Case law

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.

Martin v. Memorial Hospital at Gulfport

130 F.3d 1143 · Court of Appeals for the Fifth Circuit · Dec 30, 1997

Martin's due process claims and state law claims, based on their defense of qualified immunity. … The district court erred by holding that the individual board members enjoyed qualified immunity from Dr. Martin's constitutional due process claims; 3.

Michael W. Nicoletti v. City of Waco, Larry Scott, in His Official Capacity as Chief of Police for the City of Waco

947 F.2d 190 · Court of Appeals for the Fifth Circuit · Nov 18, 1991

Scott’s motions did not explicitly raise the defense of qualified immunity, but did make two assertions that implicitly did so. … This exception vindicates a government employee’s qualified immunity from trial.

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.

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”).

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

Thompson v. Upshur County TX

Court of Appeals for the Fifth Circuit · Mar 30, 2001

To ensure that qualified immunity serves its intended purpose, it is of paramount import, during step two, to define “clearly established law” at the proper level of generality. Anderson v. … Thus, the issue as to sheriff Cross’s claim of qualified immunity is whether his policies were objectively reasonable in light of then clearly established law.

Stotter v. University of Texas at San Antonio

508 F.3d 812 · Court of Appeals for the Fifth Circuit · Nov 27, 2007

If they do, the official is nonetheless entitled to qualified immunity unless the court finds that the official’s conduct was objectively unreasonable in light of clearly established law at the time of the … To be “clearly established” for purposes of qualified immunity, “the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.” Johnson v.

68 Fair empl.prac.cas. (Bna) 1678, 66 Empl. Prac. Dec. P 43,737 E. Dempsey Gunaca v. The State of Texas, Office of the District Attorney--El Paso County, El Paso County, Alicia R. Chacon, County Judge, and Jaime Esparza, District Attorney, in His Official and Individual Capacity

65 F.3d 467 · Court of Appeals for the Fifth Circuit · Oct 3, 1995

credible evidence that such activity was the reason for his non-employment." 19 Government officials performing discretionary functions are entitled to qualified immunity from suit unless their conduct violated clearly established … See Blackwell, 34 F.3d at 303 (holding that defendant is entitled to qualified immunity if reasonable officials could differ on the lawfulness of defendant's actions). 7 Thus, we affirm on the grounds of qualified immunity

Anderson v. Estrada

140 F.4th 634 · Court of Appeals for the Fifth Circuit · Jun 13, 2025

right and (2) the constitutional right was clearly established at the time of the alleged misconduct.” … established law.

W. Douglas Williams v. Honorable Jack Brooks

945 F.2d 1322 · Court of Appeals for the Fifth Circuit · Oct 31, 1991

Forsyth, 472 U.S. 511, 105 S.Ct. 2806, 2814-15 , 86 L.Ed.2d 411 (1985) (qualified immunity); Williams v. Collins, 728 F.2d 721, 724-26 (5th Cir.1984) (absolute immunity under Barr v. … Although the doctrine of official immunity provides only a qualified immunity where constitutional torts are alleged, Harlow v.

Susan Carnaby v. City of Houston

636 F.3d 183 · Court of Appeals for the Fifth Circuit · Mar 22, 2011

Carnaby appeals only the summary judgment on the qualified-immunity and failure-to-train claims. III. … Qualified immunity is appropriate unless the de- fendant violated a clearly established constitutional right. Ontiveros v. City of Rosenberg, 564 F.3d 379 (5th Cir. 2009).

Schiff v. Williams

519 F.2d 257 · Court of Appeals for the Fifth Circuit · Sep 17, 1975

Recent precedent has broadened the qualified immunity available to public officials who are accused of constitutional wrongs while exercising discretionary duties within the scope of their authority. … It is the existence of reasonable grounds for the belief formed at the time and in light of all the circumstances, coupled with good faith belief, that affords basis for qualified immunity ..” Scheuer v.

James Patrick Price v. Thomas H. Brittain, Jr.

874 F.2d 252 · Court of Appeals for the Fifth Circuit · May 31, 1989

Whether state officials enjoy qualified immunity turns on the objective legal reasonableness of their conduct, assessed in light of the legal rules that were clearly established at the time of their actions. … Unit B July 1981), in which we upheld a qualified immunity defense because the plaintiff/civil service employee was unable to cite authority in support of her claim that her superiors had violated a clearly-established due

Kyle Shaw v. Karnes County, Texas

Court of Appeals for the Fifth Circuit · Mar 11, 2019

that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.” 9 And vicarious liability doesn’t apply to Bivens and § 1983 suits. 10 … , Shaw has not appealed Phillips’ qualified immunity.

Gene Barry v. Scott Freshour

905 F.3d 912 · Court of Appeals for the Fifth Circuit · Oct 4, 2018

On September 11, 2017, the defendants moved to dismiss, arguing (in pertinent part) that Barry lacked standing to raise his claims and that the state officials were entitled to qualified immunity. … The Zadeh panel still afforded the TMB officials qualified immunity protection, however, since the search’s illegality had not yet been clearly established at the time of the search. Id. at **6–7.

Charlene Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit

954 F.2d 1054 · Court of Appeals for the Fifth Circuit · Feb 28, 1992

Fitzgerald, 457 U.S. 800, 816-17 , 102 S.Ct. 2727, 2737-88 , 73 L.Ed.2d 396 (1982)), the Elliott court held that: In eases against government officials involving the likely defense of qualified immunity we require of trial … We have written that “pleadings, replete with ... conclusory statements, do not defeat the officers’ qualified immunity defense.” Streetman, 918 F.2d at 557 .

Howard L. Wyatt, Plaintiff-Appellant-Cross-Appellee v. Bill Cole, and Lloyd S. Jones, Wiley Magee & Mike Moore, Defendants-Appellees-Cross-Appellants

928 F.2d 718 · Court of Appeals for the Fifth Circuit · May 30, 1991

Qualified immunity, sovereign immunity, and § 1988. Wyatt argues that Cole and Robbins should be held jointly liable for his attorneys fees. … The Sixth Circuit rejected qualified immunity for private individuals but recognized a good faith defense in Duncan v. Peck, 844 F.2d 1261 (6th Cir.1988).

Crane v. Texas

759 F.2d 412 · Court of Appeals for the Fifth Circuit · May 2, 1985

Because the defense of qualified, good faith immunity is not available to a defendant sued in his official capacity, Owen v. … There would thus appear to be no finding of qualified immunity for Crane to assign as error.

Armstrong v. Ashley

60 F.4th 262 · Court of Appeals for the Fifth Circuit · Feb 15, 2023

The Law Enforcement Defendants Qualified immunity protects the Law Enforcement Defendants so long as their individual conduct did not violate clearly established constitutional rights. … When a defendant asserts qualified immunity, the burden is on the plaintiff to plead facts that show why immunity is inapplicable. See Waganfeald v. Gusman, 674 F.3d 475, 483 (5th Cir. 2012).