Case law

K.U. Ex Rel. Michael U. v. Alvin Independent School District

991 F. Supp. 599 · District Court, S.D. Texas · Jan 6, 1998

Qualified immunity protects government officials from liability for conduct in the course of their official duties unless the alleged conduct violated clearly established law of which a reasonable public official would have … As discussed previously, Plaintiff has failed to establish the violation of a clearly established right. Therefore, Tiemann is entitled to qualified immunity in his individual capacity for claims under section 1983.

Deyo ex rel. D.N. v. Tomball Independent School District

144 F. Supp. 3d 905 · District Court, S.D. Texas · Nov 11, 2015

immunity defense, the question before the court is whether the manner in which Hayes conducted this search was objectively unreasonable in light of clearly established precedent at the time of the search. … established” right and, at the very least, the Individual Defendants are entitled to qualified immunity on Plaintiffs Fourth Amendment claim.

Flores v. Edinburg Consolidated Independent School District

554 F. Supp. 974 · District Court, S.D. Texas · Jan 7, 1983

QUALIFIED IMMUNITY DEFENSE Defendant Cantu contends that he, as a state official, is immune from liability for damages under § 1983. … As this Court interprets that defense, the Defendant is held to have lacked good faith when he deliberately engages in conduct that he knew or should have known would violate the Plaintiff’s clearly established constitutional

De La Cruz v. Coastal Bend Regional Court Residential Treatment Center

978 F. Supp. 2d 751 · District Court, S.D. Texas · Oct 21, 2013

Qualified Immunity Defendant Linda Diaz asserts a qualified immunity defense to De La Cruz’s § 1983 claim. … Defendant Diaz is not entitled to the defense of qualified immunity because, if the facts are as De La Cruz alleges, then Diaz’s conduct violated clearly established federal law. III.

Izen v. Catalina

251 F. Supp. 2d 1327 · District Court, S.D. Texas · Sep 18, 2002

Qualified Immunity Determination of qualified immunity requires a two-step inquiry. Saucier v. Katz, 533 U.S. 194 , 121 S.Ct. 2151 , 150 L.Ed.2d 272 (2001). … Thus, Defendants Catalina and Climer are entitled to qualified immunity from Izen’s § 1983 claims. D.

Smith v. Houston Independent School District

229 F. Supp. 3d 571 · District Court, S.D. Texas · Jan 17, 2017

Moreno, 667 F.3d 539, 551 (5th Cir. 2012); and (3) the HISD employees have qualified immunity from suit because “their conduct does not violate clear *580 ly established statutory or constitutional rights of which a reasonable … Tex. 2007) (dismissing RICO claim against individual defendant under qualified immunity) (citing Brown v. Nationsbank Corp., 188 F.3d 579, 588 (5th Cir. 1999)). Mr.

Gonzalez v. City of Laredo

879 F. Supp. 701 · District Court, S.D. Texas · Jan 10, 1995

Defendant Orozco also argues that summary judgment is proper because she is protected by qualified immunity. … In evaluating a claim of qualified immunity, the Court must determine whether the officer’s conduct violated “clearly established” law. In this, case, questions of fact surround Orozco’s conduct during the search.

Durrenberger v. Texas Department of Criminal Justice

757 F. Supp. 2d 640 · District Court, S.D. Texas · Dec 2, 2010

[RA] because of its tacit waiver of immunity by receipt of federal funds,” 25 but nevertheless contends that it is entitled to sovereign immunity from Durrenberger’s RA claims because “Durrenberger has not established [that … Durrenberger is Entitled to Summary Judgment on His RA Claim Durrenberger argues (1) that he is entitled to summary judgment on his RA claim because the undisputed evidence establishes that he is a qualified individual with

Alicog v. Kingdom of Saudi Arabia

860 F. Supp. 379 · District Court, S.D. Texas · Aug 10, 1994

Head-of-State Immunity. … The Saudi officers’ retention of the plaintiffs’ travel papers at the airport qualifies as a discretionary function.

Spiess v. C. Itoh & Co.(America), Inc.

469 F. Supp. 1 · District Court, S.D. Texas · Apr 10, 1979

Accordingly, such nationals and companies shall *4 be permitted within such territories: (a) to establish and maintain branches, agencies, offices, factories, and other establishments appropriate to the conduct of their business … The fact that nationality is determined by a different standard for other purposes cannot alter the clearly stated test of the treaty itself.

