Case law
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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.
Cited 0 timesUnknown705 F. Supp. 2d 579 · District Court, N.D. Texas · Apr 8, 2010
Qualified immunity protects government officials performing discretionary functions from personal liability as long as their conduct violates no clearly established constitutional or federal statutory rights. 16 To overcome … decide whether the right was clearly established at the time of the defendant’s conduct. 19 In the *588 recent case Pearson v.
Cited 10 timesPublished703 F. Supp. 583 · District Court, N.D. Texas · Aug 18, 1988
Qualified Immunity Defendant Reynolds alleges that has qualified immunity from suit. … If the Defendant presents evidence which supports his claim of qualified immunity, then the Plaintiff has the burden of presenting evidence which contradicts the factual basis for qualified immunity contained in Defendant
Cited 15 timesPublished960 F. Supp. 2d 665 · District Court, N.D. Texas · Jun 18, 2013
When a qualified immunity defense is asserted on summary judgment, the plaintiff must rebut the defense by establishing that the officer’s alleged wrongful conduct violated clearly established law. Michalik v. … Conversely, an official is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent that the conduct, when undertaken, would be a violation of the right at issue.
Cited 3 timesPublishedReyes v. North Texas Tollway Authority
830 F. Supp. 2d 194 · District Court, N.D. Texas · Nov 14, 2011
Qualified Immunity The individual defendants also argue that they are entitled to qualified immunity. … Under the doctrine of qualified immunity, “government officials performing discretionary functions generally are shielded from liability for civil damages *210 insofar as their conduct does not violate clearly established
Cited 6 timesPublished947 F. Supp. 1012 · District Court, N.D. Texas · Apr 23, 1996
established. … Child welfare investigators enjoy only qualified immunity. Id.
Cited 0 timesPublishedPickett v. City of Perryton, Texas
District Court, N.D. Texas · Feb 4, 2020
and qualified immunity. … Villarreal’s Use of Deadly Force Did Not Violate Clearly Established Law Turning to the second prong of the qualified immunity test, however, the Court concludes that Villarreal’s use of deadly force did not violate clearly
Cited 0 timesUnknownTaylor v. Federal Home Loan Bank Board
661 F. Supp. 1333 · District Court, N.D. Texas · Nov 19, 1986
The court concludes that Bowman and Hall are shielded from liability by qualified good faith immunity. … To prevail against a claim of qualified immunity, the plaintiffs must show that defendants’ conduct violated clearly established constitutional rights of which a reasonable person would have known. Id.
Cited 0 timesPublishedDistrict Court, N.D. Texas · Sep 21, 2023
This makes it “all the more obvious that the law in this area is not so clearly established to put [President Wendler] on notice so as to defeat qualified immunity.” … Ig For the foregoing reasons, President Wendler did not violate Plaintiffs’ clearly established rights and is therefore entitled to qualified immunity.?
Cited 0 timesUnknown173 F. Supp. 2d 583 · District Court, N.D. Texas · Apr 23, 2001
However, the facts detailed above could easily lead a jury to conclude that the Defendants violated clearly established constitutional rights and that their conduct was objectively unreasonable in light of the clearly established … Therefore, the Motion to Dismiss on Grounds of Qualified Immunity is DENIED.
Cited 1 timesPublishedHazelton v. City of Grand Prairie, Tex.
8 F. Supp. 2d 570 · District Court, N.D. Texas · Feb 9, 1998
Thus, public officials are immune from civil-rights claims brought against them under 42 U.S.C. § 1983 if “their conduct does not violate clearly established rights of which a reasonable person would have known.” … As discussed in the Court's Opinion below, the key issue for Wynne’s qualified immunity defense is whether he acted reasonably.
Cited 2 timesPublished262 F. Supp. 2d 690 · District Court, N.D. Texas · May 19, 2003
Defendants also move for summary judgment on the grounds of Eleventh Amendment and qualified immunity. … Government officials are immune from suit for discretionary acts performed in good faith while acting within the scope of their authority unless their conduct violates a clearly established constitutional right.
Cited 3 timesPublished294 F. Supp. 3d 576 · District Court, N.D. Texas · Feb 13, 2018
When qualified immunity is invoked, the plaintiff has the burden to show the inapplicability of an asserted qualified immunity defense. Club Retro, L.L.C. v. … Feb. 16, 2016) (denying motion to dismiss on grounds of qualified immunity because the plaintiff was not required to anticipate a qualified immunity defense by providing greater specificity in his initial pleading).
Cited 30 timesPublishedAHF COMMUNITY DEVELOPMENT, LLC v. City of Dallas
633 F. Supp. 2d 287 · District Court, N.D. Texas · Jun 11, 2009
Todd are entitled to qualified immunity. … “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.
Cited 14 timesPublishedDistrict Court, N.D. Texas · Aug 27, 2021
progeny) in his response to the motion for summary judgment on qualified immunity. … Any contentions that Plaintiff may now make as to qualified immunity’s clearly-established prong are legal arguments, not evidence.
Cited 0 timesUnknown94 F. Supp. 2d 765 · District Court, N.D. Texas · Apr 21, 2000
The Individual Defendants have asserted the defense of qualified immunity and contend that Plaintiff has not pleaded his claim with the requisite specificity to defeat their entitlement to qualified immunity. … Defendants in essence seek an order requiring Plaintiff to file a reply to their assertion of qualified immunity.
Cited 2 timesPublished682 F. Supp. 891 · District Court, N.D. Texas · Jan 11, 1988
Whether Plaintiffs’ claim for damages against Defendant is barred by the doctrine of qualified immunity; and, 4. … Plaintiffs’ Claim for Damages Barred by Qualified Immunity A plaintiff must plead specific facts to support a claim against a governmental official who is entitled to the protection of immunity in order to survive a motion
Cited 1 timesPublishedDistrict Court, N.D. Texas · Jul 3, 2025
unreasonable in the light of that then clearly established law.” … “Unless the plaintiff's allegations state a claim of violation of clearly established law, a defendant pleading qualified immunity is entitled to dismissal before the commencement of discovery.” Mitchell v.
Cited 0 timesUnknown511 F. Supp. 535 · District Court, N.D. Texas · Apr 3, 1981
The qualified immunity standard for public officials upon which Bolt relies was enunciated by the Supreme Court in Wood v. Strickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975). … Stickland, 420 U.S. 308 , 95 S.Ct. 992 , 43 L.Ed.2d 214 (1975)] is the existence, at the time of the official’s action, of clearly established judicial decisions that make his action unconstitutional.”
Cited 8 timesPublished876 F. Supp. 852 · District Court, N.D. Texas · Feb 20, 1995
Qualified Immunity The individual Defendants have qualified immunity from liability for money damages if their conduct did not violate clearly-established law of which a reasonable official would have been aware. … Plaintiffs have submitted' only conelusory allegations in support of these claims, and have not plead any facts sufficient to defeat qualified immunity concerning them.
Cited 3 timesPublished
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