Case law

James, Carrie, a Minor, by Elizabeth James, Next Friend v. T.G. Sadler

909 F.2d 834 · Court of Appeals for the Fifth Circuit · Aug 28, 1990

Qualified Immunity Although all defendants’ participation in the search and detention would *838 be sufficient to impose liability under § 1983, they may be immune. Redefined in Harlow 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. Harlow v. Fitzgerald, supra.

Jacob Cooper v. Lynn Brown

844 F.3d 517 · Court of Appeals for the Fifth Circuit · Dec 27, 2016

SMITH, Circuit Judge: Officer Lynn Brown appeals the denial of his motion for summary judg- ment based on qualified immunity (“QI”). … QI provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v.

Sean Breen, as Administrator of the Estate of Christopher Breen Christopher Breen John E. Breen Marian K. Breen v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, James Kimmel, as Representative of the Estate of Lucas Kimmel (Deceased) James Kimmel Walieta Kimmel v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell J. Thompson, in His Official Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Bill Davis v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Howard Scanlan Denise Scanlan Lauren N.T. Scanlan v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen, in His Individual Capacity William L. Kibler, in His Individual Capacity John J. Koldus, Ii, in His Individual Capacity, John Andrew Comstock Dixie Ann Zinneker v. Texas A&m University, Texas A&m University J. Malon Southerland, in His Individual Capacity Russell Thompson, in His Individual Capacity Ray Bowen William L. Kibler, in His Individual Capacity John J. Koldus, Iii, in His Individual Capacity, Jaquelynn Kay Self, Individually and as Administratrix of the Estate of Jerry Don Self, Deceased Kathy McClain Escamilla, Individually and as Administratrix of the Estate of Bryan A. McClain Deceased Phillip McClain Andrea Heard, Individually and as Administratrix of the Estate of Christopher Lee Heard, Deceased Leslie G. Heard Gregory Anthony Powell, Individually and as Administrator of the Estate of Chad A. Powell, Deceased Beverly Jill Powell Matthew Lynn Robbins Dominic M v. Braus Nancy Braus v. Ray M. Bowen J. Malon Southerland William Kibler Russell W. Thompson John J. Koldus, III M.T. Hopgood, Jr., Major General Donald J. Johnson Zack Coapland Kevin Jackson James R. Reynolds Robert Harry Stiteler, Jr. Michael David Krenz

485 F.3d 325 · Court of Appeals for the Fifth Circuit · Apr 24, 2007

Clearly Established Law 26 Defendants in section 1983 cases are nevertheless entitled to qualified immunity from a plaintiff's claims unless their conduct was objectively unreasonable in light of the clearly established law … The Supreme Court has made it clear, however, that courts considering qualified immunity defenses ordinarily should address the issue of clearly established law only if the plaintiff's allegations establish a constitutional

Richard Haverda v. Hays County

723 F.3d 586 · Court of Appeals for the Fifth Circuit · Jul 17, 2013

Qualified Immunity Analysis Haverda also argues that the district court erred in determining that Appellees were entitled to summary judgment on the basis of qualified immunity. … “If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.” Harlow v.

Wallace v. Wellborn

204 F.3d 165 · Court of Appeals for the Fifth Circuit · Feb 8, 2000

To establish that the agents are not entitled to summary judgment based on qualified immunity, Wallace must satisfy a three-part test. … The district court held that Wallace had no clearly established constitutional right to a prior adversarial hearing, and the agents were entitled to qualified immunity.

Charlesworth R. Martin v. Theodore Thomas, Milo K. Shepard, Robert L. Prater and L.L. Clarkson

973 F.2d 449 · Court of Appeals for the Fifth Circuit · Sep 30, 1992

QUALIFIED IMMUNITY Finally, the defendants claim to have qualified immunity. In Harlow v. … Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court established an objective test for determining qualified immunity.

Lollar v. Baker

196 F.3d 603 · Court of Appeals for the Fifth Circuit · Dec 6, 1999

On August 21, the magistrate judge entered an order finding that Baker had stated a claim of a violation of a clearly established statutory or constitutional right, and ordered the stay on discovery to be lifted to allow … To reach this ultimate determination, we must address two underlying questions: (1) Whether, under Mississippi law, Lollar has a clearly established property interest in the noneconomic

McVae v. Perez

120 F.4th 487 · Court of Appeals for the Fifth Circuit · Oct 30, 2024

The second prong asks whether that right was “clearly established” at the time of the violation. Id. (citing Tolan, 572 U.S. at 656). … If the answer to either prong is “no,” qualified immunity applies. B.

