Case law

Lelsz v. Kavanagh

629 F. Supp. 1487 · District Court, N.D. Texas · Mar 4, 1986

The Supreme Court has long been protective of the states’ Eleventh Amendment immunity and has severely limited any exceptions which threaten to impinge on that immunity. … Defendants have not established any of these elements. As previously noted, the Defendants have not alleged any hardship or oppression from the Settlement.

Stewart v. Coughlin

District Court, N.D. Texas · Jan 6, 2023

Once qualified immunity is asserted, the Plaintiff carries the burden to establish facts to show “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at … Fortenberry, 849 F.2d 1550, 1559 (5th Cir. 1988) (“[A] police officer cannot avail himself of a qualified immunity defense if he . . . conceals exculpatory evidence, for such activity violates clearly established constitutional

Lemoine Ex Rel. Estate of Lemoine v. New Horizons Ranch & Center, Inc.

990 F. Supp. 498 · District Court, N.D. Texas · Jan 6, 1998

DISCUSSION Miller contends that Lemoine’s complaint fails to establish subject matter jurisdiction because she did not properly allege a cause of action against him under 42 U.S.C. § 1983 . … McKnight, — U.S.-, 117 S.Ct. 2100, 2108 , 138 L.Ed.2d 540 (1997) (deciding an issue of qualified immunity under 42 U.S.C. § 1983 , but remanding to the district court the threshold issue of whether prison employees can be

United States v. Southwestern Life Insurance

526 F. Supp. 62 · District Court, N.D. Texas · Sep 9, 1981

The trust at issue in the instant case was set up for the purpose of establishing a pension plan for the employees of the professional association of Dr. Anibal Causa, M.D., P.A. … Rubion, 308 S.W.2d 4, 8 (Tex.1957) (a “provision, either express or necessarily implied, which restrains alienation of the beneficiary’s interest or makes such interest immune from claims of creditors compatible with the

Federal Deposit Insurance v. Niblo

821 F. Supp. 441 · District Court, N.D. Texas · May 6, 1993

Sovereign Immunity Plaintiff argues that Defendants’ affirmative defenses are barred by the doctrine of sovereign immunity. … No court has done so, and clearly the scope of D'Oench, Duhme & Co. v.

Taylor v. El Centro College

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

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 … “Even if the government official’s conduct violates a clearly established right, the official is nonetheless - 21 - entitled to qualified immunity if his conduct

Montez Ex Rel. Montez v. Department of Navy

265 F. Supp. 2d 750 · District Court, N.D. Texas · May 30, 2003

The federal government and its agents and employees are generally immune from suit under the doctrine of sovereign immunity. See Davis v. United States, 961 F.2d 53, 56 (5th Cir.1991); Williamson v. … The court finds this evidence insufficient to establish apparent authority. C.

Grizzle v. Texas Department of Criminal Justice

District Court, N.D. Texas · Jun 6, 2023

Additionally, the Court notes that Defendant Bryson McIntire has filed an answer asserting the affirmative defense of qualified immunity. (Dkt. No. 26.) … So, the Court will enter a separate order requiring a motion for summary judgment on qualified immunity from Defendant McIntire.

Atkins v. Aiken

District Court, N.D. Texas · Jul 3, 2025

That is, “‘[f]ederal courts are without jurisdiction over suits against a state, a state agency, or a state official in his official capacity unless that state has waived its sovereign immunity or Congress has clearly abrogated … Although a prosecutor is entitled only to qualified immunity for certain administrative activities, see Van de Camp v.

Poloceno v. Dallas Independent School District

District Court, N.D. Texas · Jun 21, 2019

Once a defendant properly invokes qualified immunity, the plaintiff bears the burden to establish that the official’s conduct violated a clearly established right of which a reasonable person in the official’s position … Because Plaintiff has not established that either Bachand or Dickerson violated a clearly established constitutional right, the Court finds that Bachand and Dickerson are both entitled to qualified immunity.

Welsh v. Correct Care Recovery Solutions

District Court, N.D. Texas · Oct 18, 2022

immunity (ECF No. 173) should be granted. … Immunity is GRANTED and Plaintiffs claims against Defendant Hester in his individual capacity are DISMISSED.

Vess v. City of Dallas

District Court, N.D. Texas · Jun 23, 2022

“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. … But because defining clearly established rights so broadly would “destroy” the balance struck by the qualified immunity doctrine, rights must instead be defined in a “more particularized” sense. Id. at 639-40.

Texas Millinery Co. v. United Hatters, Cap & Millinery Workers International Union

229 F. Supp. 341 · District Court, N.D. Texas · Apr 23, 1964

Plaintiffs alleged that the defendant union had “conspired with the owners to establish, and have established a boycott” in violation of the Sherman Anti-Trust Act. … The legislative history of Sec. 8(e) clearly shows the intent of Congress that certain union-induced agreements resulting in an employer’s boycott of nonunion products should not be made a violation of the anti-trust laws

Trinity Industries, Inc. v. United States

691 F. Supp. 2d 688 · District Court, N.D. Texas · Jan 29, 2010

The Court is aware of case law instructing it to estimate the amount of QRE if it determines that the taxpayer has made some qualified expenditure: “If the taxpayer can establish that qualified expenses occurred, however, … There were clearly some qualified research costs incurred in the design and construction of the Crew Rescue Boat.

Lowry v. Bankers Life & Casualty Retirement Plan

678 F. Supp. 635 · District Court, N.D. Texas · Feb 9, 1988

Lowry contends that his 1099 overwrite commissions income received under his general agent’s contract with Union clearly qualifies as “remuneration,” and is compensation under the Plan and that his retirement benefits should … qualified Plan for common law employees.

Green v. Johnson

46 F. Supp. 2d 614 · District Court, N.D. Texas · May 10, 1999

I am over the age of 21 years and I am qualified to make this statement. I am a practicing attorney licensed by the State Bar of Texas.... … It has been suggested that unless there is a Supreme Court case on point, federal law is not "clearly established.” See Blankenship v. Johnson, 106 F.3d 1202, 1205 (5th Cir.)

White v. The State of Texas

District Court, N.D. Texas · Nov 21, 2023

The Court finds that the Individual Defendants plead and, thus, have properly raised qualified immunity. … Assuming, for argument’s sake, that the Individual Defendants were required to do more to raise qualified immunity, they did so.

Abraham v. Community Hospital of Mesquite, Inc.

19 F. Supp. 2d 660 · District Court, N.D. Texas · Dec 19, 1997

Assuming he was minimally qualified for the position, Defendants argue, the candidate chosen was clearly better qualified than Plaintiff. Defendants support their statement with evidence. … In fact, Plaintiff affirmed at his deposition that he does not consider himself clearly better qualified for the position. (Pl.’s Dep. at 159, 197.)

Woolsey

District Court, N.D. Texas · Jun 26, 2026

Herndon, state law and Qualified Immunity. ECF No. 60; ECF No. 56 at 1; ECF No. 54 at 1. Based on the facts of the case, Plaintiffs argue there is sufficient questions of material fact to deny summary judgment. … Fifth, Defendants claim qualified immunity for their transportation of R.W.W. ECF No. 60 at 18.

Castillo v. Bowles

687 F. Supp. 277 · District Court, N.D. Texas · Apr 8, 1988

Second, Defendants claim that Plaintiff has not made the necessary factual allegations regarding Defendants’ qualified immunity defense. … The Court does not address Defendants' contention that Plaintiff has failed to make the necessary factual allegations regarding Defendants’ qualified immunity defense. 6 .