tradition of immunity for municipal corporations, and neither history nor policy support a construction of § 1983 that would justify the qualified immunity accorded the City of Independence. 445 U.S. at 638

National Press v. McCraw

84 F.4th 632 · Court of Appeals for the Fifth Circuit · Oct 23, 2023

He owns a small aerial drone and is qualified to operate the drone in the national airspace. … B “Generally, States are immune from suit under the terms of the Eleventh Amendment and the doctrine of sovereign immunity.” 57 “[S]overeign immunity also prohibits suits against state officials or agencies

Audry Releford, Jr. v. City of Houston

678 F. App'x 267 · Court of Appeals for the Fifth Circuit · Mar 8, 2017

“Where factual disputes exist in an interlocutory appeal asserting qualified immunity, we accept the plaintiff’s version of the facts as true.” 3 To the extent that Rosemon argues that he is entitled to qualified immunity … The Supreme Court established in 1985 that “[a] police officer may not seize an unarmed, nondangerous suspect by shooting him dead.” 4 To the extent that Rosemon argues that he is entitled to qualified immunity under

Dennis J. Baldassaro v. United States

64 F.3d 206 · Court of Appeals for the Fifth Circuit · Sep 15, 1995

Gaubert 26 instructs that when established government policy allows a government agent to exercise discretion, it must be presumed that the agent’s acts are grounded in policy when he exercises that discretion. … Clearly, that purpose is to prevent judicial “second-guessing” 29 of decisions arising from and grounded in policy.

Steve Cooper v. Texas Alcoholic Beverage Cm

Court of Appeals for the Fifth Circuit · Apr 22, 2016

First, TPSA had failed to establish that the original plaintiffs contin- ued to have a stake in the case. Second, TPSA lacked standing to bring a Rule 60(b) motion. A. … however, a statute has only indirect effects on interstate commerce and regulates evenhandedly, [the Court] ha[s] examined whether the State’s interest is legitimate and whether the burden on interstate commerce clearly

Estate of Wilbert Lee Henson v. Wichita Cou

440 F. App'x 352 · Court of Appeals for the Fifth Circuit · Sep 7, 2011

When qualified immunity is raised as a defense by the state actor, there will be no liability for actions that do “not violate clearly established statutory or constitutional rights of which a reasonable person would have … The district court denied Sheriff Callahan qualified immunity. An order denying qualified immunity is immediately appeal-able. Bazan ex rel. Bazan v. Hidalgo Cnty., 246 F.3d 481, 490 (5th Cir.2001).

Af-Cap Inc v. Republic of Congo

389 F.3d 503 · Court of Appeals for the Fifth Circuit · Oct 5, 2004

Burroughs, 70 F.3d at 33.6 That is, our present authority is 6 Af-Cap correctly points out that the law of the case is a discretionary, not jurisdictional, doctrine and can be ignored if a prior holding is “clearly … account loses its immunity.”

Wilson v. Midland County

89 F.4th 446 · Court of Appeals for the Fifth Circuit · Dec 14, 2023

Other government officials enjoy the judge-created doctrine of qualified immunity, which lets wrongdoers duck consequences for rights-robbing violations—no matter how deliberate, brazen, and knowingly corrupt—unless … Robinson, 928 F.3d 457, 479 (5th Cir. 2019) (Willett, J., concurring) (“To some observers, qualified immunity smacks of unqualified impunity . . . .”); Anderson v. Creighton, 483 U.S. 635, 639–40 (1987).

United States v. Patrick Loring Robinson and Matthew Wilford Madsen

635 F.2d 363 · Court of Appeals for the Fifth Circuit · Jan 26, 1981

He was, immediately, granted immunity but still refused to testify, deciding, apparently, that he was better off going to jail for contempt than testifying. … The government sought to establish that the conspirators, including appellants, continued to act through August 19 in an attempt to locate the marijuana or to retrieve their money.