Case law

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  • 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.

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  • Ramirez v. Martin

    District Court, N.D. Texas · Dec 22, 2021

    But public officials are shielded from civil liability under § 1983 by the doctrine of qualified immunity “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which … In light of the requirement that clearly established law be particularized to the facts at issue and Plaintiffs failure to identify such law, Defendant is entitled to qualified immunity. See Batyukova v.

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  • 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.

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  • Willis v. Officer Diaz De Leon

    District Court, N.D. Texas · May 19, 2025

    “The doctrine of qualified immunity protects government officials from suit and liability for civil damages under § 1983 insofar as their conduct does not violate clearly established statutory or constitutional rights … right, De Leon would still be entitled to qualified immunity as De Leon’s conduct was not objectively unreasonable in light of clearly established law at the time of the events giving rise to the suit.

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  • Frias v. Hernandez

    District Court, N.D. Texas · Mar 22, 2024

    Plaintiffs respond that Officer Hernandez is not entitled to qualified immunity because he violated clearly established law and he engaged in reckless or intentional conduct. … “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v.

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  • Stein v. Dallas County

    District Court, N.D. Texas · Jun 11, 2024

    “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … entitled to qualified immunity.

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  • Malone v. City of Fort Worth

    297 F. Supp. 3d 645 · District Court, N.D. Texas · Mar 2, 2018

    The Court previously issued an opinion and order resolving all of the individual defendants' motions for summary judgment, which were based on the affirmative defense of qualified immunity. … That detailed chronology was necessary to the resolution of the qualified-immunity motions, but not to resolve the issues addressed here.

    Cited 10 timesPublished
  • Brannan v. City of Mesquite Texas

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

    Qualified Immunity Legal Standard Qualified immunity is a two-step analysis.32 Typically, the Court first asks “whether an official’s conduct violated a statutory or constitutional right of … Dyer, of course, was not clearly established law at the time of Sanders’s death.

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  • Crawford

    District Court, N.D. Texas · May 19, 2026

    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. … Crawford fails to meet his burden to show that qualified immunity does not apply.

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  • McCaslin v. Elmore

    District Court, N.D. Texas · Apr 26, 2024

    The right not to be tased was “clearly established” on December 11, 2021. To satisfy the second QI prong, Plaintiff must demonstrate that the right was “clearly established” at the time of the violation. … “That’s because qualified immunity is more than ‘a mere defense to liability.”” Camp, 54 F.4th at 310 (quoting Pearson y. Calahan, 555 U.S. 223, 237 (2009)). “It’s also an immunity from suit.”

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  • Rusanowsky v. The City of Dallas

    District Court, N.D. Texas · Feb 9, 2023

    And the established procedure under which courts must address qualified immunity, once asserted, therefore “prevents a defendant entitled to immunity from being compelled to bear the costs of discovery and other pre-trial … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

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  • Madden v. Gribbon

    District Court, N.D. Texas · Sep 12, 2022

    Section 1983, however, shields public officials from civil liability under the doctrine of qualified immunity “so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a … 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

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  • Ramos v. Texas Tech University

    441 F. Supp. 1050 · District Court, N.D. Texas · Apr 14, 1977

    These facts clearly reveal that plaintiff was never accepted into the program. … Therefore, it is not necessary that the court make any conclusions with respect to the qualified immunity claimed by the individuals. All costs will be taxed against the plaintiff. A judgment will be entered accordingly.

    Cited 9 timesPublished
  • Hines v. Graham

    320 F. Supp. 2d 511 · District Court, N.D. Texas · Jun 8, 2004

    To succeed on his claims against the Defendants in their official capacities, Plaintiff must show that (1) a county employee “violated his clearly established constitutional rights with subjective deliberate indifference; … This dismissal shall count as a qualifying dismissal under 28 U.S.C. § 1915 and Adepegba v.

    Cited 7 timesPublished
  • Meisel v. USA SHADE AND FABRIC STRUCTURES INC.

    795 F. Supp. 2d 481 · District Court, N.D. Texas · Jun 14, 2011

    The FCRA contains two preemption provisions that are relevant to this case: section 1681h(e), which provides qualified immunity to furnishers of credit information, and section 1681t(b), which outlines more absolute immunity … Second, it seems odd that Congress would provide furnishers absolute immunity for reporting false information after receiving notice of alleged inaccuracies, but provide them only a limited, or qualified, immunity for reporting

    Cited 7 timesPublished
  • Jennings v. Abbott

    District Court, N.D. Texas · Dec 31, 2020

    to qualified immunity. … If a plaintiff does not state a claim that a defendant violated clearly established law, then “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.”

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  • Young v. The City of Irving

    District Court, N.D. Texas · Sep 12, 2024

    “Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … Nor does he even allege that the right at issue was clearly established.

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  • Jennings v. Abbott

    District Court, N.D. Texas · May 11, 2021

    Qualified Immunity Finally, Davidson asserts that, even if the Court has subject matter jurisdiction over plaintiffs’ section 1983 claims against her, she is entitled to qualified … If a plaintiff does not state a claim that a defendant violated clearly established law, then “a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.

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  • Benjamin v. City of Watauga

    841 F. Supp. 2d 1010 · District Court, N.D. Texas · Jan 19, 2012

    Defendants filed an answer, raising qualified immunity as a defense, and also filed a motion to dismiss the state court pleading. … Although Schultea was decided in the context of a qualified immunity claim, to decide whether a constitutional violation by a city employee occurred, the Fifth Circuit first had to decide whether the city charter or an oral

    Cited 1 timesPublished
  • Matthews v. Green

    District Court, N.D. Texas · Jan 19, 2023

    in light of clearly established law at the time of the incident.” … Green is thus entitled to qualified immunity on this claim. 3.

    Cited 0 timesUnknown

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