Case law

Walls v. Mississippi State Department of Public Welfare

730 F.2d 306 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

Austin State University, 706 F.2d 608, 623 (5th Cir. 1983), on appellate review the standard we apply is whether the district court clearly erred in finding whether the plaintiff class established a prima facie factual case … of qualifications for most employment in the State Department and the various county departments and that the Merit System Council is responsible for the administration of competitive or qualifying examinations for such

Manning v. Chevron Chemical Co., LLC

332 F.3d 874 · Court of Appeals for the Fifth Circuit · Jun 13, 2003

In order to demonstrate that Chevron’s asserted justification (that Williams and Noyes were more qualified) was pretext, Manning can attempt to show that he was “clearly better qualified” for the T-1 position. … Indeed, it is not even apparent that Manning himself believes he was clearly better qualified than both Williams and Noyes.

Kurby Decker v. Chequita Dunbar

358 F. App'x 509 · Court of Appeals for the Fifth Circuit · Dec 21, 2009

’ conduct was objectively unreasonable in light of the legal rules clearly established at the time of their actions. … Because Decker has not established that Appellees’ conduct violated any constitutional right, Appellees are entitled to qualified immunity for claims brought against them in their individual capacities.

Darlak v. Bobear

814 F.2d 1055 · Court of Appeals for the Fifth Circuit · Apr 20, 1987

DHHR is clearly concerned with statewide health problems. Id. § 36:251. Charity, however, is concerned only with the administration of the hospital, which is one factor against a finding of immunity in its case. … Darlak’s due process rights were not violated, we need not reach the issue of whether the individual defendants would be protected by qualified immunity.

O'Dwyer v. Department of Transportation & Development

309 F. App'x 833 · Court of Appeals for the Fifth Circuit · Feb 5, 2009

The district court dismissed O’Dwyer’s § 1983 claims against individual state officers, on qualified immunity grounds, under Federal Rule of Civil Procedure 12(b)(6). … Once the validity of service has been contested, the plaintiff bears the burden of establishing its validity. Carimi v. Royal Carribean Cruise Line, Inc., 959 F.2d 1344, 1346 (5th Cir.1992).

Faulkenbery v. Lee

307 F. App'x 813 · Court of Appeals for the Fifth Circuit · Jan 21, 2009

immunity. … of fact when, as here, the non- movant's version, if prevailing, would establish the violation of a clearly established constitutional right by the discretionary acts of a public official that were not objectively reasonable

Santa Fe Snyder Corp v. Babbitt

385 F.3d 884 · Court of Appeals for the Fifth Circuit · Oct 4, 2004

Section 304 establishes the royalty suspension program for new deep water leases. … Congress clearly imposed a New Production Requirement on Existing Leases. It did not do so for New Leases.

John Thomas v. Bessie Carter

593 F. App'x 338 · Court of Appeals for the Fifth Circuit · Dec 8, 2014

The test for qualified immunity is well established: “(1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and, (2) if so, whether the defendant’s conduct was objectively unreasonable … Because the facts as alleged by Thomas do not support a conclusion that the Medical Defendants violated a clearly established right, the Medical Defendants are entitled to qualified immunity. B.

Joseph Barber, Jr. v. Cedric Glover

613 F. App'x 433 · Court of Appeals for the Fifth Circuit · Aug 21, 2015

Id. 1 Mogavero is entitled to qualified immunity 1 Mogavero states that, in addition to having jurisdiction to review the district court’s denial of qualified immunity on the Plaintiffs’ § 1983 claims, we have jurisdiction … established law.

Dallas Independent School District v. J. W. Edgar, Commissioner of Education

255 F.2d 455 · Court of Appeals for the Fifth Circuit · May 23, 1958

determine continuance or abolition of a dual school system in each public school district in the State of Texas; requiring continuance of such dual school system until abolishment thereof be authorized by prior vote of the qualified … of any civil action authorized by law to be commenced by any person: t\: * * * * “(3) To redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity

Gorsky v. Guajardo

Court of Appeals for the Fifth Circuit · May 26, 2023

Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.

De Angelis v. The City of El Paso

265 F. App'x 390 · Court of Appeals for the Fifth Circuit · Feb 19, 2008

Leon invoked qualified immunity. … The brief provides no legal analysis regarding qualified immunity, cites no case law for any legal propositions regarding qualified immunity, and in fact does not even use the term “qualified immunity.”

Bobby Byrd v. City of Bossier

624 F. App'x 899 · Court of Appeals for the Fifth Circuit · Sep 10, 2015

“Qualified immunity shields government officials from civil damages liability unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” … excessive and violated Byrd’s Fourth Amendment rights in light of clearly established law.

Sarabia v. Noem

Court of Appeals for the Fifth Circuit · Aug 22, 2025

] immunity [are] subject-matter jurisdictional.” … “If associating time limits with waivers of sovereign immunity clearly made those limits jurisdictional, equitable exceptions would be just as clearly foreclosed.” Id.

Lydia Buchanan v. Gulfport Police Department, et a

530 F. App'x 307 · Court of Appeals for the Fifth Circuit · Jun 5, 2013

The well-established qualified-immunity analysis has two prongs. … Under the first prong of qualified-immunity analysis, these facts, established under collateral estoppel, compel the Officers’ being entitled to qualified immunity, as discussed below.

Jose Escarcega v. City of Lubbock Police Dept, et

701 F. App'x 338 · Court of Appeals for the Fifth Circuit · Jul 21, 2017

right was clearly established at the time of the challenged conduct. … motions for summary judgment on the basis of qualified immunity.

S&M BRANDS, INC. v. Caldwell

614 F.3d 172 · Court of Appeals for the Fifth Circuit · Aug 10, 2010

The plaintiffs further assert that the only defense potentially available to the Attorney General is the implied state-action immunity found under Parker v. … App’x 560 (6th Cir. 2007) (finding that the MSA and Escrow Statute were immune from challenge on antitrust grounds under the state-action doctrine).

United States v. Flores

404 F.3d 320 · Court of Appeals for the Fifth Circuit · Mar 16, 2005

Thus, he was deemed to have established a prima facie case for eligibility, and accordingly, he was granted temporary treatment benefits. … This statement, to the extent that it was a factual finding, is clearly erroneous.

Wesley Jones v. City of Houston

689 F. App'x 337 · Court of Appeals for the Fifth Circuit · May 15, 2017

established law. … Without a question of law to resolve, we lack jurisdiction over the denial of qualified immunity. See id.

Harris v. Forrest County MS

254 F. App'x 410 · Court of Appeals for the Fifth Circuit · Nov 19, 2007

Qualified Immunity Qualified immunity shields government officials from both liability and suit when they are acting within their discretionary authority and their conduct does not violate clearly established statutory or … Consequently, Harris’s Fourth Amendment claim against Payne does not state a claim for a violation of clearly established law, and the district court erred when it denied qualified immunity to Payne on this claim.