Case law

Al-Ra'id v. Ingle

69 F.3d 28 · Court of Appeals for the Fifth Circuit · Nov 6, 1995

In assessing qualified immunity, we engage in a two-step analysis. First, we determine whether a plaintiff has alleged the violation of a clearly established constitutional right under the current state of the law. … Moreover, the defendants’ actions were not violative of clearly established law.

McKay v. LaCroix

117 F.4th 741 · Court of Appeals for the Fifth Circuit · Sep 23, 2024

They also asserted qualified immunity. … A state official is entitled qualified im- munity unless: (1) the plaintiff alleged a violation of a constitutional right; and (2) that right was “clearly established” at the time of the alleged violation. Cope v.

Kerr v. Lyford

171 F.3d 330 · Court of Appeals for the Fifth Circuit · Apr 14, 1999

Moving for summary judgment, Goar, Minshew, Fleig, and Baggs claimed qualified immunity; Lyford asserted absolute and qualified immunity. B. … Thus, to proceed against a defendant claiming qualified immunity, a plaintiff must demonstrate the existence and violation of a clearly established constitutional right; the defendant may then show that he was performing

Williams v. Kaufman County

352 F.3d 994 · Court of Appeals for the Fifth Circuit · Sep 8, 2003

Qualified Immunity Standard To prevail in a § 1983 suit, a plaintiff must overcome an officer’s defense of qualified immunity. Last term, in Hope v. … Whether the law was “clearly established” Although we hold today that the prolonged detention of plaintiffs was unlawful, we nonetheless agree with the district court that qualified immunity shields

Karen Kelly Austin, Individually and as Natural Tutrix of Minors, Renee Chevelle Henry and Raenell Lynn Henry v. Ronald Borel and Janenne Trahan

830 F.2d 1356 · Court of Appeals for the Fifth Circuit · Dec 21, 1987

Qualified immunity shields only that conduct not violative of clearly established constitutional rights of which a reasonable person would have known. 14 Absolute immunity, in contrast, precludes any action for damages, so … established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.

Shaboon v. Duncan

252 F.3d 722 · Court of Appeals for the Fifth Circuit · Jun 12, 2001

rules that were ‘clearly established’ at the time it was taken.” … Further, these violations might be found to be so “clearly established” as to overcome Duncan’s qualified immunity defense.

Natasha Whitley v. John Hanna

726 F.3d 631 · Court of Appeals for the Fifth Circuit · Aug 8, 2013

Qualified Immunity “The doctrine of qualified immunity protects government officials from civil damages liability when their actions could reasonably have been believed to be legal.” Morgan v. … Therefore, a plaintiff seeking to overcome qualified immunity must 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

Wilkerson v. University of North Texas Ex Rel. Board of Regents

878 F.3d 147 · Court of Appeals for the Fifth Circuit · Dec 20, 2017

In turn, the doctrine of qualified immunity guards officials from civil li- ability “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Clearly established law prob- ably foreclosed, not welcomed, Wilkerson’s due process claim. 10 We therefore reverse and render qualified immunity to the administra- tors on the § 1983 claim. Accord King v.

Constance Westfall v. Jose Luna

903 F.3d 534 · Court of Appeals for the Fifth Circuit · Sep 13, 2018

As is well-established, “qualified immunity means immunity from having to stand trial, not simply immunity from monetary liability.” Id. … “[I]t is clearly established that ‘a consent which waives Fourth Amendment rights may be limited, qualified, or withdrawn.’” Gates v. Tex.

Oliver v. Arnold

3 F.4th 152 · Court of Appeals for the Fifth Circuit · Jun 29, 2021

right was clearly established at the time of their conduct. … Qualified immunity yields only where an official violates “clearly established law,” meaning binding authority “that defines the contours of the right in question with a high degree of particularity.” Morgan v.

Mary Elizabeth Dunn v. Mike Denk, Cross-Appellee

79 F.3d 401 · Court of Appeals for the Fifth Circuit · Mar 19, 1996

The question before us is whether Denk was entitled to qualified immunity as a matter of law. We begin by determining whether Dunn alleged the violation of a clearly established constitutional right. … arrestee] are clearly established or not,” Dunn v.

Cozzo v. Tangipahoa Parish Council-President Government

279 F.3d 273 · Court of Appeals for the Fifth Circuit · Jan 10, 2002

They maintain that they are entitled to qualified immunity from Ms. Cozzo’s claims because interpretation of the TRO to require her eviction was clearly within Captain People’s discretionary authority. … Cozzo clearly established Fourth Amendment rights, we are required to address only the second pro ng of the qualified immunity test, that is, whether Deputy Joiner’s actions were objectively reasonable.

Doug Morgan v. Plano Independent School Dist

Court of Appeals for the Fifth Circuit · Apr 2, 2014

To overcome the qualified immunity defense at the pleading stage, Morgan must allege that the objectionable conduct violated a right that was “clearly established at the time.” Pearson v. … The prior cases had so clearly established the law that the plaintiff was able to overcome the presumption in favor of qualified immunity. Id. at 1030.

Jennings v. Patton

635 F.3d 655 · Court of Appeals for the Fifth Circuit · Mar 9, 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 … immunity, inquiring: (1) whether the facts that the plaintiff has alleged make out a violation of a constitutional right; and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged

Teresa Buchanan v. F. Alexander

919 F.3d 847 · Court of Appeals for the Fifth Circuit · Mar 22, 2019

The qualified immunity inquiry comprises two questions: (1) “whether the defendant violated the plaintiff’s constitutional rights” and (2) whether that right was clearly established. 32 “We now have discretion to skip the … That is because of the second part of the qualified immunity inquiry, which requires a plaintiff to show that any violation of rights was clearly established at the time the conduct occurred.

Brandy Hamilton v. Nathaniel Turner

845 F.3d 659 · Court of Appeals for the Fifth Circuit · Jan 12, 2017

Kindred moved for summary judgment, arguing that he was entitled to qualified immunity because at the time of the incident, bystander liability was not clearly established in the Fifth Circuit in cases not involving excessive … DISCUSSION We have jurisdiction to review a district court’s denial of qualified immunity “only to the extent that the appeal concerns the purely legal question whether the defendants are entitled to qualified immunity

Fisher v. Moore

62 F.4th 912 · Court of Appeals for the Fifth Circuit · Mar 16, 2023

The school officials sought dismissal on qualified-immunity grounds, arguing that the state-created danger doctrine was not clearly established in this circuit when the underlying events occurred. … “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

Gullatte v. Potts

654 F.2d 1007 · Court of Appeals for the Fifth Circuit · Aug 31, 1981

of the qualified immunity. 590 F.2d at 110 . … qualified immunity as an affirmative defense to the action.

Gibson v. Rich

44 F.3d 274 · Court of Appeals for the Fifth Circuit · Jan 30, 1995

Qualified immunity shields government officials performing discretionary functions from liability unless their conduct violates clearly established statutory or constitutional rights of which a reasonable … In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer

Wayne Ernest Barker v. Ben Norman and Jack Ballas

651 F.2d 1107 · Court of Appeals for the Fifth Circuit · Jul 30, 1981

qualified immunity defenses. … The Scope of the Qualified Immunity-Defenses 1.