Case law

Robert W. Fowler v. Armond Cross, Commissioner of Florida Parole Board

635 F.2d 476 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

Navarette, 434 U.S. at 562 , 98 S.Ct. at 859 , the Supreme Court said: 9 [T]he [qualified] immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established … The district court’s finding of qualified immunity is clearly erroneous and is reversed. III.

Zarnow v. City of Wichita Falls, Texas

500 F.3d 401 · Court of Appeals for the Fifth Circuit · Sep 13, 2007

Smith, 117 F.3d 866, 871-72 (5th Cir. 1997) (“We do not require that an official demonstrate that he did not violate clearly established federal rights; our precedent places that burden upon plaintiffs.”). … To prevail, Zarnow must show that the search was unreasonable under clearly-established law at the time of the search. See Sorenson v. Ferrie, 134 F.3d 325, 328 (5th Cir. 1998).

Brown v. Lyford

243 F.3d 185 · Court of Appeals for the Fifth Circuit · Feb 21, 2001

II To overcome the qualified immunity of government officials, Brown must show 1) a constitutional violation; 2) of a right clearly established at the time the violation occurred; and 3) that the defendant actually … So much is established for res judicata and the statute of limitations, two other affirmative defenses. . . . Defendants inform us that they want the benefit of qualified immunity.

Click v. Copeland

970 F.2d 106 · Court of Appeals for the Fifth Circuit · Aug 27, 1992

In the first part of Matherne, the court concluded that the defendant was entitled to qualified immunity in his individual capacity because the law was not clearly established in July 1983 that a sheriff could not retaliate … The crucial difference was the analytical framework established by McBee. Id. at 759, 760. The law of McBee was clearly established in January 1988.

Blanca Arizmendi v. Brownsville Indep Sch Dist

919 F.3d 891 · Court of Appeals for the Fifth Circuit · Mar 26, 2019

probable cause for a different charge from that sought in the warrant, but Gabbert is entitled to qualified immunity because this was not clearly established at the time of his conduct. … But Arizmendi has not persuaded us that Gabbert’s actions were then illicit by clearly established law. Gabbert is therefore entitled to qualified immunity.

Alberto F. Morales v. James Haynes and Virginia Perez, Revenue Officers of Irs

890 F.2d 708 · Court of Appeals for the Fifth Circuit · Nov 9, 1989

We hold that the plaintiffs have not shown that the defendants violated any “clearly established” right and that the defendants are entitled to the defense of qualified immunity. We therefore reverse. … established” as to deprive the defendant of his qualified immunity. 702 F.2d at 584 .

Jerry Farrish v. Mississippi State Parole Board

836 F.2d 969 · Court of Appeals for the Fifth Circuit · Feb 5, 1988

Qualified Immunity B. Qualified Immunity Thigpen advances the alternate proposition that even under a qualified immunity theory, he cannot be liable for damages in this case. … legal rules that were ‘clearly established’ at the time it was taken.”

Tyralyn Harris v. New Orleans Police Depart

745 F.3d 767 · Court of Appeals for the Fifth Circuit · Mar 12, 2014

DISCUSSION “Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Once the defendant raises the qualified immunity defense, “the burden shifts to the plaintiff to rebut this defense by establishing that the official’s allegedly wrongful conduct violated clearly established law.”

Hart v. O'Brien

127 F.3d 424 · Court of Appeals for the Fifth Circuit · Nov 6, 1997

Generally speaking, qualified immunity protects government officials performing discretionary functions from civil liability under federal law unless their conduct violates a “clearly established- [federal] statutory or constitutional … One important difference, however, is that official immunity does not incorporate the requirement that the plaintiff show the violation of a clearly established right.

Fernando C. HARVEY, Plaintiff-Appellee, v. Thorne BLAKE, Defendant-Appellant

913 F.2d 226 · Court of Appeals for the Fifth Circuit · Oct 1, 1990

Cater in her individual capacity under the doctrine of qualified immunity. The district court declined, however, to grant Ms. Blake qualified immunity, reasoning that Ms. … which were clearly established at the time, qualified immunity should have been given.

Pierce v. Smith

117 F.3d 866 · Court of Appeals for the Fifth Circuit · Jul 15, 1997

For example, where the complained of conduct is a law enforcement warrantless search of a residence, qualified immunity turns not only on whether it was then clearly established that such a search required probable cause … Gilley, 500 U.S. 226 , 111 S.Ct. 1789 , 114 L.Ed.2d 277 (1991), the Court stated that in a qualified immunity case, “the first inquiry” is whether the plaintiff has “failed to allege the violation of a clearly established

William King v. Jason Chide and Mark Gonzales

974 F.2d 653 · Court of Appeals for the Fifth Circuit · Oct 13, 1992

Our first inquiry in the examination of a defendant’s claim of qualified immunity is whether the Plaintiff has “alleg[ed] the violation of a clearly established constitutional right.” Siegert v. … Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law. Jackson v.

Fred Arispe Cruz, Cross-Appellants v. Dr. George Beto and W. J. Estelle, Jr., Director, Texas Department of Corrections, Cross-Appellees

603 F.2d 1178 · Court of Appeals for the Fifth Circuit · Oct 5, 1979

Although at the time of this trial the qualified immunity defense had not yet been established in such cases, it is now settled that Beto’s exposure to liability for damages under section 1983 is limited by the qualified … Under the first part, persons clothed with this qualified shield lose its protection if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or

James P. Martin v. Memorial Hospital at Gulfport, Wray Anderson, Mitchell Salloum, Edward Reid, and Myrtis Franke

86 F.3d 1391 · Court of Appeals for the Fifth Circuit · Jul 10, 1996

The Supreme Court reversed, holding that the order denying qualified immunity was collateral order immediately appealable under Cohen . … A second major conception animating all of the immunity doctrines is that “where an official’s duties legitimately require action in which clearly established rights are not implicated, the public interest may be better served

Nathan Rice v. Reliastar Life Insurance Co.

770 F.3d 1122 · Court of Appeals for the Fifth Circuit · Oct 27, 2014

Qualified immunity is a two-prong analysis. … The Supreme Court has explained that the clearly established standard incorporates an objective reasonableness inquiry: To be “clearly established” for purposes of qualified immunity, “[t]he contours of the right

Johnson v. Johnson

385 F.3d 503 · Court of Appeals for the Fifth Circuit · Sep 8, 2004

immunity on the ground that Johnson had not alleged violations of rights that were clearly established. … Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient.

Morgan v. Swanson

627 F.3d 170 · Court of Appeals for the Fifth Circuit · Nov 29, 2010

Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

Lincoln v. Barnes

855 F.3d 297 · Court of Appeals for the Fifth Circuit · Apr 20, 2017

Doctrine of Qualified Immunity “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 … Clearly Established Law The second part of the qualified immunity inquiry looks to whether the right was clearly established at the time of the violation.

Leroy J. Matherne, Cross-Appellant v. Charles C. Wilson, Cross-Appellees

851 F.2d 752 · Court of Appeals for the Fifth Circuit · Aug 10, 1988

Fitzgerald 3 standard of “qualified” immunity, a public official *756 cannot be saddled with damages for actions that do not violate “clearly established statutory or constitutional rights of which a reasonable person would … have known.” 4 Wilson argues that in firing Matherne he violated no “clearly established law” and thus was entitled to Harlow immunity.

Glenn v. City of Tyler

242 F.3d 307 · Court of Appeals for the Fifth Circuit · Feb 22, 2001

QUALIFIED IMMUNITY Qualified immunity protects government officials who perform discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional … established law.”