Case law

Mohamed ex rel. A.M. v. Irving Independent School District

252 F. Supp. 3d 602 · District Court, N.D. Texas · May 18, 2017

Principal Cummings asserts he is entitled to qualified immunity, as Plaintiff has failed to plead facts showing that he violated any of A.M.’s clearly established constitutional rights. … In analyzing qualified immunity claims, the Supreme Court has “repeatedly told courts ... to not define clearly established law at a high level of generality.” Mullenix v.

Venable v. Keever

61 F. Supp. 2d 552 · District Court, N.D. Texas · Aug 24, 1999

Defendants assert that they are each entitled to qualified immunity from suit because in filing the counterclaim Keever was performing a discretionary act, did not violate any clearly established constitutional right of which … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

Harmon v. Dall. Cnty.

294 F. Supp. 3d 548 · District Court, N.D. Texas · Feb 20, 2018

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts...to not define clearly established law at a high level of generality." Mullenix v. … In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts … to not define clearly established law at a high level of generality." Mullenix v.

Kostic v. Texas A & M University at Commerce

11 F. Supp. 3d 699 · District Court, N.D. Texas · Mar 31, 2014

Qualified Immunity “Qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … Even if the right was clearly established at the time of the alleged violation, a defendant will still be entitled to qualified immunity if the defendant’s conduct was “objectively reasonable in light of ‘clearly established

Booth v. City of Dallas

312 F.R.D. 427 · District Court, N.D. Texas · Dec 18, 2015

“The doctrine of qualified immunity shields ‘government officials performing discretionary functions ... from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … That is, even if a government official’s conduct violates a clearly established right, the official is entitled to immunity if his conduct was objectively reasonable. See Davis v.

Harris v. City of Balch Springs

9 F. Supp. 3d 690 · District Court, N.D. Texas · Mar 28, 2014

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … If “the pleadings on their face show an unreasonable violation of a clearly established constitutional right,” assertion of a qualified immunity defense is insufficient to sustain a Rule 12(b)(6) motion to dismiss.

Mohamed Elhassan Mohamed, M. v. Irving Indep. Sch. Dist.

300 F. Supp. 3d 857 · District Court, N.D. Texas · Mar 13, 2018

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … "[T]o evaluate the 'clearly established law' prong of the qualified immunity test, the court must ask whether, at the time of the incident, the law clearly established that such conduct would violate the right."

Graham v. Dall. Area Rapid Transit

288 F. Supp. 3d 711 · District Court, N.D. Texas · Dec 28, 2017

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … This second part of the qualified immunity inquiry considers whether the right was clearly established at the time of the violation.

Shah v. University of Texas Southwestern Medical School

54 F. Supp. 3d 681 · District Court, N.D. Texas · Oct 20, 2014

Shah violated a clearly established right. … Shah violated one or more of Shah’s clearly established constitutional rights when he wrote to the SPC, Dr. Shah is entitled to qualified immunity. E The court now considers whether Dr.

Gill v. Devlin

867 F. Supp. 2d 849 · District Court, N.D. Texas · Mar 12, 2012

Therefore, unless the pleadings plausibly state a claim of an objectively unreasonable violation of clearly-established law, a defendant pleading qualified immunity is entitled to dismissal before full discovery is commenced … CONCLUSION Gill has plausibly alleged the violation of her clearly established equal-protection rights.

Self v. City of Mansfield

369 F. Supp. 3d 684 · District Court, N.D. Texas · Mar 26, 2019

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … a clearly established constitutional right.

Blakely v. Andrade

360 F. Supp. 3d 453 · District Court, N.D. Texas · Jan 23, 2019

If the court answers both the constitutional violation and clearly established questions in the affirmative, the officer is not entitled to qualified immunity. Lytle , 560 F.3d at 410 . … For purposes of qualified immunity, "clearly established" means that the "contours of the right" are "sufficiently clear that a reasonable official would understand that what he is doing violates that right."

Shemwell v. Cannon

352 F. Supp. 3d 690 · District Court, N.D. Texas · Jan 15, 2019

Qualified Immunity 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 … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant's

Swann v. City of Dallas

922 F. Supp. 1184 · District Court, N.D. Texas · Feb 12, 1996

Public officials, however, are not shielded by qualified immunity if their conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. … Finally, to satisfy the third part of the qualified immunity test, the plaintiff must establish that the official’s conduct was objectively unreasonable in fight of the legal rules clearly established at the time the actions

Student Services for Lesbians/Gays & Friends v. Texas Tech University

635 F. Supp. 776 · District Court, N.D. Texas · May 28, 1986

Qualified Immunity For Defendants Not Given Absolute Immunity First, this defense of qualified immunity is asserted principally on behalf of those defendants who were sued in an individual capacity. … The Law as to the Plaintiff Organization Was Clearly Established In Some Circuits The defense of qualified immunity is not an absolute bar to damages against persons who are sued also in their individual capacity.

Woolum v. City of Dallas

District Court, N.D. Texas · Dec 5, 2019

And, through his answer, Digby asserted qualified immunity. See id., ¶¶ 2.5, 2.6, & 2.7. … See Wicks, 41 F.3d at 994; Backe, 691 F.3d at 648 (“[T]his court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary

Harmon v. Dallas County

248 F. Supp. 3d 814 · District Court, N.D. Texas · Mar 31, 2017

immunity (Doc. 26) and the order denying that motion (Doc. 29) and concludes that nature of the challenged conduct was not clearly established in the specific context of this case. … immunity because, at *823 the time Howell was fired, it was not clearly established whether his involvement in the FBI investigation was protected under the First Amendment.”

Feasel v. Willis

904 F. Supp. 582 · District Court, N.D. Texas · Mar 9, 1995

It is the Plaintiff who must overcome the claim to qualified immunity. The Defendant filed two briefs on the issue of qualified immunity. … Creighton, supra, the terminology “clearly established” has an important application to any claim of qualified immunity. Anderson v. Creighton, supra, cited with favor in Malley v.

Peavy v. Dallas Independent School District

57 F. Supp. 2d 382 · District Court, N.D. Texas · Aug 31, 1999

Qualified Immunity Defendant Kress contends that he is entitled to qualified immunity for the al~ leged violation of the Act and the alleged constitutional violation. … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.

Shepard v. Hansford County

110 F. Supp. 3d 696 · District Court, N.D. Texas · May 22, 2015

QUALIFIED IMMUNITY Qualified immunity is a doctrine designed to protect government officials sued in their individual capacity from liability for civil damages, so long as “their conduct does not violate clearly established … If a defendant successfully establishes the qualified immunity defense, he or she is completely immune from suit. See id.