Case law

Opinions from 1658 to today.

Filterstxnd

1,742 results

0.79s

  • Nelson v. University of Texas at Dallas

    491 F. Supp. 2d 672 · District Court, N.D. Texas · Jun 7, 2007

    Daniel in his official capacity pursuant to Rule 12(b)(1) and (6), is contrary to clearly established law, i.e., (according to Nelson) every other court to consider this question for the last hundred years. … Nelson Fails to Establish a Clear Error of Law Nelson argues that the November 1 Order was contrary to clearly established law because reinstatement is prospective relief that remedies a continuing violation of federal law

    Cited 3 timesPublished
  • Positive Software Solutions, Inc. v. New Century Mortgage Corp.

    337 F. Supp. 2d 862 · District Court, N.D. Texas · Sep 28, 2004

    This is similar to the reason that courts in qualified immunity cases first analyze whether there is an allegation of violation of a constitutional right before considering whether the other elements of immunity are established … ; to follow the reverse order would result in the contours of constitutional rights never becoming clearly established.

    Cited 8 timesPublished
  • 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.

    Cited 0 timesUnknown
  • Chalmers v. City of Dallas

    District Court, N.D. Texas · Nov 16, 2022

    Qualified Immunity “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … right and (2) whether the right at issue was “clearly established” at the time of the defendant’s alleged misconduct.

    Cited 0 timesUnknown
  • 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.

    Cited 0 timesUnknown
  • Doe v. University of North Texas Health Science Center

    District Court, N.D. Texas · Aug 14, 2023

    defendant asserts qualified immunity, “the burden is on the plaintiff to demonstrate the inapplicability of the defense.” McClendon v. … While the Court concluded that Plaintiff’s constitutional rights had not been violated, the Court alternatively concluded that Defendants were entitled to qualified immunity as Defendants did not violate clearly established

    Cited 0 timesUnknown
  • Lee Ex Rel. Estate of Lee v. Delta Air Lines, Inc.

    797 F. Supp. 1362 · District Court, N.D. Texas · Jul 21, 1992

    Therefore, the expectations of Delta that the Florida Act will control are clearly justified. … from liability for tort or wrongful death should not enjoy that immunity in a suit brought in other states.

    Cited 2 timesPublished
  • Pennie v. Obama

    255 F. Supp. 3d 648 · District Court, N.D. Texas · Jun 2, 2017

    have failed to overcome President Obama’s absolute and/or qualified immunity and General Holder’s qualified immunity to. the claims asserted against them in Count Three. … As the court has ruled that it lacks subject matter jurisdiction to entertain Count Three of Plaintiffs’ Amended Complaint, it cannot address the Individual Federal Defendants’ absolute and qualified immunity defenses.

    Cited 17 timesPublished
  • Edrich v. Dallas College

    District Court, N.D. Texas · Dec 12, 2023

    As discussed in Price, work experience, and longer tenure with an employer do not establish that an employee is clearly better qualified than another. Price, 283 F.3d at 723; see Nichols v. … Edrich has not met her burden to show she was clearly more qualified than the candidates employed as Senior Director.

    Cited 0 timesUnknown
  • Robert Juan Dartez, LLC v. United States

    824 F. Supp. 2d 743 · District Court, N.D. Texas · Nov 14, 2011

    Decisions as to the manner of enforcing regulations directly affect the feasibility and practicality of the Government’s regulatory program; such decisions require the agency to establish priorities for the accomplishment … Accordingly, the Court holds that the FTCA’s waiver of sovereign immunity does not extend to the Plaintiffs’ claims.

    Cited 2 timesPublished
  • Elmore

    District Court, N.D. Texas · Feb 3, 2026

    ‘Sovereign immunity’ pertains to the State of Texas’s immunity from suit and liability. … clearly requested a specific accommodation that was denied.

    Cited 0 timesUnknown
  • Baker v. Wade

    106 F.R.D. 526 · District Court, N.D. Texas · Jul 1, 1985

    This is clearly demonstrated among gay men, but cases also occur among heterosexual contacts of IV drug users who do not use drugs themselves. … James Curran of the CDC task force studying acquired immune deficiency.

    Cited 1 timesPublished
  • Breitling v. LNV Corp.

    86 F. Supp. 3d 564 · District Court, N.D. Texas · Jan 27, 2015

    And, “[w]hile pleadings, and consequently removal notices, are to be construed with some liberality, [the Removing] Defendants clearly may not remove on grounds not even obliquely referred to in the Notice of Removal.” … , which is an absolute immunity from both suit and damages.”

    Cited 12 timesPublished
  • Brooks v. Taylor County

    District Court, N.D. Texas · Jul 19, 2021

    “Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.” Cass v. … To overcome the defense of qualified immunity, the plaintiff must “plead facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was Clearly established at the time of the

    Cited 0 timesUnknown
  • State v. United States

    300 F. Supp. 3d 810 · District Court, N.D. Texas · Mar 5, 2018

    The Tenth Amendment reserves to the states a similar tax immunity. … "The rule with respect to state tax immunity is essentially the same" as federal tax immunity. Id. at 523 , 108 S.Ct. 1355 .

    Cited 8 timesPublished
  • Love Terminal Partners v. City of Dallas, Tex.

    527 F. Supp. 2d 538 · District Court, N.D. Texas · Oct 31, 2007

    establish that the activities about which they complain were part of defendants’ efforts to petition Congress concerning the Wright Amendment. … Although courts generally refer to Noerr-Pennington "immunity,” the Fifth Circuit has held that Noerr-Pennington immunity from liability is an affirmative defense because it does not provide defendants complete immunity from

    Cited 8 timesPublished
  • Connor v. Matthews

    134 F. Supp. 2d 797 · District Court, N.D. Texas · Mar 19, 2001

    The Complaint fails to set forth any reason that sovereign immunity should not apply. … Given the variety of barriers to Plaintiffs causes of action, and without even beginning to evaluate qualified immunity issues, the Court finds that Plaintiff has failed to state a claim against Matthews in his individual

    Cited 1 timesPublished
  • Gibson v. Sorrells

    District Court, N.D. Texas · May 24, 2023

    Qualified Immunity. … Officials are entitled to qualified immunity “unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”

    Cited 0 timesUnknown
  • Vess v. City of Dallas

    District Court, N.D. Texas · May 10, 2022

    to determine the qualified immunity issue. … - 2 - qualified immunity.”

    Cited 0 timesUnknown
  • Perryman v. Wilson

    District Court, N.D. Texas · Mar 10, 2020

    established at the time, such that each is entitled to qualified immunity. … Qualified Immunity “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

    Cited 0 timesUnknown

Ask Donna

Ask Donna

A word about cookies

We need a few to keep you signed in and the library working. The rest help us see which pages people use and where they get stuck. They stay off unless you say yes.