Swindle v. Livingston Parish School Bd.

655 F.3d 386 · Court of Appeals for the Fifth Circuit · Nov 3, 2011

established for purposes of qualified immunity. … This school official acted reasonably and did not contravene any clearly established law. The panel’s denial of qualified immunity is serious error. IV. Conclusion.

Gullatte v. Potts

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

of the qualified immunity. 25 590 F.2d at 110 . … his qualified immunity as an affirmative defense to the action.

Frazier v. King

873 F.2d 820 · Court of Appeals for the Fifth Circuit · May 30, 1989

Qualified Immunity. … The defendants are not entitled to qualified immunity if Frazier’s First Amendment rights were “ ‘clearly established’ at the time of [the defendants’] conduct so that a reasonable official would have understood that his

Lauderdale v. Texas Department of Criminal Justice, Institutional Division

512 F.3d 157 · Court of Appeals for the Fifth Circuit · Dec 21, 2007

The qualified immunity analysis requires us first to determine “whether the plaintiff[‘s] allegations, if true, establish a violation of a clearly established right.” Wallace v. … Answering the first question in the qualified immunity analysis is easy in this case.

Robert N. Creamer, Cross-Appellee v. Officer Lewis Porter, Officer J.L. Sampson and Officer R. Johnson, Cross-Appellants, Deputy David Austin

754 F.2d 1311 · Court of Appeals for the Fifth Circuit · Mar 15, 1985

We next consider the police officers’ defense that they are entitled to a qualified immunity for their actions. … in the qualified immunity defense. .

Ronald Curtis v. W. Anthony

710 F.3d 587 · Court of Appeals for the Fifth Circuit · Mar 6, 2013

As in the instant case, the individual defendants asserted qualified immunity defenses. … Such efforts would have “violate[d] clearly established constitutional rights.” Id. (citation omitted).

Anthony Gibson v. Jeffrey Kilpatrick

734 F.3d 395 · Court of Appeals for the Fifth Circuit · Oct 29, 2013

was clearly established. … Discussion To rebut a defendant’s qualified immunity defense, the plaintiff must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time

Shipp v. McMahon

234 F.3d 907 · Court of Appeals for the Fifth Circuit · Dec 5, 2000

Qualified Immunity The qualified immunity analysis involves a two-step process. First, we examine whether the plaintiff has alleged a violation of a clearly established constitutional right. See Siegert v. … Clearly Established Right When evaluating a claim of qualified immunity under the “clearly established right” prong, a court first must det ermine whether the “‘plaintiff has alleged the deprivation of an actual

Harmon v. City of Arlington

Court of Appeals for the Fifth Circuit · Oct 27, 2021

First, the plaintiffs argue that Tran is not entitled to qualified immunity because his use of excessive force violated a clearly established constitutional right. … To overcome qualified immunity, the law must be so clearly established that every reasonable officer in this factual context—an officer holding onto the side of a fleeing car where the driver has ignored instructions

Emmanuel Angulo v. Shawn Brown

978 F.3d 942 · Court of Appeals for the Fifth Circuit · Oct 23, 2020

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly … To overcome the officers’ qualified immunity defense on the excessive force claim, Angulo “must show ‘(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the

Raul Jose Valencia v. Garry D. Wiggins

981 F.2d 1440 · Court of Appeals for the Fifth Circuit · Jan 18, 1993

Concluding *1442 that the district court's findings of fact were not clearly erroneous, we find the jail official not entitled to qualified immunity. … are alleged to have violated.” 34 Whether a defendant asserting qualified immunity may be personally liable turns on the objective reasonableness of the defendant’s actions assessed in light of clearly established law. 35

Spikes v. Wheat

141 F.4th 662 · Court of Appeals for the Fifth Circuit · Jun 24, 2025

The defendants asserted qualified immunity and moved to dismiss, but the district court denied their motion. After discovery, the defendants again asserted qualified immunity and moved for summary judgment. … was clearly established at the time of the challenged conduct.”