Reid v. Aransas County

805 F. Supp. 2d 322 · District Court, S.D. Texas · Apr 6, 2011

Plaintiff has clearly stated that he sought to be rehired on numerous occasions, and has also provided proof that ACSO is actively hiring. (D.E. 30-36; D.E. 30 at 23.) … Defendant next contends that sovereign immunity bars any declaratory judgment. (D.E. 12 at 8.) Aransas County cannot, however, claim sovereign immunity.

Moore v. Harris County Commissioners Court

378 F. Supp. 1006 · District Court, S.D. Texas · Feb 8, 1974

The Fourteenth *1008 Amendment might well be seen as extending protection to an elected and qualified office-holder, but not to a mere aspirant as in Snowden . … This is true, but the new districts were clearly not drawn with any ideal of population equality foremost in mind; the order establishing them itself recites that one contains almost two and one-half times as many people

Celanese Corp. v. Coastal Water Authority

475 F. Supp. 2d 623 · District Court, S.D. Texas · Feb 9, 2007

Here, analysis of the immunity issue using the aids suggested in Wichita Falls yields a contrary result. The SWDA clearly and unambiguously expresses the Legislature’s intent to waive state sovereign immunity. … The Hess decision does not establish a blanket, rule that a financially self-sufficient entity cannot qualify for Eleventh Amendment immunity. *634 Local Autonomy: CWA is governed by a board of seven directors, three of whom

Booth v. Galveston Cnty.

352 F. Supp. 3d 718 · District Court, S.D. Texas · Jan 10, 2019

Immunity Issues The District Attorney contends that three types of immunity-sovereign immunity, prosecutorial immunity, and qualified immunity-protect him from suit. … Qualified Immunity: Last but not least, the District Attorney contends that the doctrine of qualified immunity shields him from claims brought against him in his official capacity.

Whitton v. City of Houston

676 F. Supp. 137 · District Court, S.D. Texas · Nov 9, 1987

Alternatively, if such a duty existed, Defendants contend that Plaintiff’s constitutional rights were not so clearly established at the time of the alleged violation as to overcome Defendants’ qualified immunity. … . § 1983 It is well established that 42 U.S.C. § 1983 does not itself create substantive rights; it merely provides a remedy for federal rights established elsewhere. City of Oklahoma City v.

Brown v. City of Galveston, Tex.

870 F. Supp. 155 · District Court, S.D. Texas · Nov 30, 1994

Having decided the issue on these grounds, the Court does not address Defendants’ assertion that they are entitled to qualified immunity. … official have believed his or her conduct to be lawful in light of clearly established law and information possessed by the official at the time?

Residents Against Flooding v. Reinvestment Zone Number Seventeen

260 F. Supp. 3d 738 · District Court, S.D. Texas · May 9, 2017

Frederick, 551 U.S. 393, 432-33 , 127 S.Ct. 2618 , 168 L.Ed.2d 290 (2007) (It is well established that in the context of § 1983 and federal constitutional claims, a “‘qualified immunity’ defense applies in respect to damages … § 1983 actions, qualified immunity for prison officials and officers, absolute immunity for prosecutors in commencing and presenting the States case, etc.

Smith v. Diamond Offshore Drilling, Inc.

168 F.R.D. 582 · District Court, S.D. Texas · Aug 27, 1996

Thus, the doctrine does not render an attorney’s work product privileged and thus outside the scope of discovery, but instead creates a type of qualified immunity from discovery for materials prepared in anticipation of litigation … Ward, 161 F.R.D. at 40 (as work product, surveillance materials are “entitled to only a qualified immunity since no mental impressions, conclusions, or legal theories of an attorney are implicated.”); Snead, 59 F.R.D. at

Affiliated Capital Corp. v. City of Houston

519 F. Supp. 991 · District Court, S.D. Texas · Jul 7, 1981

on the boundaries Affiliated Capital wouldn’t have had a chance, regardless of how qualified it was. … Any assertion that Gulf Coast would have made regarding the applicability to it of Parker immunity clearly would have been foreclosed by the requirement that a private party must show that anti-competitive activities were

Evans v. PEMEX

390 F. Supp. 2d 587 · District Court, S.D. Texas · May 11, 2005

CONCLUSION Plaintiff has failed to come forward with sufficiently specific allegations — or, consequently, with any evidence — to establish that any exception to Defendants’ claims of sovereign immunity under the FSIA are … The potential conflict is not unlike that attendant to claims that challenge domestic government officials’ qualified immunity from suit.