Case law

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

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.

Benfer v. City of Baytown

120 F.4th 1272 · Court of Appeals for the Fifth Circuit · Nov 1, 2024

“These standards are the same when a motion to dismiss is based on qualified immunity.” Id. at 279–80 (citation omitted). … Thus, “[i]t is the plain- tiff’s burden to demonstrate that qualified immunity is inappropriate.” Id.

Gerhart v. Hayes

217 F.3d 320 · Court of Appeals for the Fifth Circuit · Feb 4, 2000

She also voiced these con- qualified immunity.1 The district court denied cerns to other academic colleagues within the university. … disputed and were material to tiff has alleged the violation of a clearly the claim. established constitutional right.

Brennan v. Stewart

834 F.2d 1248 · Court of Appeals for the Fifth Circuit · Jan 7, 1988

Brennan’s federal rights, and that even if they had, they were entitled to qualified immunity because they had not violated any clearly established rights. Mr. … The suit was clearly against the state and not against its officials in their individual capacities: the court made no mention of qualified immunity, the customary burning issue in individual capacity cases; and the plaintiff

Raju v. Rhodes

7 F.3d 1210 · Court of Appeals for the Fifth Circuit · Nov 24, 1993

Qualified immunity shields government officials performing discretionary functions from civil damages liability if their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Rhodes did nothing to forfeit his qualified immunity. See Grantham v.

Morris v. Powell

449 F.3d 682 · Court of Appeals for the Fifth Circuit · May 15, 2006

The defendants assert qualified immunity. … The initial two-part inquiry facing a court de- ciding a qualified immunity claim is (1) wheth- er the violation of a constitutional right been alleged and, if so, (2) whether the right was clearly established.

In Re: Ken Paxton

60 F.4th 252 · Court of Appeals for the Fifth Circuit · Feb 14, 2023

immunity but is pertinent here because, like sovereign immunity, qualified immunity provides “immunity from suit rather than a mere defense to liability.” … We rejected this gambit, explaining that it “turn[ed] qualified immunity on its head” by opening the defendants to deposition before adjudication of their immunity defense. Ibid. So too here.

Gerhart v. Hayes

201 F.3d 646 · Court of Appeals for the Fifth Circuit · Feb 4, 2000

The defendants appeal the denial of their motion for summary judgment on the basis of qualified immunity. … Before reaching the narrower issue of qualified immunity, we must consider whether the plaintiff has alleged the violation of a clearly established constitutional right. Siegert v.

Colston v. Barnhart

146 F.3d 282 · Court of Appeals for the Fifth Circuit · Jul 14, 1998

The Johnson Court specifically distinguished its decision from the Court’s earlier treatment of the clearly-established-law prong of qualified-immunity analysis in Mitchell v. … on qualified immunity, not deny it.

Norvis Harmon v. Dallas County, Texas

Court of Appeals for the Fifth Circuit · Jul 9, 2019

Next, he argues the district court erred in granting Evans qualified immunity on his First Amendment retaliation claim because his right to engage in the speech at issue was clearly established at the time of his termination … After ordering supplemental briefing on this point, the district court held that the law regarding Harmon’s speech was not clearly established at the time of his termination and thus Evans was entitled to qualified immunity

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

Brennan v. Stewart

834 F.2d 1248 · Court of Appeals for the Fifth Circuit · Jan 7, 1988

Brennan's federal rights, and that even if they had, they were entitled to qualified immunity because they had not violated any clearly established rights. Mr. … The suit was clearly against the state and not against its officials in their individual capacities: the court made no mention of qualified immunity, the customary burning issue in individual capacity cases; and the plaintiff's

Clarence Roy v. City of Monroe

Court of Appeals for the Fifth Circuit · Feb 14, 2020

Indeed, Roy has done no more than cross-reference the qualified-immunity section of his brief: “[f]or the reasons set forth above, the [second] District Court Judge erred in granting Booth qualified immunity, [so] Roy’s as-applied … We next examine whether the district court erred by holding that Booth is entitled to qualified immunity and, in the process, consider the scope of Roy’s appeal, the nature of Roy’s claim, the clearly established law applicable

Vance v. Nunnery,et al

137 F.3d 270 · Court of Appeals for the Fifth Circuit · Mar 16, 1998

After discovery, Nunnery moved for summary judgment on the basis of qualified immunity. The district court denied this motion. … established law.

Can Hockey v. Marquardt

Court of Appeals for the Fifth Circuit · Sep 8, 2021

Qualified Immunity “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 … To establish that qualified immunity does not apply, the plaintiff must prove that the state actor (1) violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of

Anthony Brown v. Rodney Strain, Jr.

Court of Appeals for the Fifth Circuit · Nov 30, 2011

Qualified Immunity “The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

Clyde E. Williamson, D/B/A Triangle 44 Farms v. United States Department of Agriculture

815 F.2d 368 · Court of Appeals for the Fifth Circuit · Apr 29, 1987

Federal officials performing discretionary tasks enjoy qualified immunity from suits for constitutional violations to the extent that their conduct does not violate clearly established law. Mitchell v. … Appellant did not counter with a showing that their actions violated clearly established law. See Harlow, supra, 457 U.S. at 818 , 102 S.Ct. 2738 ; Saldana 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

George M. Bishop v. State Bar of Texas

791 F.2d 435 · Court of Appeals for the Fifth Circuit · Jun 11, 1986

This argument is without merit; the record clearly establishes that Landin’s duties as counsel for the State Bar included the filing of such grievances. … Qualified or good faith immunity is an affirmative defense that must be pleaded by a defendant official. Gomez v. Toledo, 446 U.S. 635 , 100 S.Ct. 1920 , 64 L.Ed.2d 572 (1980).