Case law

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.)

Marketic v. U.S. Bank National Assoc.

436 F. Supp. 2d 842 · District Court, N.D. Texas · Jun 15, 2006

Bank’s lien qualifies as land that is designated for agricultural use and is therefore immune from foreclosure. Accordingly, the Court denies Defendant’s motion for summary judgment on this issue. … In response, Plaintiff argues that § 392.404 of the Texas Finance Code states that a violation of the TDCA also establishes a violation of the DTPA.

Nafrawi v. Hendrick Medical Center

676 F. Supp. 770 · District Court, N.D. Texas · Dec 22, 1987

Defendants answered and filed a counterclaim seeking declarations that (1) they are immune from liability under the Texas Free Enterprise and Antitrust Act; (2) even if they are not so immune, they did not violate that Act … Establishing a violation of the act, then, requires the same elements as are required to establish the comparable violation of the Sherman Antitrust Act, 15 U.S.C. § 1 .

Salamah v. UT Southwestern Health Systems

District Court, N.D. Texas · Oct 29, 2024

A UT Southwestern is entitled to Eleventh Amendment sovereign immunity from Salamah’s § 1983 claim “because UT Southwestern qualifies for such immunity and Eleventh Amendment immunity … To establish a claim under either statute in the context of a student excluded from an educational program, a plaintiff must prove that: (1) she has a disability; (2) she is otherwise qualified

Castella v. Long

701 F. Supp. 578 · District Court, N.D. Texas · Apr 29, 1988

The right of an individual citizen to sue for damages for alleged constitutional deprivations by a government official was established by the Supreme Court in Bivens v. … Both parties agree that the Court does not have subject matter jurisdiction over this claim absent a statute or other provision which clearly waives AAFES’s defense of sovereign immunity. 4 Plaintiff contends that the Administrative

Escobar v. Almanza

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

First, Defendants object that “Plaintiff failed to establish personal involvement of each defendant and cannot overcome their qualified immunity.” ECF No. 42 at 1. … Finally, Defendants object that they “should be entitled to qualified immunity.” ECF No. 42 at 6. That may be true.

Mims v. Dallas County

230 F.R.D. 479 · District Court, N.D. Texas · Jul 29, 2005

immunity provided by this subdivision.” … The County still must establish that the “primary motivating purpose” behind the creation of the report was to aid in the lawsuit.

Wagner v. FedEx Freight, Inc.

315 F. Supp. 3d 916 · District Court, N.D. Texas · May 11, 2018

DuPont de Nemours & Co. accords with its conclusion that § 408.001(b) preserves rather than establishes a cause of action. … As Plaintiffs admit, their pleading could have been worded more clearly.

Badillo v. Dallas County Community Action Committee, Inc.

394 F. Supp. 694 · District Court, N.D. Texas · Jun 6, 1975

Medrano made many claims of fact that he hoped would support the conclusion that he was more qualified or equally as qualified as Mr. Conley. … Although the Fifth Circuit has most recently said that statistical evidence alone is enough to establish a prima facie case, the Rodriguez case, supra, clearly differs from the instant one in that there, the Fifth Circuit

McKinney v. Johnson County Texas

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

PLAINTIFFS PLED SUFFICIENT FACTS AGAINST INDIVIDUAL DEFENDANTS TO OVERCOME QUALIFIED IMMUNITY “Qualified immunity is a defense available to public officials performing discretionary … “Because qualified immunity is designed to shield from civil liability ‘all but the plainly incompetent or those who knowingly violate the law,’” denial of qualified immunity is appropriate only in rare circumstances.

National Western Life Insurance v. United States

512 F. Supp. 454 · District Court, N.D. Texas · Aug 29, 1980

The statute must establish criteria for withholding or refer to particular matters to be withheld. … The information sought here is clearly not contemplated by Section 552(b)(4).

Alexander v. Southern Health Partners Inc

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

Courts determine whether an official is entitled to qualified immunity based on a two- step inquiry: (1) “whether the officer’s alleged conduct has violated a federal right,” and (2) “whether the right in question was clearly … Without more, the Court will not opine on the merits of any qualified-immunity argument until seeing Alexander’s best complaint and better motion to dismiss briefing on qualified immunity.

Melton v. Hunt County

District Court, N.D. Texas · Oct 8, 2019

Additionally, the Fifth Circuit found that Melton failed to show that Phillips violated any clearly established law. Id. … City of Dallas, 826 F.3d 280, 283 n.2 (5th Cir. 2016) (stating that Heller’s holding can only apply when qualified immunity is not presented to the jury).

Peterson v. Richardson

370 F. Supp. 1259 · District Court, N.D. Texas · Oct 29, 1973

Defendants McSteen, Adams, Gruninger and Chancellor are clearly immune from any liability under the doctrine of official immunity announced in Barr v. Matteo, 360 U.S. 564 , 79 S.Ct. 1335 , 3 L.Ed.2d 1434 (1959). … Regulations established pursuant to these statutes provide that; “In the performance of their contractual undertakings, the carriers act on behalf of the Secretary, carrying on for him the administrative responsibilities

Vinning v. Astrue

668 F. Supp. 2d 916 · District Court, N.D. Texas · Oct 29, 2009

“If the statute speaks clearly to the precise question at issue, [the court] must give effect to the unambiguously expressed intent of Congress.” Reeves v. … explaining that "Commissioner does not oppose awards of attorney's fees under the EAJA in any of the four consolidated cases and, thereby, has conceded that all evidentiary proof to support entitlement to an award has been established

Commercial Mortgage Insurance v. Citizens National Bank

526 F. Supp. 510 · District Court, N.D. Texas · Nov 10, 1981

Congressional intent is clearly to ensure that retirement benefits are actually available to a plan beneficiary and his/her dependents. … That the relevant sections of Title I and II were drawn in identical fashion, therefore, seems clearly designed to ensure uniform results in their interpretation.

Bullock v. The University of Texas at Arlington

District Court, N.D. Texas · Dec 10, 2021

To establish the prima facie case, she alleges that she is a “qualified individual” under the ADA because she suffers from “severe major depressive disorder” and PTSD. Id. ¶ 11. … Accordingly, the Court concludes that Bullock pled sufficient facts to establish that she is a “qualified individual” under the ADA.

Guevara v. United State of America

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

immunity. … overcome the defense of qualified immunity.’”

Nuss v. City of Seven Points, Texas

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

question.”10 A right is clearly established when precedent places “the statutory or constitutional question beyond debate.”11 The plaintiff bears the burden of proving that the defense of qualified immunity does not apply … And if she satisfies the 14th Amendment standard, Nuss must also overcome the qualified-immunity defense by showing that “the defendant’s actions were objectively unreasonable in light of clearly established law at the