Case law

William Metlin v. General Joseph T. Palastra, Jr., Commanding General, Fort Polk, Louisiana and Colonel Charles D. Herrera, Colonel Charles D. Herrera, David W. Carson v. General Joseph T. Palastra, Jr., Commanding General, Fort Polk, Louisiana and Colonel Charles D. Herrera, Colonel Charles D. Herrera

729 F.2d 353 · Court of Appeals for the Fifth Circuit · Apr 9, 1984

After finding appellate jurisdiction over the denial of the officer's claim of absolute immunity, we exercise pendent jurisdiction over his qualified immunity claim and conclude that the Army officer is entitled to qualified … Unless the ... plaintiff can establish that the defendant officials have violated clearly established law, the claim for damages must be dismissed." Sampson v.

Cleveland Ex Rel. Cleveland v. United States

457 F.3d 397 · Court of Appeals for the Fifth Circuit · Jul 19, 2006

II The United States is immune from suits “save as it consents to be sued.” United States v. Mitchell, 445 U.S. 535, 538 (1980). The Federal Tort Claims Act constitutes a waiver of sovereign immunity. … Here, the BJACH is a government entity and thus subject to the waiver of immunity under the FTCA. See Hayes v.

Shawn Lockett v. New Orleans City

Court of Appeals for the Fifth Circuit · May 27, 2010

If the official’s conduct violated a clearly established constitutional right, then qualified immunity is not applicable. … Nonetheless, the district court granted the defendants qualified immunity because it found that Lockett did not satisfy the second prong, which requires that the constitutional right was clearly established.

Doug Morgan v. Plano Independent School District

Court of Appeals for the Fifth Circuit · Jul 1, 2010

Qualified immunity thus shields government officials performing discretionary functions from individual liability for civil damages but only “insofar as their conduct does not violate clearly established rights of which a … Appellees’ have alleged a violation of clearly established law; therefore, Appellants are not entitled to qualified immunity.

Hale v. King

642 F.3d 492 · Court of Appeals for the Fifth Circuit · May 26, 2011

Georgia, 4 the Supreme Court established a three-part *498 test for addressing whether Title II validly abrogates state sovereign immunity in a given case. … Bell Communs., Inc., 310 F.3d 398, 400 (5th Cir.2002) ("To establish a prima facie case for discrimination under the ADA, a plaintiff must be a qualified individual with a disability.”); Kocsis v.

Allen v. Hays

Court of Appeals for the Fifth Circuit · Apr 16, 2023

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. … To survive the motion to dismiss, however, as the second step of overcoming a qualified-immunity defense, plaintiffs must also plead enough to allege that the constitutional violation was clearly established at the

Cole v. Gray

638 F.2d 804 · Court of Appeals for the Fifth Circuit · Mar 2, 1981

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), and if we should find to the contrary, that they were clearly within the parameters of the qualified immunity discussed in Scheuer v. … The Supreme Court established in Paul v.

Robert T. McGregor v. Louisiana State University Board of Supervisors

3 F.3d 850 · Court of Appeals for the Fifth Circuit · Sep 24, 1993

We also agree with Judge Duplantier that even if McGregor stated a claim for violation of clearly established rights, qualified immunity shields the defendants from individual liability in this case. … Qualified immunity protects a state official, even where his conduct violates a clearly established right, if his conduct was objectively reasonable. Duckett, 950 F.2d at 280 .

Dunham v. Wainwright

713 F. App'x 334 · Court of Appeals for the Fifth Circuit · Feb 22, 2018

While the defendants are generally entitled to Eleventh Amendment immunity for claims brought against them in their official capacities, they are not immune from Dunham’s claims seeking prospective relief to prevent federal … As to Dunham’s claims against the defendants in their individual capacities, in order for Dunham to overcome the defendants’ assertion of qualified immunity, Dunham must show that the defendants violated clearly established

Lemoine Ex Rel. Est. of Lemoine v. New Horizons Ranch & Center, Inc.

174 F.3d 629 · Court of Appeals for the Fifth Circuit · May 12, 1999

The district court denied their claim to qualified immunity because it found that there existed two genuine issues of material fact. … immunity.

