Case law

Branton v. City of Dallas

272 F.3d 730 · Court of Appeals for the Fifth Circuit · Nov 9, 2001

entitled to qualified immunity because the law governing his conduct was not clearly established when the conduct occurred; and, alternatively, if it was, that a reasonable officer could have believed, in light of the clearly … King, 873 F.2d 820, 827 (5th Cir.1989), we denied qualified immunity to the warden of ,a state *746 correctional center who fired a registered nurse in violation of her clearly established right to report violations of nursing

Williams v. Bramer

180 F.3d 699 · Court of Appeals for the Fifth Circuit · Jul 22, 1999

. § 1983 and a district court granted summary judgment in favor of the officers, finding that they were entitled to qualified immunity. … In this case, the district court held that the defendants were entitled to qualified immunity with respect to all of Williams’s claims.

Jack C. Gaines v. James H. Davis, Mike Steinhauser, Movant-Appellant

928 F.2d 705 · Court of Appeals for the Fifth Circuit · May 15, 1991

Davis and Steinhauser argued that as municipal officers they enjoyed qualified immunity from suit, including immunity from the discovery process. … Public officials enjoy qualified immunity if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Sikes v. Gaytan

218 F.3d 491 · Court of Appeals for the Fifth Circuit · Jul 26, 2000

It is clear, however, that regardless of whether the trial court submits the issues of liability and qualified immunity in one or two interrogatories, the central focus is on whether the trial court correctly and clearly … was objectively reasonable in the light of the legal rules clearly established at the time of the incident in issue and that the defendant is therefore not liable.

Austin v. Harrison County TX

328 F.3d 204 · Court of Appeals for the Fifth Circuit · Apr 25, 2003

Gilley, 500 U.S. 226, 232 (1991). of qualified immunity and official immunity. … City of Baton Rouge, 211 out the violation of a clearly established F.3d 913, 918-19 (5th Cir. 2000).

Mack v. City of Abilene

461 F.3d 547 · Court of Appeals for the Fifth Circuit · Aug 16, 2006

Qualified Immunity Appellees claim the defense of qualified immunity to avoid liability for the unlawful search of the Cadillac. … Government officials acting within their discretionary authority are immune from civil damages if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Thomas Burnside v. Nueces County, Texas

Court of Appeals for the Fifth Circuit · Dec 11, 2014

clearly established at the time of the challenged conduct. … And, the law is clearly established that such a retaliatory action, if proved, violates the First Amendment.

Meyer v. Austin Independent School District

161 F.3d 271 · Court of Appeals for the Fifth Circuit · Nov 16, 1998

of clearly established law.’”) … allegedly infringed was “clearly established.”

Donald Ray White v. Armando Balderama

153 F.3d 237 · Court of Appeals for the Fifth Circuit · Aug 31, 1998

He will then proceed to argue that, even under this factual scenario, he is entitled to qualified immunity. … established law.

Jane Doe v. Taylor Independent School District, Mike Caplinger in His Official Capacities and Eddy Lankford in His Official and Individual Capacities

15 F.3d 443 · Court of Appeals for the Fifth Circuit · Mar 3, 1994

C We must next consider these legal principles in the context of qualified immunity. … clearly established in 1987, but Lankford’s and Caplinger’s duty with respect to that violation was also clearly established at that time.

William Hardin Bogard, Jr. v. Thomas D. Cook, Former Superintendent of the Mississippi State Penitentiary

586 F.2d 399 · Court of Appeals for the Fifth Circuit · Dec 15, 1978

In that capacity, the qualified immunity defense is fully applicable. III. QUALIFIED IMMUNITY A. Federal Law In Procuiner v. … Strickland rule, the immunity defense would be unavailing to petitioners if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have

Joseph Alfonso, IV v. United States

752 F.3d 622 · Court of Appeals for the Fifth Circuit · May 12, 2014

and his accident to qualify the Guard’s activity as “emergency prepar- edness.” … Second, it is well established under Louisiana law that Section 22 does not bar the legisla- ture from creating various areas of statutory immunity. Crier v. Whitecloud, 496 So. 2d 305, 309−10 (La. 1986).

Harris v. Clay County, MS

Court of Appeals for the Fifth Circuit · Jul 11, 2022

It granted Huffman qualified immunity, concluding that Harris did not prove that the sheriff’s actions violated clearly established law. … The second is whether that right is “clearly established.” Id.

Congious v. Shaw

Court of Appeals for the Fifth Circuit · Mar 27, 2026

I would not affirm summary judgment on these grounds.1 However, Congious’s claim still fails because Shaw is entitled to Qualified Immunity. … To determine whether qualified immunity applies, courts engage in a two-part inquiry asking: (1) whether an official's conduct violated a statutory or constitutional right of the plaintiff and (2) whether the right was “clearly

Floyd D. Arrington v. County of Dallas, Jack Richardson, Timothy Hammond v. County of Dallas, Jack Richardson and Rick Richardson

970 F.2d 1441 · Court of Appeals for the Fifth Circuit · Nov 12, 1992

clearly established statutory or constitutional rights of another. … We must, therefore, determine whether the conduct alleged, if proved, violated any of the plaintiffs’ statutory or constitutional rights clearly established at the time of the conduct.

Beryl Eugene v. Alief Independent School District, Paula Conley and R.F. Griffin, Individually and in Their Official Capacities

65 F.3d 1299 · Court of Appeals for the Fifth Circuit · Dec 4, 1995

QUALIFIED IMMUNITY The district court erred in holding that Conley and Griffin were entitled to qualified immunity. … However, qualified immunity does not shield a public official whose conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. Harlow v.

Vance v. Union Planters Corp.

209 F.3d 438 · Court of Appeals for the Fifth Circuit · Apr 25, 2000

This evidence does not, but need not, establish Q. All right, sir. that Vance was “clearly better qualified.” Rath- er, her circumstantial evidence, with the direct A. 1990, I think it was. … Evidence of prior acts may clearly be used continuing pattern of discrimination by Miami to establish the existence of a pattern or scheme. (continued...)

Meyer v. Austin Ind School

167 F.3d 887 · Court of Appeals for the Fifth Circuit · Nov 16, 1998

amount to a violation of clearly established law.'”) … the federal right allegedly infringed was “clearly established.”

Martinez-Aguero v. Gonzalez

459 F.3d 618 · Court of Appeals for the Fifth Circuit · Aug 7, 2006

immunity. outside our geographic borders.” … The words free from excessive force, and no reasonable “clearly established” appear precisely once, officer would believe it proper to beat a when Gonzalez states the test for qualified im-

Cheryl Steadman, Lisa Sheppard v. The Texas Rangers, Maurice Cook, Captain, Chief of the Texas Rangers

179 F.3d 360 · Court of Appeals for the Fifth Circuit · Jul 6, 1999

Here, the legal principle is the objective reasonableness of an official’s conduct under clearly-established law, the qualified immunity doctrine. … Consequently, her case cannot proceed under our- established First Amendment jurisprudence, and we need not reach the qualified immunity question presented had we found otherwise.