Case law

McClendon v. City of Columbia

285 F.3d 1078 · Court of Appeals for the Fifth Circuit · Jul 27, 2001

Qualified Immunity for Carney Even if an official's conduct violates a constitutional right, he is entitled to qualified immunity if the conduct was objectively reasonable.21 The objective reasonableness of allegedly … Although generally in cases of qualified immunity we look to the law of this circuit and the Supreme Court to determine whether the applicable law was clearly established at the time of the constitutional violation, we

William H. Boddie v. City Of Columbus

989 F.2d 745 · Court of Appeals for the Fifth Circuit · Apr 14, 1993

Chief Gale argues that he has qualified immunity. … We conclude that Chief Gale should reasonably have known that firing Boddie for his association with union firemen violated clearly established law. The district court did not err in refusing qualified immunity. 3 IV.

Shirley DAVIS, Plaintiff-Appellant, v. Otto E. PASSMAN, Congressman of the United States, Defendant-Appellee

544 F.2d 865 · Court of Appeals for the Fifth Circuit · Jan 3, 1977

Davis’s complaint clearly meets the Snowden requirements. … Qualified Immunity The inapplicability of speech or debate protection does not foreclose Representative Passman from asserting the same qualified immunity available to other government officials. See generally Wood v.

Conroe Creosoting Co v. Montgomery Cty Texa

249 F.3d 337 · Court of Appeals for the Fifth Circuit · May 7, 2001

Moore moved for summary judgment, asserting qualified immunity. … A constitutional right is "clearly established" if "the unlawfulness of the conduct would be apparent to a reasonably competent official."5 The second prong of the qualified immunity inquiry therefore requires an assessment

Petersen v. Johnson

57 F.4th 225 · Court of Appeals for the Fifth Circuit · Jan 4, 2023

“Qualified immunity protects government officials” like Dunn “from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights … The Plaintiffs contend that Dunn is not entitled to qualified immunity because he violated Petersen’s clearly established constitutional rights by arresting him without a warrant and without probable cause.

Rolf v. City of San Antonio

77 F.3d 823 · Court of Appeals for the Fifth Circuit · Mar 4, 1996

Qualified immunity Qualified immunity “shields certain public officials performing discretionary functions from civil damage liability if ‘their actions could reasonably have been thought consistent with the rights they are … Accordingly, the district court erred by determining, at this stage in the litigation, that appellees, in their individual capacities, were entitled to qualified immunity. D.

Rexford Kipps, Carol Kipps and Kyle Kipps v. James Caillier, Ray Authement, Nelson J. Schexnayder, Jr. And Nelson Stokley

205 F.3d 203 · Court of Appeals for the Fifth Circuit · Mar 1, 2000

An issue was raised with respect to the panel majority’s qualified immunity analysis. … familial association does, in fact, exist and was clearly established at the time Kipps was fired.

Luna v. Davis

59 F.4th 713 · Court of Appeals for the Fifth Circuit · Feb 6, 2023

A qualified immunity defense alters the typical summary judgment burden of proof. Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010). … The defense has two prongs, both of which must be rebutted to overcome qualified immunity: “whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established

James Elliott and Joseph Defley v. Leander H. Perez, Jr., Etc., Eugene E. Leon, Jr., Etc., and Frank Klein

751 F.2d 1472 · Court of Appeals for the Fifth Circuit · Feb 7, 1985

Under the qualified immunity standard, government officials are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Moreover, as Judge Higginbotham has emphasized for us “[the] distinction between absolute and qualified immunity may well not survive Harlow's language on the function of qualified immunity.” Williams v.

DeMarco v. Bynum

50 F.4th 479 · Court of Appeals for the Fifth Circuit · Oct 4, 2022

“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 person would have … DeMarco, who has the burden to rebut the qualified immunity defense, Baldwin v.

Singleton v. Casanova

Court of Appeals for the Fifth Circuit · Jun 10, 2024

City of Edna, 410 F.3d 745, 750 (5th Cir. 2005) (second prong of the qualified immunity analysis considers “whether conduct of the defendants was objectively unreasonable in light of then clearly established law” (quoting … of qualified immunity.

Mary Elizabeth Dunn, Plaintiff-Appellee-Cross-Appellant v. Mike Denk, Defendant-Appellant-Cross-Appellee

54 F.3d 248 · Court of Appeals for the Fifth Circuit · Aug 1, 1995

Qualified immunity. … immunity.

Jimenez v. Wood County, Tex.

621 F.3d 372 · Court of Appeals for the Fifth Circuit · Sep 22, 2010

III The County argues next that Sheriff Daugherty was entitled to qualified immunity from § 1983 liability because he did not violate a clearly established right. … In its reply brief, the County cannot point to any instance in which it argued that Daugherty was, as a matter of law, entitled to qualified immunity because Ms. Jimenez’s rights were not clearly established.

Crane v. City of Arlington

Court of Appeals for the Fifth Circuit · Feb 27, 2023

“We grant qualified immunity to officials who trample on basic First Amendment rights—but deny qualified immunity to officers who act in 3  No. … In split-second excessive-force cases, it’s “especially important” to define clearly established law with specificity and not at a “high level of generality.” Mullenix v.

Clarence Bill McCord v. Ross Maggio, Jr.

927 F.2d 844 · Court of Appeals for the Fifth Circuit · Apr 2, 1991

This immunity is defeated if the official took the complained-of action “with the malicious intention to cause a deprivation of rights,” or the official violated clearly established statutory or constitutional rights “of … Maggio asserted the defense of qualified immunity at the early stages of this lawsuit. McCord does not allege that Mag-gio acted maliciously, so we must look at whether the warden violated established law.

Jonathan Savidge v. Jaylon Fincannon

836 F.2d 898 · Court of Appeals for the Fifth Circuit · Mar 17, 1988

The second question concerns the scope of qualified official immunity doctrine. … Creighton the Supreme Court observed that whether a rule is “clearly established” for official immunity purposes "depends substantially upon the level of generality at which the relevant ‘legal rule’ is to be identified".

Maritza Amador v. Bexar County

Court of Appeals for the Fifth Circuit · Jun 4, 2020

Flores’s Fourth Amendment Right Was Clearly Established The second question in the qualified immunity analysis is whether clearly established law prohibited the officers from shooting Flores in these circumstances … We cannot “‘define clearly established law at a high level of generality,’” id.

Laura Castro v. Michael Freeman

742 F.3d 595 · Court of Appeals for the Fifth Circuit · Jan 31, 2014

Before addressing qualified immunity, we decide the threshold question whether the Fourth Amendment applies to these detainees. … "Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

Disraeli v. Rotunda

489 F.3d 628 · Court of Appeals for the Fifth Circuit · Jun 13, 2007

This is because Rotunda, like the other two defendants, asserted a defense of qualified immunity in the alternative to absolute immunity. … Lyford, 243 F.3d 185, 191 (5th Cir. 2001) (awarding a defendant qualified immunity though the district court granted him absolute immunity and thus did not address qualified immunity). E.

Scott v. City of Mandeville

69 F.4th 249 · Court of Appeals for the Fifth Circuit · May 23, 2023

“‘A good-faith assertion of qualified immunity alters the usual summary judgment burden of proof,’ shifting it to the plaintiff to show that the defense is not available.” 8 “The qualified immunity inquiry includes … Clifton, 29 F.3d 1012, 1016 (5th Cir. 1994) (“The right to be free from arrest without probable cause is a clearly established constitutional right.”); see also Davidson v.