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 timesUnknown
  • Nickols v. Morris

    705 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 timesPublished
  • Wright v. Reynolds

    703 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 timesPublished
  • Morris v. Dallas County

    960 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 timesPublished
  • Reyes 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 timesPublished
  • Tiemeyer v. Zaika

    947 F. Supp. 1012 · District Court, N.D. Texas · Apr 23, 1996

    established. … Child welfare investigators enjoy only qualified immunity. Id.

    Cited 0 timesPublished
  • Pickett 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 timesUnknown
  • Taylor 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 timesPublished
  • Spectrum WT v. Wendler

    District 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 timesUnknown
  • Jones v. City of Burkburnett

    173 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 timesPublished
  • Hazelton 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 timesPublished
  • Lueck v. Wathen

    262 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 timesPublished
  • Thomas v. State

    294 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 timesPublished
  • AHF 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 timesPublished
  • Roe v. Johnson County

    District 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 timesUnknown
  • Henrise v. Horvath

    94 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 timesPublished
  • Starks v. Bowles

    682 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 timesPublished
  • Bills v. Williams

    District 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 timesUnknown
  • Williams v. Thomas

    511 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 timesPublished
  • Scott v. City of Dallas

    876 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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