Case law

Megatel Homes LLC v. City of Mansfield, Texas

District Court, N.D. Texas · Aug 6, 2025

The City’s assertion that the Sherman Act claims should be dismissed because it is entitled to state-action immunity is more than an affirmative defense. Like qualified immunity, where it’s available, see Stramaski v. … And, like qualified immunity, Parker immunity is not jurisdictional. See, e.g., Teladoc v. Tex. Med. Bd., 1-15-CV-343 RP, 2015 WL 8773509, at *6 (W.D. Tex.

O'Neil v. Texas Deparment of Criminal Justice

804 F. Supp. 2d 532 · District Court, N.D. Texas · Apr 7, 2011

A defense of qualified immunity “alters the usual summary judgment burden of proof ... … Deliberate indifference to an inmate’s serious medical needs violates a clearly established right under the Eighth Amendment. Estelle v.

Rheuark v. Shaw

477 F. Supp. 897 · District Court, N.D. Texas · Aug 31, 1979

, and claims of qualified immunity for court reporters. … Qualified Immunity I have previously held that Dallas County has not established its qualified immunity defense and therefore it is liable for attorneys fees under 42 U.S.C. § 1988 .

Hearn v. Internal Revenue Agents

623 F. Supp. 263 · District Court, N.D. Texas · Oct 15, 1985

In response to Defendants’ assertion of qualified immunity, and in conformity with Elliott v. … Qualified immunity attaches unless the Defendants’ “conduct violated clearly established constitutional rights of which a reasonable person should have known.” Harlow v.

Estate of Henson v. Wichita County, Tex.

652 F. Supp. 2d 730 · District Court, N.D. Texas · Aug 4, 2009

The doctrine of qualified immunity protects government officials sued pursuant to § 1983 “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … In order to overcome the defense of qualified immunity, Plaintiffs must prove Dr. Bolin violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Gibson v.

Henrise v. Horvath

174 F. Supp. 2d 493 · District Court, N.D. Texas · Apr 30, 2001

Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue. … To preclude qualified immunity, it is not necessary for a plaintiff to establish that “the [specific] action in question has previously been held unlawful.” Anderson v.

Thomas v. Murray

107 F. Supp. 2d 748 · District Court, N.D. Texas · May 31, 2000

Murray contends that he is entitled to qualified immunity because his actions did not violate clearly established federal law. … clearly established in June 1996.

Tinsley v. Pittari

952 F. Supp. 384 · District Court, N.D. Texas · Oct 1, 1996

Qualified immunity protects government officials performing discretionary functions from personal liability as long as their conduct does not violate clearly established constitutional or federal statutory rights. … To the extent the claim is so construed, defendants’ previously-established entitlement to qualified immunity is applicable. The outcome is the same under a Fourteenth Amendment analysis.

Classroom Teachers of Dallas v. Dallas Independent School District

164 F. Supp. 2d 839 · District Court, N.D. Texas · Apr 6, 2001

immunity because Plaintiffs allege no affirmative *846 conduct on the part of either; and 4) Me-drano is entitled to qualified immunity because his actions did not violate a clearly established constitutional right. … Consequently, a defendant in that situation might not have violated a clearly established constitutional right and qualified immunity might still be available. 10 .

Thompson v. City of Arlington, Tex.

838 F. Supp. 1137 · District Court, N.D. Texas · Nov 17, 1993

Qualified immunity insulates government officials from civil damages liability when the officials’ actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … In analyzing whether the individual defendants are entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant

Livingston v. Desoto Independent School District

391 F. Supp. 2d 463 · District Court, N.D. Texas · May 12, 2005

Qualified Immunity The threshold question the court must answer with regard to the claims against Goad and Galloway is whether they are entitled to qualified immunity. See Mangieri v. … And, it is well-established that an individual officer’s qualified immunity does not protect a municipality.” Id.

Strain v. Kaufman County District Attorney's Office

23 F. Supp. 2d 685 · District Court, N.D. Texas · Feb 23, 1998

Qualified Immunity and the State Defendants Qualified immunity shields government officials performing discretionary functions from personal civil liability “insofar as their conduct does not violate clearly established statutory … Again, the Fifth Circuit held that the state actors were entitled to qualified immunity finding there was no clearly established right to family integrity. Id. at 1173 .

Petrie v. City of Grapevine

904 F. Supp. 2d 569 · District Court, N.D. Texas · Oct 21, 2012

Qualified Immunity Salame also raises the affirmative defense of qualified immunity. … Sept. 21, 2011) (denying qualified immunity and finding law clearly established where Fifth Circuit had never ruled that speech similar to that uttered by plaintiff was not protected).

Cox v. City of Ft. Worth, Tex.

762 F. Supp. 2d 926 · District Court, N.D. Texas · Dec 30, 2010

Qualified immunity insulates a government official from civil damages liability when the official’s actions do not “violate clearly established statutory or constitutional rights of which a reasonable person would have known … In analyzing whether an individual defendant is entitled to qualified immunity, the court considers whether plaintiff has alleged any violation of a clearly established right, and, if so, whether the individual defendant’

Riggs v. City of Fort Worth

229 F. Supp. 2d 572 · District Court, N.D. Texas · Feb 1, 2002

ORDER GRANTING DEFENDANT’S MOTION FOR SUMMARY JUDGMENT AS TO QUALIFIED IMMUNITY MEANS, District Judge. … Mendoza is entitled to qualified immunity. 16 Accordingly, for the reasons stated above, the Court concludes that defendant Mendoza’s motion for summary judgment as to qualified immunity is GRANTED.

Dyer v. Fyall

322 F. Supp. 3d 725 · District Court, N.D. Texas · Jun 6, 2018

But police officers have qualified immunity, which shields them from liability unless they violate clearly established law. Harlow v. Fitzgerald , 457 U.S. 800 , 818, 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982) ; Toney v. … The officers in this case have qualified immunity, which means the Dyers can hold them liable for violations of only clearly established rights.

Salazar v. Unknown Police Dog Handler (K-9)

District Court, N.D. Texas · Sep 19, 2024

After the issue of qualified immunity is resolved, an additional ' Defendants have each appeared in this case and asserted the affirmative defense of qualified immunity. See Dkt. Nos, 72, 75, 78, 94. … .”); see also Backe, 691 F.3d at 648 (explaining that “this court has established a careful procedure under which a district court may defer its qualified immunity ruling if further factual development is necessary to

Herrin v. Treon

459 F. Supp. 2d 525 · District Court, N.D. Texas · Oct 10, 2006

Qualified Immunity The doctrine of qualified immunity shields government employees who are performing discretionary functions “from liability for civil damages insofar as their conduct does not violate clearly established … Once a defendant has properly invoked the defense of qualified immunity, the plaintiff bears the burden of establishing that the defendant-official is not entitled to qualified immunity before the case can proceed any further

Estate of Henson v. Wichita County

988 F. Supp. 2d 726 · District Court, N.D. Texas · Dec 27, 2013

These defendants filed separate motions for summary judgment on grounds of qualified immunity. … Bolin is therefore entitled to qualified immunity, and Plaintiffs’ claims against him must be dismissed.

Sullivan v. Dallas County Sheriff's Department

District Court, N.D. Texas · Oct 7, 2024

“The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.” … , on his own, to defeat qualified immunity’s clearly established prong.