Case law

Allen Hopkins, Cross-Appellant v. John E. Stice and Texas Dept. Of Corrections, John E. Stice, Cross-Appellee

916 F.2d 1029 · Court of Appeals for the Fifth Circuit · Dec 11, 1990

Hopkins must persuade that Stice deprived him of a protectible property or liberty interest without due process of law, and, because Stice as a public official is protected by qualified immunity, that Stice violated a clearly … Public officials are, of course, immune from liability unless their conduct violates a clearly established constitutional or statutory norm, a question not necessarily answered by the certainty of the legal rule.

Kitt v. Bailey

676 F. App'x 350 · Court of Appeals for the Fifth Circuit · Feb 14, 2017

Because McCreary invoked the defense of qualified immunity, Kitt must also negate that defense by pleading facts to show a violation of a right that was clearly established at the time of the incident and that, in light of … that clearly established law, the defendant’s conduct was objectively unreasonable.

Williams v. Ballard

466 F.3d 330 · Court of Appeals for the Fifth Circuit · Sep 28, 2006

I The district court concluded that qualified immunity shielded defendants, precluding damages, because Williams’s right to procedural due process was not a “clearly established statutory or constitutional … This makes sense, given the different goals of AEDPA and qualified immunity.

Ford v. Anderson County

102 F.4th 292 · Court of Appeals for the Fifth Circuit · May 22, 2024

of qualified immunity. … This court’s unpublished opinions cannot clearly establish the law for the purposes of qualified immunity, but they nevertheless may “aptly illustrate[] the established right.” Cooper v.

Joseph M. Schultea, Sr. v. David Robert Wood, David Robert Wood, Homer Ford, W.F. "Slim" Plagens, and Warren K. Driver

27 F.3d 1112 · Court of Appeals for the Fifth Circuit · Aug 26, 1994

As public officials, the Defendants “are entitled to qualified immunity from suit under section 1983 unless it is shown by specific allegations that [they] violated clearly established constitutional law.” 2 Salas v. … In reviewing a denial of qualified immunity, we first must determine whether the plaintiff has stated a violation of a clearly established eonstitution *1116 al right. Id.

Hankins v. Wheeler

109 F.4th 839 · Court of Appeals for the Fifth Circuit · Aug 1, 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 … of clearly established law.”

Spuler v. Pickar

958 F.2d 103 · Court of Appeals for the Fifth Circuit · Apr 14, 1992

Notwithstanding, court challenges associated with denial of tenure persist; and the affirmative qualified immunity defense rests on whether public officials have violated a clearly-established right. … The defendants did not violate any clearly established constitutional rights and were thus entitled to qualified immunity. The decision of the district court is AFFIRMED in all respects. .

Short v. West

662 F.3d 320 · Court of Appeals for the Fifth Circuit · Nov 2, 2011

established law. … established law.

Rogelio Flores-Abarca v. William Barr, U. S. Atty

Court of Appeals for the Fifth Circuit · Aug 16, 2019

See Valerio-Ochoa, 241 F.3d at 1095–96 (explaining that a conviction for “willfully discharg[ing] a firearm” clearly “qualifies as ‘using’ a firearm under 8 U.S.C. § 1227(a)(2)(C)”); Kuhali, 266 F.3d at 105 (finding that … Oklahoma’s criminal prohibition against transporting loaded firearms in vehicles clearly extends to firearms possessed by passengers.

Henry Sampson v. John T. King, Secretary of Louisiana Department of Corrections, and Ross Maggio, Jr., Warden, Louisiana State Penitentiary

693 F.2d 566 · Court of Appeals for the Fifth Circuit · Dec 14, 1982

In their answer, the Secretary and the Warden specifically pled qualified immunity from liability for money damages. … The record clearly establishes that the officials were immune from liability for money damages in this case. We therefore reverse and dismiss Sampson’s damage claim against the prison officials.

Gobert v. Caldwell

463 F.3d 339 · Court of Appeals for the Fifth Circuit · Aug 29, 2006

Hegmann, 198 F.3d 153, 159 (5th Cir. 1999) (quoting Estelle). 14 “Once raised, a plaintiff has the burden to rebut the qualified immunity defense by establishing that the official's allegedly wrongful conduct … violated clearly established law.”

Acoustic Systems, Inc. v. Wenger Corp.

207 F.3d 287 · Court of Appeals for the Fifth Circuit · Apr 3, 2000

trial or to the burdens of broad-reaching discovery in cases where the legal norms the officials are alleged to have violated were not clearly established at the time. … Cole, 504 U.S. 158, 167-68 (1992)(private defendants may not invoke qualified immunity when charged with 42.

Gates v. Texas Deparment of Protective & Regulatory Services

537 F.3d 404 · Court of Appeals for the Fifth Circuit · Jul 31, 2008

clearly established. … If the law was not clearly established at the time of the alleged constitutional violation, the individual defendants are entitled to qualified immunity. See Aucoin, 306 F.3d at 272.

Tuttle v. Gallegos

Court of Appeals for the Fifth Circuit · Jun 29, 2026

A The qualified-immunity doctrine shields public officials from suit for damages under § 1983 unless their conduct violates a clearly established constitutional right. Mace v. … of clearly established law.”

Robert Tolan v. Jeffrey Cotton

Court of Appeals for the Fifth Circuit · Aug 1, 2013

Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right. Id. (citing Anderson v. Creighton, 483 U.S. 635, 640 (1987)). … force against Robbie and Marian and that he did not warrant qualified immunity because the law was so clearly established that an objectively reasonable officer in Cotton’s position would have known that his actions violated

Gentilello v. Rege

627 F.3d 540 · Court of Appeals for the Fifth Circuit · Dec 1, 2010

Defendants violated a clearly established right as required to overcome their qualified immunity defense. … A public official performing a discretionary function is entitled to qualified immunity in a civil action for damages, provided his conduct does not “violate clearly established federal statutory or constitutional rights

Presley v. City of Benbrook

4 F.3d 405 · Court of Appeals for the Fifth Circuit · Oct 11, 1993

What he dislikes is the jury's additional finding that "a reasonable officer possessing knowledge of clearly established law and the information they knew at the time, could have believed that entry of his residence was … Under either scenario, their actions would have been shielded by qualified immunity.

Roger Trent v. Steven Wade

801 F.3d 494 · Court of Appeals for the Fifth Circuit · Sep 15, 2015

whether the law was “clearly established.” … The Court also decided, however, that although prior cases and legal authorities supported its holding, this rule was not “clearly established” under the second prong of qualified immunity analysis.

Carter v. Dupuy

Court of Appeals for the Fifth Circuit · Apr 20, 2026

Dupuy and Sheriff Ard moved for summary judgment, asserting qualified immunity. The district court denied their motion. … To overcome qualified immunity, Carter 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 conduct.”

Hare v. City of Corinth, Ms.

36 F.3d 412 · Court of Appeals for the Fifth Circuit · Dec 8, 1994

summary judgment on the grounds of qualified immunity. 13 A. … Clearly Established Constitutional Injury 14 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