Case law

Wilson v. Gallardo

269 F. App'x 367 · Court of Appeals for the Fifth Circuit · Feb 12, 2008

Public officials are entitled to qualified immunity from suit under § 1983 unless the plaintiff makes specific allegations that the officials violated clearly established law. Morin v. … This court uses a two-part test to determine if qualified immunity applies. “First, [the court] determine[s] if the plaintiff has stated a violation of a clearly established constitutional right.

Wilbert Williams, Personal Representative of the Estate of Ballard Williams, Deceased v. Central Gulf Lines

874 F.2d 1058 · Court of Appeals for the Fifth Circuit · Jun 12, 1989

The vessel was clearly not a ‘public vessel’ under the Public Vessels Act, because it was privately owned and operated. United Continental, 96 S.Ct. at 1325 (emphasis added). … Based on these relationships, Central Gulf argues that the Suits in Admiralty Act functions to waive the United States’ sovereign immunity thus establishing a jurisdictional hook. We agree.

Lovelace v. Pollan

Court of Appeals for the Fifth Circuit · Sep 9, 2024

To overcome qualified immunity, Lovelace must show: defendants violated a constitutional or statutory right; and the right was “clearly established at the time of the alleged misconduct”. Cleveland v. … In the alternative, he fails to “point out clearly established law”. In short, he does not overcome qualified immunity. Tucker v. City of Shreveport, 998 F.3d 165, 173 (5th Cir. 2021).

Bolton v. City of Dallas, Tex.

541 F.3d 545 · Court of Appeals for the Fifth Circuit · Aug 21, 2008

The panel also concluded, however, that Benavides was entitled to qualified immunity in his individual capacity because the precedent governing the case, Muncy v. … City of Dallas, 335 F.3d 394 (5th Cir. 2003), did not clearly proscribe Benavides’s termination of Bolton. Bolton, 472 F.3d at 266.

Earl Thomas v. City of San Antonio, Texas

595 F. App'x 378 · Court of Appeals for the Fifth Circuit · Dec 19, 2014

reasonable under clearly established law at the time of the shooting. … Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Jules R. Viterbo, Et Ux, (Patricia Viterbo) v. The Dow Chemical Co.

826 F.2d 420 · Court of Appeals for the Fifth Circuit · Sep 11, 1987

Johnson performed did not establish a causal link between Viterbo’s symptoms and Tor-don 10K. The district judge further noted that Dr. … Johnson was properly qualified as an expert. The dispute centers on the source and basis of the expert opinion that he tendered.

John W. Bode and Toni Bode v. United States of America, Internal Revenue Service

919 F.2d 1044 · Court of Appeals for the Fifth Circuit · Feb 26, 1991

established”); National Ass’n of Concerned Veterans v. … Based on the record, we find that this conclusion was not clearly erroneous.

Aaron Jordan v. Derek Brumfield

687 F. App'x 408 · Court of Appeals for the Fifth Circuit · Apr 26, 2017

Jordan first claims that the district court impermissibly required him to anticipate the qualified immunity defense; however, it is well established that a plaintiff must plead facts sufficient to overcome qualified immunity … When a defendant claims qualified immunity, the district court may, at its discretion, request that the plaintiff reply to a pleading that asserts qualified immunity, and it should ordinarily permit such a reply.

Nicolas Marquez v. Nathaniel Quarterman

440 F. App'x 318 · Court of Appeals for the Fifth Circuit · Sep 7, 2011

“Government officials performing discretionary functions are entitled to qualified immunity from civil liability to the extent that their conduct does not violate clearly established statutory or constitutional rights of … Additionally, Thaler would not be entitled to qualified immunity for Marquez’s claim for prospective injunctive relief under § 1983, as qualified immunity does not extend to suits for prospective relief. See Orellana v.

George Jackson v. R. Harris

446 F. App'x 668 · Court of Appeals for the Fifth Circuit · Sep 14, 2011

“If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the government official is entitled to qualified immunity.” Id. … Jackson’s allegations are insufficient to overcome Harris’s qualified immunity.

