Case law

Jackson v. Texas Southern University

997 F. Supp. 2d 613 · District Court, S.D. Texas · Feb 3, 2014

“The ‘clearly established’ standard does not mean that official’s conduct is protected by qualified immunity unless ‘the very action in question has previously been held unlawful.’ ” Kinney v. … The officer is “entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established at the time of his or her actions,” even if the conduct violated the

Pineda v. City of Houston

124 F. Supp. 2d 1037 · District Court, S.D. Texas · Jul 29, 1999

The Doctrine of Qualified Immunity Public officials, sued in their individual capacities under § 1983 are shielded from suit by the doctrine of qualified immunity unless their conduct violated clearly established statutory … “Qualified immunity protects a police officer from liability if a reasonable competent law enforcement officer would not have known that his actions violated clearly established law.” Harper v.

Williams v. Heard

533 F. Supp. 1153 · District Court, S.D. Texas · Mar 8, 1982

With respect to the second prong, the reasonableness requirement, the court stated that qualified immunity defense is not available where the constitutional right infringed by defendants was clearly established at the time … Applying this to the facts of the case, the Fifth Circuit held that the lower court’s finding of qualified immunity was clearly erroneous because the defendant’s actions were not reasonable.

Flores v. City of Palacios

270 F. Supp. 2d 865 · District Court, S.D. Texas · May 30, 2003

The Court first determines whether the plaintiff has alleged a violation of a clearly established constitutional right. If not, the defendant is entitled to qualified immunity. … Because Flores has alleged violations of clearly established law, the Court moves to the next step in the qualified immunity analysis: judging the reasonableness of the alleged behavior. See Hayter, 154 F.3d at 274 .

Marshall v. Russell

391 F. Supp. 3d 672 · District Court, S.D. Texas · Sep 20, 2018

Russell alleged he is entitled to qualified immunity because he did not violate any clearly established constitutional right. ECF No. 55 at 32-34. Sgt. … Qualified immunity.

Ruiz v. Texas Department of Protective & Regulatory Services

984 F. Supp. 2d 657 · District Court, S.D. Texas · Oct 28, 2013

However, as detailed below, that right is insufficient to sustain this action when juxtaposed against the qualified immunity “clearly established law” requirement. … immunity, based on a claim that the right to family integrity was not clearly established, will fail.

Alton v. Hopgood

994 F. Supp. 827 · District Court, S.D. Texas · Feb 18, 1998

Although the Fifth Circuit has clearly established a two-step inquiry for qualified immunity, confusion abounds in the case law and in the briefs submitted to this Court. … Although holding that qualified immunity shielded the defendant's from liability, at least one Court has held on similar facts that such rights are clearly established. See Nesmith Through Nesmith v.

Osborne v. Harris County

97 F. Supp. 3d 911 · District Court, S.D. Texas · Mar 31, 2015

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … A Clearly Established Right The remaining qualified immunity issue is whether the deputies had fair notice that their actions violated a clearly established right.

Cudd v. Aldrich

982 F. Supp. 463 · District Court, S.D. Texas · Nov 7, 1997

The next inquiry for qualified immunity purposes is whether Cudd’s First Amendment right to be free from political patronage dismissal was clearly established at the time of the alleged violation. … Second, and more importantly, the inquiry into qualified immunity is an objective one: the Court must determine what a reasonable public official would have understood as clearly established law.

Maxwell v. Henry

815 F. Supp. 213 · District Court, S.D. Texas · Jan 19, 1993

Nuchia has filed a motion to dismiss based on qualified immunity. … In cases where a Defendant asserts qualified immunity as a defense, plaintiffs are held to a higher standard and must plead with particularity all facts establishing a right to recovery, including those which negate the qualified

Garza v. Escobar

386 F. Supp. 3d 794 · District Court, S.D. Texas · Apr 30, 2019

to qualified immunity if Plaintiff had stated a claim. b. … Texas , 65 F.3d 467 (5th Cir. 1995) (finding qualified immunity appropriate because it was not clearly established whether the political patronage exception applied to investigators in district attorney's offices or sufficiently

Riggs v. City of Pearland

177 F.R.D. 395 · District Court, S.D. Texas · Dec 17, 1997

The Fifth Circuit has also developed a two-step process for the examination of a claim of qualified immunity. The first inquiry is whether Plaintiff has alleged a violation of a clearly established constitutional right. … Again, the defense of qualified immunity is a bar to denial of medical care claims unless Plaintiffs demonstrate that Defendants’ conduct was objectively unreasonable in light of clearly established law existing at that time

Rodriguez v. Laredo Independent School District

82 F. Supp. 2d 679 · District Court, S.D. Texas · Feb 2, 2000

Superintendent Cruz CV Qualified Immunity .In Harlow v. … ’s actions did not violate ... clearly established First Amendment rights.”).

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

BARLOW EX REL. MONCEBAIZ v. Owens

400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

Kesler v. King

29 F. Supp. 2d 356 · District Court, S.D. Texas · Dec 7, 1998

With respect to Defendant Wagner’s claim of qualified immunity, the Court has already concluded that Plaintiffs have alleged violations of two clearly established constitutional rights. See Siegert v. … to show that qualified immunity does not bar recovery.

Smith v. College of the Mainland

63 F. Supp. 3d 712 · District Court, S.D. Texas · Oct 30, 2014

“The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … In other words, for purposes of qualified immunity, the illegality of First Amendment retaliation is clearly established when the officials “do not have any relevant, legitimate interests to put on their side of the Pickering

Garcia v. Webb County District Attorney

764 F. Supp. 457 · District Court, S.D. Texas · Apr 12, 1991

Thus absolute immunity is not a protection to Defendant Garcia in his role as an employer; at best, Defendant Garcia has only qualified immunity for his alleged misbehavior in the instant case. Qualified Immunity. … Defendant Garcia has not established entitlement to qualified immunity on Plaintiff’s First Amendment claim, and he does not have absolute immunity.

Bessman v. Powell

991 F. Supp. 830 · District Court, S.D. Texas · Jan 20, 1998

established law for purposes of qualified immunity inquiries. … The Court notes that qualified immunity also acts to bar Plaintiffs Due Process claims because, as alleged, Plaintiffs Due Process claims are not clearly established.

Salazar-Limon v. City of Houston

97 F. Supp. 3d 898 · District Court, S.D. Texas · Mar 31, 2015

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … Thompson’s use of deadly force did not violate Salazar’s clearly established constitutional rights.