Case law

Wells v. Dallas Independent School District

576 F. Supp. 497 · District Court, N.D. Texas · Dec 14, 1983

Qualified Immunity The defendant members of the Board of Trustees and Superintendent Wright claim that they are not liable to suit in their individual capacities because of their qualified immunity for acts undertaken in … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Kirkland

District Court, N.D. Texas · Aug 6, 2026

Here, Plaintiff does not plausibly allege that Judge O’Hare’s actions were objectively unreasonable in light of specific, clearly established law. Thus, he cannot overcome Judge O’Hare’s qualified immunity. … To overcome qualified immunity, the plaintiff must show that the alleged right was clearly established based on existing precedent that “squarely governs the specific facts at issue.” Garcia, 957 F.3d at 600.

Zarnow v. City of Wichita Falls

640 F. Supp. 2d 844 · District Court, N.D. Texas · Feb 25, 2009

The City, the Chief of Police and the individual officers appealed this court’s denial of qualified immunity. During the pendency of this case, Dr. Zarnow died. … Zarnow’s house was unconstitutional due to the lack of probable *846 cause for the issuance of the warrant, but that the individual officers who conducted the search had qualified immunity.

Mayfield-George v. Texas Rehabilitation Commission

197 F.R.D. 280 · District Court, N.D. Texas · Nov 6, 2000

They assert that the Petition seeks to avoid the heightened pleading requirements imposed on § 1983 plaintiffs facing a defense of qualified immunity because Petitioners are either unwilling or unable to meet such pleading … There is no reason why removal to this Court is necessary to preserve Respondents’ potential defense of qualified immunity. Respondents completely fails to state why they cannot raise this argument under Tex.R. Civ.

Borchert v. City of Ranger, Tex.

42 F. Supp. 577 · District Court, N.D. Texas · Nov 24, 1941

But that statement made in open court by its counsel is qualified somewhat by its Mayor who, in substance, said there would be no prosecutions if these plaintiffs did not disturb the citizens by distributing their literature … Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

MCI Communications Services, Inc. v. Arizona Telephone Co.

158 F. Supp. 3d 571 · District Court, N.D. Texas · Nov 17, 2015

And the qualified nature of Indian sovereignty modifies that principle only by placing a tribe’s immunity, like its other governmental powers and attributes, in Congress’s hands. … C When a “tribe establishes an entity to conduct certain activities, the entity is immune if it functions as an arm of the tribe.” Allen, 464 F.3d at 1046 ; see also Alabama v.

Thomas v. Maxam

563 F. Supp. 178 · District Court, N.D. Texas · May 2, 1983

The Defendants have plead that even if one or more of their actions was unconstitutional, that they are qualifiedly immune from damages. Last year, the Court set down a test for qualified immunity in objective terms. … If the law was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his conduct.

Doe v. GRANBURY ISD

19 F. Supp. 2d 667 · District Court, N.D. Texas · Jun 11, 1998

Qualified immunity insulates a government official from civil damages liability when the official’s actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiffs have alleged any violation of a clearly established right, and, if so, whether the individual defendant

Garland Independent School District v. Wilks

657 F. Supp. 1163 · District Court, N.D. Texas · Apr 13, 1987

The named individuals raise the defense of qualified immunity. While under Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), an official has no qualified immunity when he or she has violated “clearly established statutory or constitutional rights of which a reasonable

Maricle v. Biggerstaff

10 F. Supp. 2d 705 · District Court, N.D. Texas · Apr 1, 1998

These freedoms are among the most basic, treasured, and clearly established rights provided by the Constitution. But by their own terms, these amendments do not prohibit all governmental intrusion. … Because the plaintiffs failed to establish financial responsibility, the police officers clearly had probable cause to believe that the vehicles had been and were being used in the commission of an offense. 2 Compare Tex.

Whetstone

District Court, N.D. Texas · Sep 11, 2026

Walker, A Qualified Defense of Qualified Immunity, 93 NOTRE DAME L. REV. 1853 (2018). … True, the Fifth Circuit has sometimes used Graham to supply “clearly established law” in qualified immunity analyses. See Westfall v. Luna, 903 F.3d 534, 549 (5th Cir. 2018).

