Case law

74 Fair empl.prac.cas. (Bna) 163, 71 Empl. Prac. Dec. P 44,805 Sherry Southard, Sherry Southard Tammy Leis Teresa Pankey Helen Minter Patricia Anne Maimbourg Tammy Wells and Linda Fleming v. The Texas Board of Criminal Justice, James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division, and Oscar Strain

114 F.3d 539 · Court of Appeals for the Fifth Circuit · Jun 13, 1997

Strain asserted that he was entitled to qualified immunity because the facts alleged failed to state violations of clearly established constitutional rights. … to qualified immunity because Fleming failed to raise a fact issue that Strain's conduct, objectively viewed, violated her clearly established rights.

69 Fair empl.prac.cas. (Bna) 1505, 67 Empl. Prac. Dec. P 43,891 Wilfred Waylon Jackson v. City of Atlanta, Tx., Jim Long, Individually and in His Capacity as City Manager

73 F.3d 60 · Court of Appeals for the Fifth Circuit · Jan 24, 1996

grounds for denying a motion for summary judgment based on qualified immunity: "(a) a determination about pre-existing 'clearly established' law, or (b) a determination about 'genuine' issues of fact for trial." 9 The Court … a violation of clearly established law.

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.

Donald M. Johnson v. Louisiana Department of Agriculture, Bob Odom

18 F.3d 318 · Court of Appeals for the Fifth Circuit · May 20, 1994

But it was persuaded that qualified immunity shielded the defendants from liability. Johnson argues that the law of the case precludes exonerating the defendants on qualified immunity grounds. We agree. … defendants are not entitled to absolute immunity status and 2) a material issue of fact exists as to the defendants’ claims for qualified immunity making summary judgment improper.

Hale v. Fish

899 F.2d 390 · Court of Appeals for the Fifth Circuit · Apr 30, 1990

Qualified Immunity. Both Major Jones and Special Agent Magee contend that the court erred in re *402 jecting their defense of qualified immunity. … Under the doctrine of qualified immunity, federal and state law enforcement officers may be held liable for Fourth Amendment violations only if their actions violate “clearly established” rights. Anderson v.

Benningfield v. City of Houston

157 F.3d 369 · Court of Appeals for the Fifth Circuit · Oct 5, 1998

Qualified Immunity 37 In Click v. … We also affirm the denial of qualified immunity as to those claims.

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.

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. … III. 17 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 18 With respect to Judge

Wearry v. Foster

52 F.4th 258 · Court of Appeals for the Fifth Circuit · Oct 27, 2022

The basic question is “whether particular actions of government officials fit within a common-law tradition of absolute immunity, or only the more general standard of qualified immunity.” Id. … No. 20-30406 challenged violation is pre-indictment or investigatory, then the prosecutor may claim at best qualified immunity.

Hardy W. Ryland and Alma Odessa Ryland v. Alfred B. Shapiro, Edwin O. Ware and Edward E. Roberts, Jr.

708 F.2d 967 · Court of Appeals for the Fifth Circuit · Jul 5, 1983

Instead, we held that, under certain conditions, a prosecutor may be entitled to qualified immunity. Id. … Finally, *976 should the court conclude that these defendants are entitled to qualified immunity, it should then determine whether their actions “violate[d] clearly established statutory or constitutional rights of which

Jane Doe v. Taylor Independent School District, and Mike Caplinger and Eddy Lankford

975 F.2d 137 · Court of Appeals for the Fifth Circuit · Oct 2, 1992

Forsyth, 472 U.S. 511, 529-30 , 105 S.Ct. 2806, 2817 , 86 L.Ed.2d 411 (1985) (denial of qualified immunity is an immediately appealable order). … There is no dispute that the burden of establishing an entitlement to qualified immunity is on Superintendent Caplinger and Principal Lankford, the officials seeking to invoke it. Stoneking 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.

Fields v. City of South Houston, Texas

922 F.2d 1183 · Court of Appeals for the Fifth Circuit · Mar 21, 1991

Finding the City is not entitled to qualified immunity, we reverse this determination. … Second, even if Plaintiff's "proof" is properly considered, Defendants maintain they have established qualified immunity as a matter of law.

Ikechukwu Okorie v. Virginia Crawford

921 F.3d 430 · Court of Appeals for the Fifth Circuit · Apr 12, 2019

Because this detention was less intrusive than the one in Heitschmidt, that case alone does not establish that the “violative nature of this particular conduct is clearly established.” … The consequence, though, is that Okorie is unable to point to caselaw clearly establishing the unlawfulness of this type of detention.

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.

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.

Fraire v. City of Arlington

957 F.2d 1268 · Court of Appeals for the Fifth Circuit · Apr 10, 1992

alleged to have violated.” 12 Whether a defendant asserting qualified immunity may be personally liable turns on the objective legal reasonableness of the defendant’s actions assessed in light of clearly established law. … Holmes 19 were the clearly established law in this circuit with respect to excessive force in the context of the Fourth Amendment.

Rolf v. City of San Antonio

74 F.3d 81 · Court of Appeals for the Fifth Circuit · Feb 5, 1996

Qualified immunity Qualified immunity "shields certain public officials performing discretionary functions from civil damage liability if "their actions could reasonably have been thought … Similarly, reasonable officials would have understood that their actions deprived appellants of their clearly established 27 Id. 28 Duckett v.

Allen v. Hays

Court of Appeals for the Fifth Circuit · Mar 21, 2023

The individual defen- dants claim the benefit of qualified immunity. … Qualified immunity shields government officials from liability if their conduct “does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v.

Martin v. Halliburton

618 F.3d 476 · Court of Appeals for the Fifth Circuit · Sep 7, 2010

Forsyth, 472 U.S. 511 (1985),] clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a ‘final’ judgment subject to immediate appeal.”) … Comision de Contratos del Comite Ejecutivo Gen., 923 F.2d 380, 385 (5th Cir. 1991), and qualified immunity under Title VII, Brown v. Tex.