Case law

Sarah Doe v. Jerald Neveleff

751 F.3d 383 · Court of Appeals for the Fifth Circuit · May 6, 2014

“[E]valuating qualified immunity is a two-step process, and the burden is on the plaintiff to prove that a government official is not entitled to qualified immunity.” Wyatt v. … Even if we were to construe the Fifth Amendment to extend so far, no established authority at the time of the assaults would have enabled Plaintiffs to overcome qualified immunity.

Erin Lincoln v. City of Colleyville, Texas

887 F.3d 190 · Court of Appeals for the Fifth Circuit · Apr 5, 2018

“[O]fficers are entitled to qualified immunity under [42 U.S.C.] § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time. … It follows that these officers—Meeks, Scott, and Barnes—similarly were not bound by any such clearly established law. The district court correctly granted these officers qualified immunity.

Alan D. Whatley v. Robert E. Philo

817 F.2d 19 · Court of Appeals for the Fifth Circuit · May 18, 1987

GEE, Circuit Judge: This § 1988 case presents the question whether the plaintiff has vitiated the defendants’ qualified immunity defense. … The defendants asserted their qualified immunity defense. The district court dismissed on summary judgment, 1 on the basis that Whatley had failed to overcome the immunity defense.

Jennings v. Patton

644 F.3d 297 · Court of Appeals for the Fifth Circuit · Jun 17, 2011

B The doctrine of qualified immunity protects public officials from liability for civil, damages “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … ; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct. 3 Id. at 815-16 (citing Saucier v.

Maria S. v. Garza

912 F.3d 778 · Court of Appeals for the Fifth Circuit · Jan 4, 2019

The qualified immunity analysis has two prongs: (1) whether the facts, taken in the light most favorable to the plaintiffs, demonstrate that an officer violated a federal right and (2) whether the right was clearly established … The district court correctly awarded qualified immunity. For the foregoing reasons, we AFFIRM the district court's grant of qualified immunity. Agent Garza does not recall being told this.

Hare ex rel. Hare v. City of Corinth

22 F.3d 612 · Court of Appeals for the Fifth Circuit · Jun 10, 1994

to summary judgment on the grounds of qualified immunity. … Clearly Established Constitutional Injury In reviewing the denial of a summary judgment motion based on a claim of qualified immunity, the Supreme Court has taught that the first inquiry is whether the plaintiff has asserted

Heitschmidt v. City of Houston

161 F.3d 834 · Court of Appeals for the Fifth Circuit · Nov 23, 1998

clearly established Fourth Amendment rights, and (2) allege conduct that is objectively unreasonable. … With regard to his unlawful detention claim, Heitschmidt asserts his clearly established right to be free from unreasonable seizure of his person, a right which he maintains includes the clearly established right to be free

James Terry, Jr. v. City of New Orleans

609 F.3d 757 · Court of Appeals for the Fifth Circuit · Jun 21, 2010

Jurisdiction and Standard of Review “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 … Based on these principles, the Warden’s conduct did not violate clearly established law.

Muhammed Kenyatta v. Roy K. Moore, James O. Ingram and Thomas Fitzpatrick

744 F.2d 1179 · Court of Appeals for the Fifth Circuit · Oct 29, 1984

In Harlow the Supreme Court simplified the qualified immunity defense, jettisoning the previous requirement of good faith, and announced a simple objective standard; whether a defendant violated “clearly established” law … As we have explained above, the Harlow Court eliminated the subjective prong from analysis of qualified immunity; what remains is the question whether the agents’ actions violated rights clearly established at the time.

Velasquez v. Audirsch

574 F. App'x 476 · Court of Appeals for the Fifth Circuit · Jul 3, 2014

Qualified immunity protects governmental officials from liability so long as their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … In this context, “qualified immunity turns ... on whether it was then ‘clearly established that the circumstances with which’ the officer ‘was confronted did not constitute probable cause and exigent circumstances.’ ” Pierce

Abdul Khan v. Newell Normand, Sheriff, et a

683 F.3d 192 · Court of Appeals for the Fifth Circuit · Jun 1, 2012

Qualified immunity protects government officials from money damages unless a plaintiff shows: (1) the official violated a statutory or constitutional right; and (2) the right was clearly established at the time of the challenged … Courts “have discretion to decide which of the two prongs of qualified-immunity analysis to tackle first.” Id.

Chrissy F., by Her Next Friend and Guardian Ad Litem Donna Medley v. Mississippi Department of Public Welfare

925 F.2d 844 · Court of Appeals for the Fifth Circuit · Mar 8, 1991

defendant violated clearly established law. … to qualified immunity.

Villarreal v. City of Laredo

44 F.4th 363 · Court of Appeals for the Fifth Circuit · Aug 12, 2022

The district court dismissed her First Amendment infringement claim against various officials on qualified immunity grounds, finding that any violation was not clearly established at the time. … of clearly established law.

Bailey v. Iles

78 F.4th 801 · Court of Appeals for the Fifth Circuit · Aug 25, 2023

However, “[a] qualified immunity defense alters the usual summary judgment burden of proof” because the plaintiff, to overcome qualified immunity, “must rebut the defense by establishing a genuine [dispute of material … An officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Id.

Thomas Burnside v. Nueces County, Texas

773 F.3d 624 · Court of Appeals for the Fifth Circuit · Dec 9, 2014

clearly established at the time of the challenged conduct. … And, the law is clearly established that such a retaliatory action, if proved, violates the First Amendment.

Haggerty v. Texas Southern University

391 F.3d 653 · Court of Appeals for the Fifth Circuit · Nov 18, 2004

Jurisdiction over this Appeal “Denial of summary judgment on the ground of qualified immunity is immediately appealable to the extent that the question on appeal is whether the undisputed facts amount to a violation of clearly … established law.”

Thad Delaughter v. Ronald Woodall

909 F.3d 130 · Court of Appeals for the Fifth Circuit · Nov 19, 2018

Clearly established law Having established that summary judgment on the first prong was incorrect, we turn to the second prong of the qualified immunity analysis. … Therefore, if the fact issues under prong one were resolved in Delaughter’s favor, Hatten’s conduct would violate clearly established law and he would not be entitled to qualified immunity.

Crane v. City of Arlington

50 F.4th 453 · Court of Appeals for the Fifth Circuit · Sep 30, 2022

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second step of the qualified immunity inquiry is asking “whether the violated constitutional right was clearly established at the time of the violation.” 58 The purpose of this inquiry is to determine whether the

Aucoin v. Haney

306 F.3d 268 · Court of Appeals for the Fifth Circuit · Oct 1, 2002

to support Haney politically in his campaign for District Attorney; if the law was not clearly established, then the district court erred, and Haney is entitled to qualified immunity and the dismissal of the complaint … Haney therefore is entitled to qualified immunity.

Davis v. Hodgkiss

11 F.4th 329 · Court of Appeals for the Fifth Circuit · Aug 25, 2021

The first such determination is “that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.” Id. … The officer will be entitled to qualified immunity if no constitutional violation occurred or if the conduct “did not violate law clearly established at the time.” Id.