Case law

Scott v. City of Dallas

876 F. Supp. 852 · District Court, N.D. Texas · Feb 20, 1995

Qualified Immunity The individual Defendants have qualified immunity from liability for money damages if their conduct did not violate clearly-established law of which a reasonable official would have been aware. … Plaintiffs have submitted' only conelusory allegations in support of these claims, and have not plead any facts sufficient to defeat qualified immunity concerning them.

Williams v. Blaisdell

173 F. Supp. 2d 574 · District Court, N.D. Texas · Apr 6, 2001

§ 1983 6 unless it is shown by specific allegations that the official violated clearly established constitutional law. … In analyzing whether a defendant is entitled to qualified immunity, the court undertakes a two-stage analysis. Id.

Pumpkin Air, Inc. v. City of Addison

608 F. Supp. 787 · District Court, N.D. Texas · Jan 28, 1985

Clearly Articulated State Policy Defendants argue that the Texas Municipal Airports Act, Tex.Rev.Civ.Stat. Ann. art. 46d-1 et seq. … Misrepresentations do not qualify for Noerr-Pennington protection. Woods Exploration and Producing Company v.

Swate v. Taylor

12 F. Supp. 2d 591 · District Court, N.D. Texas · Aug 28, 1998

Officials may qualify for this conditional immunity from liability by showing that the circumstances involved a right of the citizen that was not clearly established and that their actions were objectively reasonable in light … of standards that were clearly established.

Wells v. City of Carrollton

678 F. Supp. 632 · District Court, N.D. Texas · Feb 4, 1988

does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … Plaintiff has the burden of producing competent summary judgment evidence showing facts which will overcome Defendants’ defense of qualified immunity. See Elliott v. Perez, 751 F.2d 1472 (5th Cir. 1985).

Todd v. Hawk

861 F. Supp. 35 · District Court, N.D. Texas · Aug 19, 1994

Further, discovery cannot proceed until the Court has determined that the defense of qualified immunity will not be granted. … immunity.

Taylor v. Federal Home Loan Bank Board

661 F. Supp. 1341 · District Court, N.D. Texas · Nov 19, 1986

Further, plaintiffs must show in their pleading that the defendants violated rights of the plaintiffs that were clearly established at time of the conduct at issue. Davis v. … A plaintiff who seeks damages for violation of constitutional or statutory rights may overcome the defendant official’s qualified immunity only by showing that those rights were clearly established at the time of the conduct

Christian v. City of Dallas

64 F. Supp. 2d 617 · District Court, N.D. Texas · Sep 22, 1999

Chief Bennie Click is entitled to summary judgment on the claims against him on the basis of qualified immunity. Defendants also argue the Chief Bennie Click is entitled to qualified immunity from Plaintiffs claims. … The question of whether an official is entitled to qualified immunity depends on whether the plaintiff has alleged a violation of clearly established constitutional rights and whether the official’s conduct was objectively

Jones v. Performance Service Integrity

492 F. Supp. 2d 590 · District Court, N.D. Texas · Jun 21, 2007

Abuse of Qualified Privileges Plaintiffs fourth count is styled “abuse of qualified privileges.” … Accordingly, Jones has failed to establish a prima facie case for unlawful retaliation. Count five of Jones’s Complaint must be dismissed. 5.

Woolen v. Surtran Taxicabs, Inc.

615 F. Supp. 344 · District Court, N.D. Texas · Aug 8, 1985

Finally, “City of Lafayette suggested, without deciding the issue, that it would be sufficient to obtain Parker immunity for a municipality to show that it acted pursuant to a ‘clearly articulated and affirmatively expressed … The Court held that the system was a clearly articulated state policy, but that it did not meet the active supervision requirement: The State simply authorizes price setting and enforces the prices established by private

Sanchez v. Rowe

651 F. Supp. 571 · District Court, N.D. Texas · Nov 24, 1986

In a lawsuit for damages arising from violations of constitutional rights, federal law enforcement officers, like their state counterparts, may claim only qualified immunity. Butz v. … Qualified immunity shields government officials from liability where their conduct does not violate clearly established constitutional rights of which a reasonable man would have known. Harlow v.

Van v. Anderson

199 F. Supp. 2d 550 · District Court, N.D. Texas · Mar 7, 2002

Reasonable Fact Gathering In order to qualify for HCQIA immunity, Defendants must also have made a reasonable effort to obtain the relevant facts. See 42 U.S.C. § 11112 (a)(2). … Thus, the qualified immunity from liability conferred by these statutes to Defendants Anderson and Schwade can be defeated only by a showing that they acted with actual malice. See Id.

McDavid v. Smith Unit

District Court, N.D. Texas · Oct 30, 2023

Nevertheless, Plaintiff argues that the FCR should be vacated along with every other order that Judge Reno entered because he asserts that she disregarded the Magistrates Act, clearly established law and procedure, and … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Millennium Restaurants Group, Inc. v. City of Dallas

191 F. Supp. 2d 802 · District Court, N.D. Texas · Feb 21, 2002

The City, however, misapprehends the doctrine of qualified immunity. “[Qualified immunity is not a defense to [a plaintiffs] claims for declaratory and injunctive relieff.]” See Yates v. … Therefore, for the reasons discussed, Bolton’s assertion of qualified immunity is inapplicable. B.

Collin County v. Homeowners Ass'n for Values Essential to Neighborhoods (HAVEN)

654 F. Supp. 943 · District Court, N.D. Texas · Jan 30, 1987

Whether an official’s immunity is absolute or qualified, allowing any but perhaps the most preliminary proceedings on the immunity-barred claim runs squarely counter to the doctrine’s basic purpose. … The Commissioners' qualified, good faith immunity — as opposed to absolute immunity — defense can insulate them only from liability in their individual capacities.

Westport Ins. Corp. v. Cotten Schmidt, LLP

605 F. Supp. 2d 796 · District Court, N.D. Texas · Mar 18, 2009

And, as a defense, Schmidt and Martinez’s qualified immunity from liability does not relieve Westport of its duty to defend. … Again, Texas law on the qualified immunity of attorneys is implicated.

Dupree v. Lubbock County Jail

805 F. Supp. 20 · District Court, N.D. Texas · Sep 24, 1992

ORDER Came to be heard in the above-styled and -numbered cause, on Motion for Summary Judgment on grounds of qualified immunity Defendant Officer Craig Reidy, a Deputy Sheriff of Lubbock County, Texas. … Defendant moved for summary judgment on grounds that he was entitled to qualified immunity.

OKC Corp. v. Williams

461 F. Supp. 540 · District Court, N.D. Texas · Nov 22, 1978

If on the other hand they committed those acts in their investigative role, then they may claim qualified immunity. … This law of qualified immunity places both OKC and the SEC in difficult positions.

Johnston v. Shaw

556 F. Supp. 406 · District Court, N.D. Texas · Dec 21, 1982

immunity even though they may ‘exercise a slice of state power.’ ” Laje, 665 F.2d at 727 . … That claim of entitlement stems from art. 2351(11) and the action of defendants in establishing eligibility requirements and an agency to dispense emergency relief to those in need who qualify. As in Goldberg v.

Hunt

District Court, N.D. Texas · May 29, 2026

The Qualified Immunity Standard “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … violated clearly established law.