Clarence Schreane v. Joe Keffer

575 F. App'x 486 · Court of Appeals for the Fifth Circuit · Jul 21, 2014

Beemon moved for summary judgment on the basis of qualified immunity, which has two components: (1) the violation of a constitutional right (2) that was clearly established at the time of the defendant’s conduct. … To overcome qualified immunity, Schreane must show that Beemon violated a right that was “clearly established” at the time. Pearson, 555 U.S. at 232.

Roake v. Brumley

141 F.4th 614 · Court of Appeals for the Fifth Circuit · Jun 20, 2025

Their display in public school classrooms, as required by H.B. 71, qualifies as a religious display. … “Generally, States are immune from suit under the terms of the Eleventh Amendment and the doctrine of sovereign immunity.” Whole Woman’s Health v. Jackson, 595 U.S. 30, 39 (2021).

Washington Legal Foundation v. Texas Equal Access to Justice Foundation

94 F.3d 996 · Court of Appeals for the Fifth Circuit · Sep 12, 1996

In this case, nearly all deposits would earn interest and clients clearly would be entitled to their funds. We find no basis to hinge property interests on the fickle tax code. … The Eleventh Amendment shields states and their agencies from suits in federal court without the states' consent.49 Initially, we note that the Texas Supreme Court is entitled to Eleventh Amendment immunity.50 This immunity

Norman Jett v. Dallas Independent School District and Frederick Todd

798 F.2d 748 · Court of Appeals for the Fifth Circuit · Aug 27, 1986

Second, Todd is not protected by the qualified good faith immunity, because he violated Jett’s constitutional rights and those rights were clearly established at the time of the recommendation. Davis v. … Jett clearly had a protected property interest in the remaining year of his five-year teaching contract.

United States v. Coffeeville Consolidated School District

513 F.2d 244 · Court of Appeals for the Fifth Circuit · May 8, 1975

Judges Wisdom and Simpson cannot say that his finding was clearly erroneous. … I do not think that this Court has ever intended to place the badge of immunity on mouth tapings and gun shibboleths.

Stephen Allen Lynn, P.C. Employee Profit Sharing Plan and Trust v. Stephen Allen Lynn, P.C., Florence Veronica Lynn

25 F.3d 280 · Court of Appeals for the Fifth Circuit · Aug 1, 1994

Lynn to withdraw money held as community property in his retirement account. 3 The targeted retirement account, the Stephen Allen Lynn, P.C., Employee Profit Sharing Plan and Trust (the “Plan”), was established by Mr. … Lynn qualified as an alternate payee under a qualified domestic relations order (“QDRO”) when on June 24, 1992, the state court issued the decree of divorce.

Melancon v. Amoco Production Co.

834 F.2d 1238 · Court of Appeals for the Fifth Circuit · Jan 6, 1988

We do not upset a district court’s factual findings unless they are clearly erroneous. In Ruiz v. … We remand to the district court for determination of Amoco’s expenses in defending against the Melancon suit, including the costs Amoco incurred in establishing its indemnity claim against Beraud. VI.

Graves v. Williamson Cty Shrf

277 F. App'x 344 · Court of Appeals for the Fifth Circuit · Apr 30, 2008

Zachary unsuccessfully moved for summary judgment, claiming qualified immunity. … We “appl[y] a two-step analysis to determine whether a defendant is enti- tled to summary judgment on the basis of qualified immunity.

Liker v. Marino

78 F.3d 582 · Court of Appeals for the Fifth Circuit · Feb 2, 1996

There being no clearly established right, the defendants are entitled to qualified immunity. … The sheriff argued that he was entitled to qualified immunity. Id.

Ann Marie Lindsey v. Prive Corporation, D/B/A Cabaret Royale, Linda York v. Prive Corporation, D/B/A Cabaret Royale

987 F.2d 324 · Court of Appeals for the Fifth Circuit · May 21, 1993

This result is clearly at odds with the mandate of McDonnell Douglas that a plaintiff be afforded a full and fair opportunity to demonstrate that the stated reason for rejection was in fact pretext. 11 Cabaret Royale invites … This clearly is a legitimate business reason for discharge.