Case law

Carlito-Garcias v. City of Fort Worth, Texas

District Court, N.D. Texas · Oct 30, 2020

Qualified Immunity Qualified immunity insulates a government official from civil damages liability when the official’s actions do not “violate clearly established statutory … 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

Gonzalez v. Mercado

District Court, N.D. Texas · Jan 21, 2020

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 … 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

Rodriguez v. Texas Commission on the Arts

992 F. Supp. 876 · District Court, N.D. Texas · Jan 29, 1998

Having concluded that Congress clearly intended to abrogate the States’ sovereign immunity through the Copyright Act amendment, the Court now considers whether Congress passed the Act “pursuant to a valid exercise of power … In overruling Union Gas, Chief Justice Rehnquist nóted that Union Gas was a “solitary departure from established law,” and that the opinion “eviscerated” the Court’s landmark holding in Hans v. Louisiana. Id.

Gaines v. Texas Tech University

965 F. Supp. 886 · District Court, N.D. Texas · Jun 2, 1997

“Texas Tech, as a state institution, clearly enjoys Eleventh Amendment immunity.” Wallace v. Texas Tech Univ., 80 F.3d 1042 , 1047 n. 3 (5th Cir.1996) (citing Laxey v. … The individual defendants also move the court to require Gaines to file a Fed.R.Civ.P. 7 reply that addresses their defense of qualified immunity.

Kendall v. Smith

District Court, N.D. Texas · Nov 19, 2020

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. Pauly, 137 S. … on his qualified immunity defense.

Maxwell v. Almanza

District Court, N.D. Texas · Aug 6, 2024

The second prong of qualified immunity necessitates that a plaintiff show that their constitutional right was clearly established at the time it was violated. … But even if an official’s conduct violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable under the circumstances.

Jackson v. Valdez

District Court, N.D. Texas · Feb 20, 2020

Qualified immunity protects government officials from liability for civil damages to the extent their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have … Under the second prong, courts must decide whether the constitutional right was “‘clearly established’ at the time of defendant’s alleged misconduct.” Id. (quoting Saucier, 533 U.S. at 201).

Vasquez v. Landon

District Court, N.D. Texas · Feb 25, 2020

ANALYSIS “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory … Officer Landon contends the summary judgment evidence establishes he is entitled to qualified immunity under both prongs of the defense.

Doe

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

Qualified Immunity Qualified immunity “adds a wrinkle to §1983 pleadings . . . .” Arnold v. Williams, 979 F.3d 262, 266 (5th Cir. 2020). … To overcome an official’s qualified immunity defense, a plaintiff must establish: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the

Association of Taxicab Operators v. Yellow Checker Cab Co. of Dallas/Fort Worth, Inc.

910 F. Supp. 2d 971 · District Court, N.D. Texas · Nov 28, 2012

To qualify as an antitrust injury, an injury must be “attributable to an anti-competitive aspect of the practice under scrutiny.” Atl. Richfield Co. v. … To establish state-action immunity for Clayton and Sherman Act violations, “[f]irst, the challenged restraint must be one clearly articulated and affirmatively expressed as state policy; second, the policy must be actively

Estate of Alex v. T-Mobile US, Inc.

313 F. Supp. 3d 723 · District Court, N.D. Texas · Mar 1, 2018

Accordingly, to qualify for statutory immunity, a defendant must be one of the covered entities involved in providing 9-1-1 services, and the claims against it must arise from the provision of 9-1-1 services. … The court held that due to intervening factors, Plaintiffs could not establish proximate cause.

Janvey v. Libyan Investment Authority

164 F. Supp. 3d 910 · District Court, N.D. Texas · May 12, 2015

Because the parties agree that LFICO and LIA qualify as foreign states, the Court moves to determine whether the Receiver can establish an exception applies. … The Receiver does not dispute that both LFICO and LIA qualify as “foreign states.” See SAC ¶ 10. .

Louis v. Lucas

District Court, N.D. Texas · Jul 17, 2023

LEGAL STANDARD FOR QUALIFIED IMMUNITY “Qualified immunity is a defense available to public officials performing discretionary functions ‘insofar as their conduct does not violate clearly … Because Lucas has properly asserted qualified immunity, the Court must assess Louis’ claims to determine (1) whether she has alleged a violation of a constitutional right, and if so, (2) whether that right was “clearly

Perkins v. Harris

District Court, N.D. Texas · Mar 1, 2023

Defendant has asserted the qualified immunity defense, which shields government officials from liability if their conduct does not “violate clearly established statutory or constitutional rights of which a reasonable person … The United States Court of Appeals for the Fifth Circuit “has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to ascertain the

Richard v. Zabojnik

District Court, N.D. Texas · Aug 28, 2020

seeks to apply.”10 Also, the Supreme Court has admonished that clearly established law requires a “high degree of specificity” and that we lower courts must not “define clearly established law at a high level of generality … When qualified immunity is involved, the Supreme Court and Fifth Circuit have admonished that qualified immunity involves immunity from suit (not just liability) and we lower courts are to decide whether qualified immunity

Traylor v. Yorka

District Court, N.D. Texas · Aug 11, 2022

Once the movant asserts the affirmative defense of qualified immunity, the burden shifts to the plaintiff to “rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established … In light of the requirement that clearly established law be particularized to the facts at issue and Plaintiffs failure to identify such law, the Court finds that Defendant is entitled to qualified immunity.

Alexander v. Brown

District Court, N.D. Texas · Dec 2, 2020

“insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”7 Thus qualified immunity “alters the usual summary … Therefore, Chief Brown is entitled to qualified immunity from these alleged but unsupported constitutional violations.

Jurgens v. Equal Employment Opportunity Commission

660 F. Supp. 1097 · District Court, N.D. Texas · Jan 15, 1987

Congress intended to permit interlocutory fee awards to a party “who has established his entitlement to some relief on the merits.” Id. at 757 , 100 S.Ct at 1989 . … ’s immunity from suit, and from costs including reasonable attorney’s fees ...”.

Cochran v. Odell

334 F. Supp. 555 · District Court, N.D. Texas · Nov 30, 1971

Plaintiff is a school teacher certified by the State of Texas as a qualified classroom instructor in the public school system of the State of Texas. … Plaintiff has failed to establish by credible evidence that defendants have deprived her of any rights, privileges or immunities secured by the Constitution and laws of the United States.

DC v. Dallas Independent School District

District Court, N.D. Texas · Jan 14, 2020

ANALYSIS “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly estabPliesharesdo ns … Miles contends the summary judgment evidence establishes he is entitled to qualified immunity under both prongs of the defense.