Case law

Kiser v. Garrett

67 F.3d 1166 · Court of Appeals for the Fifth Circuit · Oct 20, 1995

In September 1993, the child protective services functions of DHS were constitutional rights were not clearly established at the time in issue, the appellees are shielded by qualified immunity. … Louisiana's conclusion that the right to family integrity is not clearly established.

Jesus Hernandez v. Unknown Named Agents, et

785 F.3d 117 · Court of Appeals for the Fifth Circuit · Apr 24, 2015

That is the chore of the first prong of the qualified-immunity test, which we do not address. The alleged right at issue was not clearly established, under these facts, in 2010. The judgment of dismissal is AFFIRMED. … We hold unanimously that Agent Mesa has qualified immunity from this suit for a Fifth Amendment substantive due process violation because he did not violate any clearly established rights flowing from that Amendment.

Hassan Ex Rel. Hassan v. Lubbock Independent School District

55 F.3d 1075 · Court of Appeals for the Fifth Circuit · Jun 27, 1995

Questions of law are reviewed ... de novo."5 In examining the claims of qualified immunity on summary judgment, we first inquire whether Hassan has alleged "the violation of a clearly … The determination whether a right is "clearly established" is a more particularized inquiry than Hassan suggests; otherwise, plaintiffs could "convert the rule of qualified immunity ... into a rule of virtually unqualified

Oscar F. Sanchez Liliana Sanchez v. Charles Swyden, Inspector, Warren K. Hayward, Officer

131 F.3d 1144 · Court of Appeals for the Fifth Circuit · Jan 13, 1998

We disagree, go no further than step one of the qualified immunity analysis, and conclude that Sanchez has not shown that the defendants deprived him of a clearly established constitutional right. In Baker v. … CONCLUSION Finding that Sanchez has not shown that he has been deprived of a clearly established constitutional right, we hold that all defendants named in Sanchez’s § 1983 suit are entitled to qualified immunity as a matter

Christina Romero v. Amanda Brown

937 F.3d 514 · Court of Appeals for the Fifth Circuit · Aug 29, 2019

The court held that a violation of the right to family integrity was not clearly established in the context of a social worker investigation, entitling both Brown and Mouton to qualified immunity. … Those allegations do not establish that the officers violated clearly established law.

Levon Brooks v. Steven Hayne

860 F.3d 819 · Court of Appeals for the Fifth Circuit · Jun 27, 2017

asks whether the right in question was ‘clearly established’ at the time of the violation.” 10 4 Brooks’ state law claims against Dr. … Qualified immunity is a complete defense, and Defendants are entitled to summary judgment on the basis of qualified immunity unless Plaintiffs can show triable issues as to whether Defendants violated a clearly established

Robert B. Brown v. Texas a & M University

804 F.2d 327 · Court of Appeals for the Fifth Circuit · Nov 17, 1986

Perez In order to overcome Reynolds’ claim of qualified immunity, Brown must show that Reynolds’ conduct “violate[d] clearly established statutory or constitutional rights of which a reasonable person would have known.” … Forsyth, 105 S.Ct. at 2816 (“Unless plaintiffs allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”).

Metlin v. Palastra

729 F.2d 353 · Court of Appeals for the Fifth Circuit · Apr 9, 1984

After finding appellate jurisdiction over the denial of the officer’s claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled to qualified … Unless the ... plaintiff can establish that the defendant officials have violated clearly established law, the claim for damages must be dismissed.” Sampson v. King, 693 F.2d 566, 570 (5th Cir.1982).

Bevill v. Wheeler

103 F.4th 363 · Court of Appeals for the Fifth Circuit · May 30, 2024

The doctrine of qualified immunity “shields public officials sued in their individual capacities ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … As noted above, once an official asserts the defense of qualified immunity, the plaintiff must show that “(1) the official violated a statutory or constitutional right, and (2) the right was ‘clearly established’ at the time

William Brinsdon v. McAllen Independent Sch Dist

863 F.3d 338 · Court of Appeals for the Fifth Circuit · Jun 30, 2017

To establish that qualified immunity does not apply, Brinsdon must prove that Santos or Cavazos (1) “violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … Second, the district court held that Santos and Cavazos were entitled to qualified immunity because how existing law applied to the facts was not clearly established.