Tobin v. AMR Corp.

637 F. Supp. 2d 406 · District Court, N.D. Texas · Jul 8, 2009

It specifically chose the term ‘fee.’ ” 48 Plaintiffs claim the Samaritan Act’s use of the phrase “not for compensation” establishes a narrow entitlement to immunity. … following services and equipment: (a) Carriers shall provide assistance requested by or on behalf of qualified individuals with a disability, or offered by air carrier personnel and accepted by qualified individuals with

Proctor v. Wackenhut Corrections Corp.

232 F. Supp. 2d 709 · District Court, N.D. Texas · Nov 8, 2002

To establish a prima facie case of discrimination under Title VII, Proctor must show that (1) she is a member of a protected class; (2) she was qualified for her position; (3) she suffered an adverse employment action; and … McKnight, 521 U.S. 399 , 117 S.Ct. 2100 , 138 L.Ed.2d 540 (1997), that private guards in a state prison are not entitled to qualified immunity.

Stevens

District Court, N.D. Texas · Apr 6, 2026

Once an officer pleads qualified immunity, the plaintiff has the burden to establish that the officer violated the plaintiff’s clearly established federal rights. Argueta, 86 F.4th at 1088 (citing Estate of Davis v. … In short, an officer is entitled to qualified immunity “if there is no violation, or if the conduct did not violate law clearly established at the time.” Bailey v. Iles, No. 22-30509, 2023 WL 8062239 at *2 (5th Cir.

Brown v. City of Dallas

District Court, N.D. Texas · Jul 30, 2025

In other words, “a plaintiff seeking to defeat qualified immunity must show: (1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the … “[O]vercoming qualified immunity is especially difficult in excessive-force cases . . .. [T]he law must be so clearly established that—in the blink of an eye, []— every reasonable officer would know it immediately.”

Torres v. Byous

District Court, N.D. Texas · Aug 15, 2025

The second question is whether the right at issue was clearly established at the time of the alleged misconduct.”5 If the answer to either question is wrong, the officer retains qualified immunity and the Court’s inquiry … to use force.”13 “[P]olice officers are entitled to qualified immunity unless existing precedent squarely governs the specific facts at issue.”14 “A clearly established right is one that is sufficiently clear that

Apani Southwest, Inc. v. Coca-Cola Enterprises, Inc.

128 F. Supp. 2d 988 · District Court, N.D. Texas · Jan 8, 2001

face qualifies its reach to states or expressly regulates states. … Thus, municipalities and other political subdivisions, while they are not automatically immune under Parker because they are not sovereign, are entitled to immunity when they act pursuant to a clearly articulated and affirmatively

Trevino

District Court, N.D. Texas · Mar 23, 2026

Once an officer pleads qualified immunity, the plaintiff has the burden to establish that the officer violated the plaintiff’s clearly established federal rights. Argueta, 86 F.4th at 1088 (citing Estate of Davis v. … To defeat the second prong of the qualified immunity analysis, Trevino must provide clearly established law that Contreras’s conduct was not objectively reasonable.

Central Ambulance Service, Inc. v. City of Dallas

631 F. Supp. 366 · District Court, N.D. Texas · Mar 26, 1986

these decisions, the most substantial area of controversy in application of the Parker doctrine centered on the degree of clarity with which a state legislative policy must be articulated for a municipality’s actions to qualify … entitled to protection under the Parker doctrine because “it has been vested by state statute with extensive regulatory discretion over the emergency medical services industry, and it is specifically authorized by state law to establish

Chevalier v. Animal Rehabilitation Center, Inc.

839 F. Supp. 1224 · District Court, N.D. Texas · Dec 13, 1993

Plaintiff clearly would not qualify as a general-purpose public figure, and Defendants do not disagree. If Defendants are right about Plaintiff's status, it must be because he is a limited-purpose public figure. … Sullivan and Texas common-law qualified immunity. 5 . In fact, shortly after the McDonald decision, one commentator recognized the fallacy of the very argument Defendants advance. See Robert A.