Case law

James White v. Hezikiah Walker, and Town of Verona, Ms

932 F.2d 1136 · Court of Appeals for the Fifth Circuit · Jun 11, 1991

We reverse the district court’s grant of qualified immunity to the officer, but affirm in all other respects. … the district court's holding that Officer Walker was entitled to qualified immunity as a matter of law.

Byrd v. Lamb

990 F.3d 879 · Court of Appeals for the Fifth Circuit · Mar 9, 2021

Agent Lamb and the local officers filed motions to dismiss pursuant to Federal Rule of Civil Procedure 12(b)(6) raising the defense of qualified immunity. … “Our jurisdiction over qualified immunity appeals extends to ‘elements of the asserted cause of action’ that are ‘directly implicated by the defense of qualified immunity[,]’ including whether to recognize new Bivens

Petta v. Rivera

143 F.3d 895 · Court of Appeals for the Fifth Circuit · Jun 9, 1998

Creighton, 483 U.S. 635, 639 , 107 S.Ct. 3034, 3039 , 97 L.Ed.2d 523 (1987). 13 We must take care to identify the relevant "clearly established law" at the proper level of generality so that the defense of qualified immunity … Regarding the applicability of qualified immunity, we merely observed that "[u]se of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield

Kallinen v. Newman

Court of Appeals for the Fifth Circuit · Mar 31, 2023

clearly established law that made the Facebook campaign page a government- created forum subject to First Amendment protection.” … In any event, it concluded that Judge Newman would be entitled to qualified immunity for lack of a clearly established law that made his Facebook page a government-created forum subject to First Amendment protection.

Janis Brown v. Wichita County

Court of Appeals for the Fifth Circuit · Dec 13, 2012

clearly established law. … The qualified immunity defense has two prongs: whether an official's conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.

Johnson v. Deep East Texas Regional Narcotics Trafficking Task Force

379 F.3d 293 · Court of Appeals for the Fifth Circuit · Jul 27, 2004

If not, the defendant is entitled to qualified immunity. See Anderson v. … immunity,”15 held that Courtney (as well as Mendiola) was entitled to qualified immunity.

Forgan Ex Rel. Estate of Allen v. Howard County

494 F.3d 518 · Court of Appeals for the Fifth Circuit · Jul 26, 2007

The individual defendants were granted summary judgment on qualified immunity grounds, and that judgment is not on appeal. … To 4 Because a deliberate indifference claim against a County requires the plaintiff to first “show that the municipal employee violated his clearly established constitutional rights with subjective deliberate

Walton v. City of Verona

82 F.4th 314 · Court of Appeals for the Fifth Circuit · Sep 13, 2023

And while we may review the denial of claims of qualified immunity under the collateral-order doctrine, the doctrine does not encompass orders granting qualified immunity. … Elizondo, 671 F.3d at 509 (noting that denials of qualified immunity are immediately appealable but “the same does not hold for an order granting qualified immunity”).

Fontenot v. Cormier

56 F.3d 669 · Court of Appeals for the Fifth Circuit · Jun 20, 1995

The examination of a claim of qualified immunity is a two-step inquiry. First, a court must determine whether plaintiff has alleged a violation of a clearly established right. See Siegert v. … The deputies are therefore entitled to qualified immunity for their actions against Brandenburg.

Walter E. Garris v. G. F. Rowland, Officer, Fort Worth Police Department, and City of Fort Worth, Texas

678 F.2d 1264 · Court of Appeals for the Fifth Circuit · Jun 24, 1982

These jury findings effectively dispose of the “subjective” prong to the test for qualified immunity. … We find that Officer Rowland is entitled to qualified immunity. AFFIRMED IN PART; REVERSED IN PART. 1 .

Milligan v. City of Slidell

226 F.3d 652 · Court of Appeals for the Fifth Circuit · Oct 5, 2000

unless their conduct was unreasonable in light of clearly established law. … In a qualified immunity case, a court often initially decides whether the facts establish a violation of a constitutional right at all. See Wilson v.

