Case law

Federal Deposit Insurance v. Addison Airport of Texas, Inc.

733 F. Supp. 1121 · District Court, N.D. Texas · Apr 2, 1990

II The United States is immune from claims for attorney’s fees except to the extent it *1123 has waived its immunity. 4 Ruckelshaus v. Sierra Club, 463 U.S. 680, 685 , 103 S.Ct. 3274, 3277 , 77 L.Ed.2d 938 (1983). … This court declines to establish jurisprudential scales that permit specious *1126 legal positions to be counterbalanced by the financial stakes involved.

Dawes v. City of Dallas

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

Lastly, the Magistrate Judge recommends that this Court deny Kimpel’s motion to dismiss the § 1983 claim against himself and his request that the plaintiffs file a reply to his qualified immunity defense [ … In determining whether a violated constitutional right is clearly established for qualified immunity purposes, “[t]he central concept is that of fair warning: The law can be clearly established despite notable factual

Associated Radio Service Co. v. Page Airways, Inc.

414 F. Supp. 1088 · District Court, N.D. Texas · Jun 10, 1976

Thus only Pick-Barth, qualified and narrowed by Whitten , remains as slim but legitimate support for Plaintiffs’ proposition that economic effect need not be pleaded nor proven in this case. … In theory, neither puny power nor munificent motives will justify violation of a per se rule once established and violated. See e.g. United States v.

McKinney v. United States

950 F. Supp. 2d 923 · District Court, N.D. Texas · Jun 12, 2013

Thus, the court declines to conclude that the officials’ decision in this situation actually involved a permissible exercise of discretion, when plaintiffs safety was very clearly at risk, officials knew or should have known … “It is not enough to establish that an activity is not mandated by statute and involves some element of judgment or choice; to *929 obtain dismissal of the suit, the United States must also establish that the decision in

Mercado v. Dallas County

229 F. Supp. 3d 501 · District Court, N.D. Texas · Jan 17, 2017

immunity.” … Mays and Duckett are also distinguishable because they address an arresting officer’s ability to rely on a facially valid court order/warrant in the context of the doctrines of absolute immunity and qualified immunity. .

Brown v. City of Dallas

District Court, N.D. Texas · Dec 31, 2024

“Qualified immunity protects government officials performing discretionary functions from suit and liability for civil damages to the extent their conduct does not violate clearly established statutory or constitutional … “Government officials like [Garcia and Harris] enjoy qualified immunity ‘unless [Brown] pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Rideau v. Keller Independent School District

978 F. Supp. 2d 678 · District Court, N.D. Texas · Mar 5, 2013

The Rideaus later dismissed the individual defendants from the lawsuit to avoid the *681 delays inherent in qualified-immunity analysis. … To establish a claim for disability-discrimination under the ADA or RA, a plaintiff must show that (1) “he is a qualified individual”; (2) “he is being excluded from participation in, or being denied benefits of, services

Brewer v. New York State Department of Correctional Services (In Re Value-Added Communications, Inc.)

224 B.R. 354 · District Court, N.D. Texas · Aug 20, 1998

In addition, the Contract also required that Debtor establish a separate corporate account to be known as the Technology Infrastructure Improvement Fund (“TIIF”) into which the Debtor was required to deposit savings obtained … A bankruptcy court’s findings of fact are subject to the clearly erroneous standard of review. Young, 995 F.2d at 548 ; Allison, 960 F.2d at 483.

Doe v. Dallas Independant School District

District Court, N.D. Texas · Feb 16, 2021

(3) Qualified Immunity Even if Plaintiff's Section 1983 claim against Bayer did not merge, qualified immunity shields “government officials performing discretionary functions” from … And because Plaintiff has not otherwise alleged any “clearly established” right, the Court finds that Bayer would be entitled to the defense of qualified immunity. C.

Police v. Navarro College

District Court, N.D. Texas · May 10, 2023

“clearly established” at the time of the violation. … The second step of the qualified immunity analysis “turns on the ‘objective legal reasonableness’ of the action, assessed in light of the legal rules that were ‘clearly established’ at the time it was taken.”

Bosco v. U.S. Army Corps of Engineers

611 F. Supp. 449 · District Court, N.D. Texas · Apr 9, 1985

While this waiver of sovereign immunity is couched in broad terms, Congress explicitly preserved the immunity of the United States in several areas. … It also includes determinations made by executives or administrators in establishing plans, specifications, or schedules of operations. Where there is room for policy judgment and decision there is discretion”.

Hunter

District Court, N.D. Texas · Mar 13, 2026

“The doctrine of 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 … right; and (2) “whether the right at issue was ‘clearly established’ at the time of [the] defendant's alleged misconduct.”

Bookman v. Shubzda

945 F. Supp. 999 · District Court, N.D. Texas · Nov 21, 1996

They contend they are entitled to summary judgment because Bookman cannot establish that her constitutional rights were violated, and because they are entitled to qualified immunity. … There is no need to inquire further whether dismissal would also be appropriate on the grounds of qualified immunity.

BNSF Ry. Co. v. Equal Emp't Opportunity Comm'n

385 F. Supp. 3d 512 · District Court, N.D. Texas · Nov 27, 2018

s Resp. 15, ECF No. 12 ("EEOC's violation of the statutory restrictions on its conduct, as pleaded, were 'clearly designed to target' BNSF."). … United States , however, that " § 702 ''contains two separate requirements for establishing a waiver of sovereign immunity." 757 F.3d 484 , 489 (5th Cir. 2014) (citing Lujan , 497 U.S. at 882 , 110 S.Ct. 3177 ).

Hodge v. Zimmerman

District Court, N.D. Texas · Apr 25, 2025

and Timothy Hooper filed a Motion for Summary Judgment on February 19, 2025, asserting the affirmative defense of qualified immunity. ECF No. 92. The Magistrate Judge’s FCR concluded that (1) Heck v. … established law, failing to create a fact issue as to Defendants’ entitlement to qualified immunity.

Electronic Data Systems Corp. Iran v. Social Security Organization of the Government of Iran

508 F. Supp. 1350 · District Court, N.D. Texas · Feb 12, 1981

It is well established in the Fifth Circuit that a preliminary injunction is an extraordinary and drastic remedy which should not be granted unless the movant has clearly carried the burden of showing that the requisite four … Moreover, the movant must clearly carry the burden of persuasion before the drastic remedy will be granted. Canal Authority, supra at 573 .

Debra Waller as Personal Representative of the Estate of Rodney Howard v. Terry County, Texas

District Court, N.D. Texas · Aug 18, 2023

Once the qualified- immunity defense is invoked, “‘[t]he plaintiff must rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law and that genuine issues of material … Qualified immunity applies “when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v.

Blank v. United States of America

District Court, N.D. Texas · Sep 3, 2021

Bivens Claims Federal officials are entitled to qualified immunity unless they viclate a statutory or constitutional right that was clearly established at the time of the challenged conduct … Broad general propositions are not enough to overcome qualified immunity. Id. Rather, plaintiff must show that the violative nature of the particular conduct is clearly established.

Normore v. Dallas Independent School District

District Court, N.D. Texas · Dec 8, 2021

“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. … He argues Normore cannot overcome the qualified immunity defense.

Molina v. Wise County Texas

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

“The doctrine of 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 … ’s conduct was objectively unreasonable in light of clearly established law at the time of the violation.”