Argueta v. Jaradi

86 F.4th 1084 · Court of Appeals for the Fifth Circuit · Nov 17, 2023

The qualified-immunity inquiry has two parts. … Once an officer pleads qualified immunity, it is the plaintiff’s burden to establish that the officer violated the plaintiff’s clearly established federal rights. Estate of Davis v.

Roberts v. City of Shreveport

397 F.3d 287 · Court of Appeals for the Fifth Circuit · Jan 13, 2005

established law.” … Louisiana applies qualified immunity principles to state constitu- tional law claims based on “[t]he same factors that compelled the United States Supreme Court to recognize a qualified good faith immunity for state officers

Spiller v. Harris County

113 F.4th 573 · Court of Appeals for the Fifth Circuit · Aug 30, 2024

However, unique to the qualified immunity context, “to overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Id. … Sergeant Lindsay is entitled to qualified immunity on Spiller’s excessive force claim.

Von Derhaar v. Watson

109 F.4th 817 · Court of Appeals for the Fifth Circuit · Jul 30, 2024

“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 rights of which a reasonable person … “The second prong of the qualified- immunity analysis asks whether the right in question was ‘clearly established’ at the time of the violation.” Id. at 656 (quoting Hope v. Pelzer, 536 U.S. 730, 739 (2002)).

DePree v. Saunders

588 F.3d 282 · Court of Appeals for the Fifth Circuit · Nov 13, 2009

First, if DePree’s speech was constitutionally protected, Saunders was entitled to qualified immunity because her conduct did not violate a clearly established constitutional right. Foley v. … “Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003).

Shipp v. McMahon

199 F.3d 256 · Court of Appeals for the Fifth Circuit · Jan 7, 2000

’s assertion of qualified immunity. … Thus, courts engage in a two-step analysis to address claims of qualified immunity. *262 First, to show that a right is clearly established, the plaintiff does not have to refer to precedent that is directly on point, or

Harold Wayne Enlow v. Tishomingo County, Mississippi, Jim Wall, in His Individual Capacity

962 F.2d 501 · Court of Appeals for the Fifth Circuit · Aug 6, 1992

Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions in light of clearly established law. Id. at 639 , 107 S.Ct. at 3038 . … s first inquiry — he has also set forth a violation of a clearly established Fourth Amendment right. We now address the second inquiry under Siegert— Wall’s entitlement to his qualified immunity defense.

Chiu v. Plano Independent School District

260 F.3d 330 · Court of Appeals for the Fifth Circuit · Jul 24, 2001

We apply a two-step analysis to determine whether a public official is entitled to qualified immunity. “First, we must examine whether the plaintiff has alleged a violation of a clearly established right.” … FIRST AMENDMENT ANALYSIS Under the first prong of our qualified immunity analysis, we must determine whether Plaintiffs have alleged a violation of a clearly established right. See Evans v.

Gerhart v. McLendon

714 F. App'x 327 · Court of Appeals for the Fifth Circuit · Oct 25, 2017

A public official is entitled to qualified immunity unless a plaintiff can show “(1) that the official violated a statutory' or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … The Eleventh Circuit concluded that the officer’s failure to do so violated clearly established law and that he was not entitled to qualified immunity. See id. at 955-56 .

Goodson v. City of Corpus Christi

202 F.3d 730 · Court of Appeals for the Fifth Circuit · Jan 26, 2000

Qualified Immunity 7  In considering Gaines and Perez’s qualified immunity claim, we must remain cognizant of the fact that the “qualified . . . … But that dispute is not dispositive of the qualified immunity question at this moment.