Langiano v. City of Fort Worth

131 F.4th 285 · Court of Appeals for the Fifth Circuit · Mar 11, 2025

Qualified immunity protects public officials “from undue interference with their duties and from potentially disabling threats of liability” 13 “insofar as their conduct does not violate clearly established statutory or constitutional … immunity unless the plaintiff demonstrates that (1) the defendant violated the plaintiff’s constitutional rights and (2) the defendant’s actions were objectively unreasonable in light of clearly established law at the time

Marcus Mote v. Debra Walthall

Court of Appeals for the Fifth Circuit · Aug 31, 2018

immunity as a defense.” 3 The only pure legal question we may answer at the qualified immunity stage is “whether a given course of conduct would be objectively unreasonable in light of clearly established law.” 4 … In reversing the district court’s grant of qualified immunity, the panel noted only that “there is no doubt that [the officer] had a clearly established constitutional right not to be fired for engaging in protected speech

Alvin Ray Cooper v. Sheriff, Lubbock County, Texas

929 F.2d 1078 · Court of Appeals for the Fifth Circuit · Apr 30, 1991

Concerning the qualified immunity defense, the magistrate concluded that Cooper’s allegations “do not state a claim showing a violation of clearly established law.” … B.Qualified Immunity The district court’s qualified immunity analysis was at best premature. Cooper satisfied his obligation to allege sufficient facts in his complaint to overcome the presumption of immunity.

Cloud v. Stone

993 F.3d 379 · Court of Appeals for the Fifth Circuit · Apr 6, 2021

Finally, the court found that, assuming arguendo a constitutional violation, Luker would still be entitled to qualified immunity because he did not violate clearly established law. … IV Because we find no constitutional violation, we need not reach prong two of the qualified immunity defense and consider whether Luker violated any clearly established law.

Tyson v. County of Sabine

Court of Appeals for the Fifth Circuit · Jul 28, 2022

Deputy Boyd has invoked the defense of qualified immunity. … D In summary, we hold that Deputy Boyd’s alleged sexual abuse violated Tyson’s clearly established right to bodily integrity. Thus, Deputy Boyd is not entitled to qualified immunity.

Trevino v. Iden

79 F.4th 524 · Court of Appeals for the Fifth Circuit · Aug 21, 2023

To defeat a defendant’s assertion of qualified immunity, 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 of the … We therefore do not reach whether he has identified “clearly established law,” as required by the second prong.

O. v. Ft Bend Indep Sch Dist

2 F.4th 407 · Court of Appeals for the Fifth Circuit · Jun 17, 2021

immunity protects government officials from civil damages liability when their actions could reasonably have been believed to be legal.”8 Once the defense of qualified immunity has been asserted, the plaintiff has … To defeat a claim of qualified immunity, the illegality of the conduct must be “clearly established” at the time it took place.35 It is certainly true that “[b]y now, every school teacher . . . must know that inflicting

Early v. Southern University & Agricultural & Mechanical College Board of Supervisors

252 F. App'x 698 · Court of Appeals for the Fifth Circuit · Oct 31, 2007

Aug 19, 2005), 1 the district court determined that Defendants were entitled to qualified immunity on some, but not all, of the claims raised by Early. … Gilliam were entitled to qualified immunity as to Early’s § 1981 retaliation and § 1983 free speech and due process claims; and (3) Defendant Gilliam was entitled to qualified immunity as to Early’s related § 1986 claim.

Turner v. Houma Municipal Fire & Police Civil Service Board

229 F.3d 478 · Court of Appeals for the Fifth Circuit · Oct 18, 2000

An exception to this rule exists when the summary judgment motion is premised on a claim of absolute or qualified immunity. See Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … Courts discuss immunity defenses without clearly articulating to whom and in which capacity those defenses apply,12 resulting in confusion which has an obvious cause.