Case law

Jose Bueno, Leon Trevino and Victor Alegria, Cross-Appellants v. City of Donna, Cross-Appellees

714 F.2d 484 · Court of Appeals for the Fifth Circuit · Sep 12, 1983

Qualified Immunity The defendants next argue that the trial court erred in not submitting its proposed instruction on the affirmative defense of qualified, or good faith, immunity to the jury. … Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982), the Supreme Court “adjusted” the qualified immunity standard established by its earlier decisions and dispensed with the subjective test of official good faith

Goodson v. City Of Corpus Christi

202 F.3d 730 · Court of Appeals for the Fifth Circuit · Feb 24, 2000

Qualified Immunity 21 In considering Gaines and Perez's qualified immunity claim, we must remain cognizant of the fact that the "qualified . . . immunity doctrine was established to reconcile two competing interests. … First, we must examine whether the "plaintiff has alleged a violation of a clearly established right." Fontenot v.

McCoy v. Hernandez

203 F.3d 371 · Court of Appeals for the Fifth Circuit · Feb 17, 2000

Jury Verdict on Qualified Immunity McCoy argues that the district court erred when it submitted the question of whether the officers were entitled to qualified immunity to the jury. … McCoy contends that only the court may decide the qualified immunity issue.

Milton Batiste v. Paul v. Burke

746 F.2d 257 · Court of Appeals for the Fifth Circuit · Nov 12, 1984

Given this, Burke argued, he was entitled to immunity because his actions violated no “clearly established statutory or constitutional [right] of which a reasonable person would have known.” … Batiste responded to the motion, arguing as to the affirmative defense of immunity only that his constitutional rights were, in fact, clearly established.

LA Real Estate Appraiser Board v. FTC

976 F.3d 597 · Court of Appeals for the Fifth Circuit · Oct 2, 2020

Drawing an analogy with principles that animate interlocutory appeals of government officials’ claims of absolute or qualified immunity, or the Eleventh Amendment, this court reasoned that making a “state or state … or subdivision [of the state] acted pursuant to a clearly articulated and affirmatively expressed state policy.’”

Jodie Kelly v. Paul Rembach

868 F.3d 371 · Court of Appeals for the Fifth Circuit · Aug 18, 2017

But this information establishes only that Rembach was Nichamoff’s client. It does not establish the scope of Nichamoff’s representation. … Thus, at this motion to dismiss stage, Nichamoff has failed to carry his heavy burden of establishing entitlement to attorney immunity.

Irene Reese, Etc. v. Steve Anderson

926 F.2d 494 · Court of Appeals for the Fifth Circuit · Mar 21, 1991

However, the Supreme Court has established a limited exception in cases where the denial defeats a claim of qualified immunity. 3 Accordingly, the appeal of the individual defendants is properly before us. … official’s qualified immunity.

Vela v. White

703 F.2d 147 · Court of Appeals for the Fifth Circuit · Apr 18, 1983

Defendant Guerrero has pleaded that on the occasion in question he acted in “good faith”, thus invoking the defense of qualified immunity. … Each Defendant, however, pleads the defense of qualified immunity. As to Byrd, the defense is clearly not available.

Veritext Corp. v. Bonin

901 F.3d 287 · Court of Appeals for the Fifth Circuit · Aug 17, 2018

However, this immunity is not absolute. … For the Board to enjoy Parker immunity under the Sherman Act, it must satisfy "two requirements: first that 'the challenged restraint ... be one clearly articulated and affirmatively expressed as state policy,' and second

Peggy Shumpert v. City of Tupelo, Mississip

Court of Appeals for the Fifth Circuit · Sep 25, 2018

The resolution of this case turns primarily on whether these rights were clearly established, so we will begin with that step of the qualified immunity analysis. … established law. 60 He is therefore entitled to qualified immunity on this claim. 61 C.

Rheuark v. Shaw

628 F.2d 297 · Court of Appeals for the Fifth Circuit · Sep 24, 1980

Because the court held each individual defendant was entitled to either absolute or qualified immunity, only Dallas County was held liable for damages. … We agree with the district court’s decision in this case that Judge Metcalfe enjoyed absolute judicial immunity and that his official court reporter was entitled to qualified immunity. 12 With respect to Judge Metcalfe, it

United Carolina Bank, Administrator Cta of the Estate of Seymour I. Somberg, Deceased v. Board of Regents of Stephen F. Austin State University

665 F.2d 553 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

The defendants’ claim to qualified immunity: State officials, such as the defendants here, enjoy a qualified immunity when sued for damages in their individual capacity under section 1983. … When this immunity is involved a plaintiff must prove that the defendants knew or reasonably should have known that they were acting in violation of the plaintiff’s clearly established constitutional rights, or that the defendants

Bolton v. City of Dallas TX

472 F.3d 261 · Court of Appeals for the Fifth Circuit · Dec 7, 2006

The should be dismissed because he is entitled to chief of police is a political position, and a qualified immunity. … Bolton’s claims against Benavides in his individual capacity are DISMISSED based on qualified immunity.

Gerardo Serrano v. U.S. Customs and Border

975 F.3d 488 · Court of Appeals for the Fifth Circuit · Sep 16, 2020

Alternatively, Espinoza argued that he is entitled to qualified immunity because he did not violate any clearly established constitutional right. … are entitled to qualified immunity.

Burns-Toole v. Byrne

11 F.3d 1270 · Court of Appeals for the Fifth Circuit · Jan 19, 1994

An action brought under § 1983 against a state actor in his individual capacity, however, is subject to the defense of qualified immunity. … a defendant's defense of qualified immunity.12 To do so, the plaintiff must show that the defendants' conduct was not objectively reasonable and, further, that the defendants violated clearly established law.13

Spencer Ex Rel. Spencer v. Staton

489 F.3d 658 · Court of Appeals for the Fifth Circuit · Jun 15, 2007

“Where a defendant pleads qualified immunity and shows he is a governmental official whose position involves the exercise of discretion, the plaintiff then has the burden ‘to rebut this defense by establishing that the official … ’s allegedly wrongful conduct violated clearly established law.’ ” Felton v.

Hagan v. Houston Independent School District

51 F.3d 48 · Court of Appeals for the Fifth Circuit · Apr 27, 1995

We do not address whether the students have shown constitutional violations because even if they have, we conclude that under the standard established in Taylor, Orum is entitled to qualified immunity.2 1. … Therefore, Orum is entitled to summary judgment on the basis of qualified immunity on this issue as well.

Houston Community Hospital v. Blue Cross & Blue Shield of Texas, Inc.

481 F.3d 265 · Court of Appeals for the Fifth Circuit · Mar 9, 2007

or qualified immunity. … is not dispositive as to whether a suit against BCBST may proceed in an alternate forum; it clearly cannot.

Breeland v. Hide-A-Way Lake, Inc.

585 F.2d 716 · Court of Appeals for the Fifth Circuit · Nov 17, 1978

not qualified to do business within the state. … The privileges and immunities clause provides as follows: “The Citizens of each State shall be entitled to all Privileges and Immunities of Citizens in the several States.” U.S.Const, art. IV, § 2, cl. 1. . C. H.

Jones v. King

Court of Appeals for the Fifth Circuit · Aug 1, 2025

“It is well established that judges enjoy absolute immunity for judicial acts performed in judicial proceedings.” 5 Indeed, “immunity applies even when the judge is accused of acting maliciously and corruptly.” 6 There are … The officials’ appeal concerns judicial immunity for presiding over the jury proceeding. Plaintiffs’ cross- appeal concerns judicial, quasi-judicial, and qualified immunity for actions related to contempt orders.