Case law

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

Taylor v. LeBlanc

68 F.4th 223 · Court of Appeals for the Fifth Circuit · May 15, 2023

LeBlanc appeals the denial of qualified immunity arguing, inter alia, that his conduct wasn’t objectively unreasonable in light of clearly established law. … Lambert, 921 F.3d 215, 219 (5th Cir. 2019) (qualified immunity turns on whether defendant’s conduct is “objectively unreasonable in light of clearly established law”); Hinojosa v.

Henderson v. Harris County

51 F.4th 125 · Court of Appeals for the Fifth Circuit · Oct 12, 2022

But unpublished opinions “do not establish any binding law for the circuit,” so “they cannot be the source of clearly established law for the qualified immunity analysis.” Marks v. … This court denied the officer qualified immunity.

Carswell v. Camp

54 F.4th 307 · Court of Appeals for the Fifth Circuit · Nov 30, 2022

But Carswell says this was “the opposite of a refusal or failure to rule” because the “district court clearly indicated it would timely address Individual Defendants’ qualified immunity defense.” … No. 21-10171 established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

Manis v. Lawson

585 F.3d 839 · Court of Appeals for the Fifth Circuit · Oct 16, 2009

Alternatively, even if Zemlik used excessive force, he is nonetheless entitled to qualified immunity because his conduct was not objectively unreasonable in light of the clearly established law at the time of his actions … Therefore, Zemlik’s actions were objectively reasonable under clearly established law, and he is entitled to qualified immunity.

Bevill v. Fletcher

26 F.4th 270 · Court of Appeals for the Fifth Circuit · Feb 11, 2022

“Once a defendant raises a qualified-immunity defense, the burden shifts to the plaintiff to show that (1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the … Whatever one might think about qualified immunity, I think we’re duty bound to say the law is not clearly established when it takes a full-page flow chart to hold otherwise.

Kenneth Ratliff v. Aransas County, Texas

948 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 15, 2020

He offered the testimony because of a failing memory and to rebut the deputies’ qualified immunity defense in this § 1983 case. … The second “asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656.

Diaz v. Cantu

123 F.4th 736 · Court of Appeals for the Fifth Circuit · Dec 13, 2024

Forsyth, 472 U.S. 511, 528–30 (1985) (qualified immunity based on a lack of clearly established law); Plumhoff v. … established to strip an official of qualified immunity.

Lytle v. Bexar County, Tex.

560 F.3d 404 · Court of Appeals for the Fifth Circuit · Feb 25, 2009

The Clearly Established Right At the second step of the qualified immunity inquiry, we ask whether the violated constitutional right was clearly established at the time of the violation. … The right in question was therefore clearly established on February 28, 2006, and this is sufficient to affirmatively answer the qualified immunity question of our inquiry.

Sonia Garcia v. Wesley Blevins

957 F.3d 596 · Court of Appeals for the Fifth Circuit · Apr 30, 2020

We therefore hold Blevins is entitled to qualified immunity because he did not violate clearly established law. IV. … The Garcias also assert that, if we conclude the law was not clearly established, we should reconsider our approach to qualified immunity.

Peggy Shumpert v. City of Tupelo, Mississip

905 F.3d 310 · Court of Appeals for the Fifth Circuit · Sep 24, 2018

The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.

Jerry Lynn Young v. Neil B. Biggers, Jr., J.W. Collins

938 F.2d 565 · Court of Appeals for the Fifth Circuit · Jul 26, 1991

Public officers “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.” Lynch v. … Herring is entitled to a qualified immunity as Sheriff.

Gloria Jean Harper, Individually and as Mother and Next Friend of Jordan Harper a Minor and Jordan Harper v. Harris County, Texas, John P. Denholm

21 F.3d 597 · Court of Appeals for the Fifth Circuit · Jun 28, 1994

Qualified immunity protects a police officer from liability if a reasonable 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 the plaintiff has alleged a violation of a clearly established constitutional' right. Siegert v.

Del A. v. Edwin Edwards, Individually and as Governor of the State of Louisiana

855 F.2d 1148 · Court of Appeals for the Fifth Circuit · Sep 28, 1988

The district court denied the motion, holding that because the alleged illegal actions violated clearly established statutory and federal constitutional rights, qualified immunity was not available. … Id. *1151 Thus, the concept of “clearly established” had to be defined narrowly to serve the goals of qualified immunity.

Peter Clayton McClendon v. City of Columbia, City of Columbia James R. Carney

305 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 5, 2002

established law, and that he was not entitled to qualified immunity. … entitled to qualified immunity, finding that “the law on third-party entry into homes was [not] clearly established in April 1992.”

Parker v. LeBlanc

73 F.4th 400 · Court of Appeals for the Fifth Circuit · Jul 17, 2023

Qualified immunity involves answering two questions: (1) “whether the officer violated a constitutional right,” and (2) “whether the ‘right at issue was “clearly established” at the time of [the] alleged misconduct. … Unlike the plaintiffs in Joseph, Parker identified cases in his district court briefing, as well as in his briefing to this court, that addressed the clearly-established-law prong of the qualified immunity analysis

Donald Gagne, Etc. v. City of Galveston, and Mike Putnal

805 F.2d 558 · Court of Appeals for the Fifth Circuit · Dec 9, 1986

qualified immunity from damages for his death. … But until then, the defense of qualified immunity remains available.

Norvis Harmon v. Dallas County, Texas

927 F.3d 884 · Court of Appeals for the Fifth Circuit · Jun 21, 2019

Next, he argues the district court erred in granting Evans qualified immunity on his First Amendment retaliation claim because his right to engage in the speech at issue was clearly established at the time of his termination … After ordering supplemental briefing on this point, the district court held that the law regarding Harmon’s speech was not clearly established at the time of his termination and thus Evans was entitled to qualified immunity

Atteberry v. Nocona General Hospital

430 F.3d 245 · Court of Appeals for the Fifth Circuit · Nov 3, 2005

clearly established law.” … Objectively Unreasonable “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates