Case law

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.

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.

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.

Cozzo v. Tangipahoa Parish Council-President Government

262 F.3d 501 · Court of Appeals for the Fifth Circuit · Sep 5, 2001

Qualified Immunity Sheriff Layrisson and Deputy Joiner also argue that the district court erred by finding their asserted defense of qualified immunity inapplicable to the instant dispute. … 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.

David Dilmore, as the Representative of Ernest Dilmore, Deceased, Plaintiff v. James C. Stubbs

636 F.2d 966 · Court of Appeals for the Fifth Circuit · Feb 9, 1981

The Immunity Standard The Supreme Court established the qualified immunity standard in Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975). … The unconstitutionality of that policy is anything but “clearly established.”

Juan Mendez, Sr. v. Taylor Poitevent

823 F.3d 326 · Court of Appeals for the Fifth Circuit · May 19, 2016

The district court held that Poitevent was entitled to qualified immunity, and thus granted him summary judgment. … Law enforcement officers are entitled to qualified immunity for conduct that “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Mullenix v.

Alvaro L. Hernandez, Jr. v. W.J. Estelle, Jr., Director, Texas Department of Corrections

788 F.2d 1154 · Court of Appeals for the Fifth Circuit · May 9, 1986

immunity. … Under their qualified immunity, therefore, they were entitled to a judgment finding no liability in damages for failure to narrow the scope of censorship by clipping the banned items.

Henry Lee Bryan v. Clarence Jones, Sheriff, Henry Wade, District Attorney, Fidelity & Deposit Co.& Lena Giddens

530 F.2d 1210 · Court of Appeals for the Fifth Circuit · Apr 30, 1976

This standard of a qualified good faith immunity was clarified and elaborated upon in Wood v. … Consequently, while school officials could not be held responsible for incorrectly predicting the future course of constitutional law, they could not ignore clearly established rights merely by having acted in good faith.

Mendenhall v. Riser

213 F.3d 226 · Court of Appeals for the Fifth Circuit · Jun 21, 2000

Qualified immunity protects against novel theories of statutory or Constitutional injury-any purported harm must stem from rights clearly established under law at the time of the incident, and the contours of that right must … When an individual asserts a claim for wrongful arrest, qualified immunity will shield the defendant officers from suit if "`a reasonable officer could have believed [the arrest at issue] to be lawful, in light of clearly

Kinney v. Weaver

301 F.3d 253 · Court of Appeals for the Fifth Circuit · Jul 31, 2002

Not long after Harlow , the Court refined the qualified-immunity standard by defining "clearly established" in a way that encompasses this "objective reasonableness" inquiry: To be "clearly established" for purposes of qualified … The doctrine of qualified immunity assumes that reasonably competent officials know clearly established constitutional or statutory rights.

Hale v. Townley

19 F.3d 1068 · Court of Appeals for the Fifth Circuit · May 3, 1994

If disputed factual issues material to qualified immunity are present, the district court's denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … Qualified immunity shields law enforcement officials from suit under 42 U.S.C. § 1983 if they could have reasonably believed their actions to be lawful, in light of the law "clearly established" at the time of their actions

Johnnie Faye Spiller v. City of Texas City, Police Department State of Texas Mark Spurgeon City of Texas City

130 F.3d 162 · Court of Appeals for the Fifth Circuit · Dec 15, 1997

Spiller’s pleadings, however, do not provide Spurgeon with a qualified immunity defense. … light of clearly established law.

Heidi Group v. TX Hlth Human Svc

138 F.4th 920 · Court of Appeals for the Fifth Circuit · May 28, 2025

Dacus violated Heidi’s clearly established Fourth Amendment rights. He is not entitled to qualified immunity. C Dacus offers two counterarguments. … * Heidi plausibly alleged that Dacus violated Heidi’s clearly established Fourth Amendment rights.

Ronald Williams v. Robert Kunze, Irs Agent

806 F.2d 594 · Court of Appeals for the Fifth Circuit · Dec 24, 1986

Fifth, Appellants state that Appellees’ conduct violated clearly established constitutional rights, thus abrogating any qualified immunity of Appellees. … Qualified immunity arises unless the agents’ conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Brown v. Tarrant Cty

Court of Appeals for the Fifth Circuit · Jan 19, 2021

We choose to resolve Brown’s claim at step two of the qualified immunity analysis, 8 finding that the asserted right was not “clearly established” at the time of Anderson’s conduct. … We note, however, that the issue of qualified immunity was not before the prior panel because the Texas Attorney General did not brief a qualified immunity defense and Anderson himself was not served until after the

Sligh v. City of Conroe

Court of Appeals for the Fifth Circuit · Nov 29, 2023

To overcome Sutton’s qualified immunity defense, Sligh must show (1) that Sutton violated a constitutional right; and (2) that the right at issue was “clearly established” at the time of the alleged misconduct. … To overcome Montes’s qualified immunity defense, Sligh must identify law clearly establishing that Montes’s actions violated her constitutional rights, i.e., she must show that “any reasonable officer would have known that

Ryan Crostley v. Lamar County Texas

717 F.3d 410 · Court of Appeals for the Fifth Circuit · May 29, 2013

Brooks and McNeal each filed motions for summary judgment, asserting qualified immunity. … Analysis Qualified immunity protects government officials from liability for civil damages to the extent that their conduct is objectively reasonable in light of clearly established law. Harlow v.

Tamez v. City of San Marcos, Tex.

62 F.3d 123 · Court of Appeals for the Fifth Circuit · Aug 23, 1995

"Appealability under 28 U.S.C. § 1291 ... is clearly a matter of federal law; state procedural law is not directly controlling." Sorey, 849 F.2d at 962; accord Budinich v. … We look to state procedural rules "for what they reveal about the state's view on the substantive issue of whether qualified immunity is an immunity from suit or merely a defense to liability," Sorey, 849 F.2d at 962, because

Williams v. Kaufman County

343 F.3d 689 · Court of Appeals for the Fifth Circuit · Aug 19, 2003

searches was clearly established at the timé, making Harris’s conduct objectively unreasonable; (2) Harris is entitled to qualified immunity on Brown’s illegal detention claim, the only detention claim surviving summary … 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 Harris from liability.

United States v. Leonard

Court of Appeals for the Fifth Circuit · Feb 11, 2026

Echoing Justice Story nearly a century hence, the Court explained that the evidence was “clearly competent as tending to establish the guilt of the accused.” Adams, 192 U.S. at 594. So the Government could introduce it. … I would require criminal defendants to show that the officer who illegally discovered the information used to obtain a warrant violated clearly established law.