Harris v. Victoria Independent School District

168 F.3d 216 · Court of Appeals for the Fifth Circuit · Jul 6, 1999

Duckett, 950 F.2d at 280 . 27 The Defendants contend they are entitled to qualified immunity because the law concerning the Plaintiffs' type of speech was not clearly established at the time of their conduct. … The Plaintiffs argue there does not have to be a case directly on point for the law to be deemed clearly established, and that existing employee speech law was clearly established under these facts. See Anderson v.

Freeman v. United States

556 F.3d 326 · Court of Appeals for the Fifth Circuit · Jan 22, 2009

Fitzgerald, 457 U.S. 800, 817 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982),] qualified immunity standard is to protect public officials from the ‘broad-ranging discovery’ that can be ‘peculiarly disruptive of effective government … Dep’t of Agric., 815 F.2d at 382-83 (affirming stay of discovery where absolute and qualified immunity applied).

Billie Keyes v. Philip Gunn

890 F.3d 232 · Court of Appeals for the Fifth Circuit · May 11, 2018

In the proceedings before the district court, the defendants moved to dismiss on various grounds, including legislative immunity, qualified immunity, Eleventh Amendment immunity, lack of subject matter jurisdiction under … As we have earlier noted, the defendants have raised defenses of Eleventh Amendment immunity, absolute immunity, and qualified immunity. The district court rejected each of these defenses.

Frank Slavin v. Tim Curry Etc.

574 F.2d 1256 · Court of Appeals for the Fifth Circuit · Jun 13, 1978

As the Supreme Court has explained: The procedural difference between the absolute and the qualified immunities is important. … The fate of an official with qualified immunity depends upon the circumstances and motivations of his actions, as established by the evidence at trial. Imbler v.

Earl Charles v. F. W. Wade, Leo B. Ryan and City of Savannah, Georgia

665 F.2d 661 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

This was clearly an inappropriate reason for denying appellant’s motion to depose. … In holding high executive officials subject to qualified immunity, Scheuer may have been a withdrawal from the absolute immunity at federal common law of Barr v.

Annie Sam v. Donald Thompson

887 F.3d 710 · Court of Appeals for the Fifth Circuit · Apr 12, 2018

Where, as here, the officer asserts a defense of qualified immunity, the plaintiff must show that the officer’s use of force “violated clearly established statutory or constitutional rights of which a reasonable person would … Finally, an officer who asserts qualified immunity will not be held liable for an arrest if he “reasonably but mistakenly conclude[d] that probable cause [wa]s present.” District of Columbia v. Wesby, 138 S.

Crane v. City of Arlington

Court of Appeals for the Fifth Circuit · Oct 4, 2022

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … The second step of the qualified immunity inquiry is asking “whether the violated constitutional right was clearly established at the time of the violation.” 58 The purpose of this inquiry is to determine whether the

MCI Telecommunications Corp. v. Alhadhood

82 F.3d 658 · Court of Appeals for the Fifth Circuit · May 13, 1996

Mokarrab and Colonel Mubarak to MCI to pay for the calls qualified as “commercial activity” under that exception to the FSIA. … Moats, 961 F.2d 1198, 1205 (5th Cir.1992) (“[t]he negotiation of contracts, including entry into a settlement agreement, clearly is the type of act performed by private persons”).

Scott Gibson v. Bryan Collier

920 F.3d 212 · Court of Appeals for the Fifth Circuit · Mar 29, 2019

The Director moved for summary judgment on the basis of qualified and Eleventh Amendment immunity. … The Director moved for summary judgment based only on immunity: qualified and Eleventh Amendment.

Cripps v. Louisiana Department of Agriculture & Forestry

819 F.3d 221 · Court of Appeals for the Fifth Circuit · Apr 8, 2016

Qualified Immunity The final issue before this court is whether the district court erred in finding Fields entitled to qualified immunity. … Holmes, 138 F.3d 173, 176 (5th Cir. 1998) (reviewing claims of qualified immunity using a two-step analysis: first, asking whether a plaintiff has alleged the violation of a clearly established statutory or constitutional