Case law

Rodriguez v. City Of Laredo

District Court, S.D. Texas · May 7, 2020

“Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right.” Brumfield v. Hollins, 551 F.3d 322, 326 (5th Cir. 2008). … The second prong of the qualified-immunity analysis is whether the Officer Defendants’ actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.

Alcala v. Texas Webb County

620 F. Supp. 2d 795 · District Court, S.D. Texas · Jun 3, 2009

See e.g., Hohman, 6 S.W.3d at 776 . *804 Moreover, when the Texas Legislature has waived immunity regarding other state statutes in the past, it has done so clearly and unambiguously. … (finding that “the law is settled that the TCHRA clearly and unambiguously waives governmental immunity for the governmental entities that are statutorily defined as employers”); Sauls v.

Weaver v. Echevarry

District Court, S.D. Texas · Feb 19, 2020

While regarding qualified immunity the Magistrate Judge clearly states the burden and standard required: “The usual summary judgment burden of proof is altered in the case of a qualified … When a government official has pled the defense of qualified immunity, the burden is on the plaintiff to establish that the official’s conduct violated clearly established law. Id.” Dkt.

Nguyen

District Court, S.D. Texas · Mar 25, 2026

Even if Nguyen establishes that a constitutional right was violated, Brown is entitled to qualified immunity unless Nguyen can show that the constitutional right allegedly violated was clearly established at the time of … A plaintiff seeking to overcome qualified immunity must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

Mendez v. Jones

District Court, S.D. Texas · Sep 22, 2021

Qualified immunity “shield[s] [government agents] 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 … of a clearly established constitutional right.4 Dkt.

Odonnell v. Harris County

227 F. Supp. 3d 706 · District Court, S.D. Texas · Dec 16, 2016

Two cases in this circuit are more instructive than the qualified immunity case law. In Doe v. Angelina County, 733 F.Supp. 245 (E.D. … “However, [an officer] enjoys only qualified immunity for those routine duties not explicitly commanded by a court decree or by the judge’s instructions.” Clay v.

Fletcher v. Ray

District Court, S.D. Texas · Jul 21, 2021

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 … judgment on qualified immunity. On appeal, the Fifth Circuit, in a closely divided en banc opinion, decided the case on the second of the two qualified-immunity inquiries—the “clearly established” prong.

Grice v. Younger

District Court, S.D. Texas · Feb 24, 2022

Qualified Immunity. … Because Grice cannot give a Supreme Court case or a consensus of other cases to show that the law in this context was clearly established, Younger will be protected by qualified immunity. 4.

Zernicek v. Petroleos Mexicanos (Pemex)

614 F. Supp. 407 · District Court, S.D. Texas · Jul 26, 1985

CONCLUSIONS OF LAW Foreign Sovereign Immunity Passed in 1976, the FSIA codified the restrictive theory of sovereign immunity and attempted to provide a uniform statutory procedure for establishing subject matter and personal … Finally, case law clearly establishes that the focus of analysis for determining whether a foreign sovereign has impliedly waived its immunity must be on the acts of the foreign sovereign, not others.

Degollado v. City of Port Lavaca, Texas

District Court, S.D. Texas · Mar 31, 2025

QUALIFIED IMMUNITY Qualified immunity protects government officials from civil liability to the extent that their conduct is objectively reasonable in light of clearly established … That is not enough for the clearly established prong, especially when “a right can become clearly established either through cases that constitute binding authority or on the basis of a consensus of persuasive cases from

Brooks v. Harris County Jail

District Court, S.D. Texas · Jul 16, 2021

clearly established statutory or constitutional rights. … A plaintiff seeking to overcome qualified immunity must show: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.”

McNeal v. City of Katy

District Court, S.D. Texas · Jan 13, 2023

The qualified immunity inquiry has two prongs: (1) whether the officers’ conduct violated a constitutional right; and (2) whether that right was clearly established at the time of the alleged misconduct. Morrow v. … Officers Garcia and Domer are Entitled to Qualified Immunity Under Fifth Circuit authority Officers Garcia and Domer are clearly entitled to the protection of qualified immunity in this case.

Swan

District Court, S.D. Texas · Mar 24, 2026

“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 … Thus, she necessarily fails to establish that Deputy Shields is not entitled to qualified immunity.

Dean v. Gladney

451 F. Supp. 1313 · District Court, S.D. Texas · May 16, 1978

Cowley cannot be established, but it is clearly inferable that Officer Maddox participated fully in the events of culminating in Mrs. Cowley’s arrest and the jury has so found. … The immunity of the governmental entities is also established in Little v. Schafer, 319 F.Supp. 190 (S.D.Tex.1970); Burnett v. City of Houston, 442 S.W.2d 919 (Tex.Civ. App. — Houston, 1969); U. S. v.

Falcoal, Inc. v. Turkiye Komur Isletmeleri Kurumu

660 F. Supp. 1536 · District Court, S.D. Texas · May 27, 1987

Clearly this action is not one “based upon commercial activity carried on [by TKI] in the United States.” … TKI has been established.

Hannibal v. Harris County Constable Precinct One

District Court, S.D. Texas · Feb 14, 2025

Qualified immunity protects government officials from civil liability to the extent that their conduct is objectively reasonable in light of clearly established law. Crostley v. … First, Peña did not hold what Hannibal claims it did: that using a taser on a fleeing and unarmed “non-suspect” violated clearly established law. In fact, Peña did not address qualified immunity at all.

Stramaski v. Texas A&M Engineering Experiment Station

District Court, S.D. Texas · Aug 20, 2020

I next turn to the second prong of the qualified immunity analysis—whether an official’s conduct violated a statutory or constitutional right clearly established at the time of the violation. … “To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right.”

Hickman v. U.G. Lively

897 F. Supp. 955 · District Court, S.D. Texas · Apr 27, 1995

Initially, the moving party bears the burden of establishing that there are no genuine issues of material fact. Little v. Liquid Air Corp., 37 F.3d 1069, 1075 (5th Cir.1994). … The Plaintiffs allegations that the use, misuse or non-use of Metro’s records are clearly not cognizable under the statute after the Fifth Circuit’s decision in Campbell. Id. C.

Baldwin v. Harris County Sheriff Department

District Court, S.D. Texas · Aug 14, 2019

QUALIFIED IMMUNITY Public officials are entitled to qualified immunity from liability for civil damages “insofar as their conduct does not violate clearly established statutory … QUALIFIED IMMUNITY 1.

Alan Ismael Pagan Perez, et al. v. ME ALPHA I, LLC, et al.

District Court, S.D. Texas · May 26, 2026

“Qualified immunity shields law enforcement officials from suit under 42 U.S.C. § 1983 if they could have reasonably believed their actions to be lawful, in light of the law ‘clearly established’ at the time of their actions … In addition, the plaintiffs have not rebutted Fields’s qualified immunity defense by pleading facts that could show that his conduct violated “clearly established” law. (See generally Docket Entry No. 29).