Case law
Opinions from 1658 to today.
2,190 results
1.21s
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.
Cited 0 timesUnknownFalcoal, 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.
Cited 5 timesPublished438 F. Supp. 785 · District Court, S.D. Texas · Sep 20, 1977
It is well established that 28 U.S.C. § 1343 does not abrogate the doctrine of judicial immunity. Pierson v. Ray, 386 U.S. 547 , 87 S.Ct. 1213 , 18 L.Ed.2d 288 (1967); Littleton v. Fisher, 530 F.2d 691 (6th Cir. 1975). … Even if it were not for the doctrine of judicial immunity, plaintiff’s complaint here clearly, under the law of this Circuit and of the United States, fails to state a complaint upon which relief may be granted.
Cited 1 timesPublishedWilliams v. American Overseas Marine Corp.
102 F. Supp. 2d 748 · District Court, S.D. Texas · Jul 10, 2000
Clearly, a judgment may be void and therefore subject to relief under Rule 60(b)(4) if the trial court lacks subject matter jurisdiction. See, e.g., 11 Charles Alan Wright, Arthur R. … The United States argues that as a member of the crew of a United States vessel hired through MARAD as an employee of the United States, Plaintiff qualifies a seaman within the meaning of the Clarification Act.
Cited 0 timesPublishedBaldwin 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.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Dec 12, 2023
The first prong of the qualified immunity analysis is governed by current law, while the second prong is governed by the law as it was clearly established at the time of the conduct in question. Petta v. … Clearly Established Law As Plaintiffs’ excessive force claim falls at the first prong of qualified immunity, the Court need not consider the second prong in detail.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Oct 20, 2023
and qualified immunity. … The plaintiff “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.”
Cited 0 timesUnknownBerry v. Houston Health Department
District Court, S.D. Texas · Jul 2, 2024
Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory … their qualified immunity defense.”
Cited 0 timesUnknownDistrict Court, S.D. Texas · May 14, 2025
When determining whether qualified immunity applies, courts consider a two-part test: (1) whether the defendants’ actions violated the plaintiff’s constitutional rights; and (2) whether those rights were clearly established … Compl., Doc. 32, ¶ 121) Under a qualified immunity analysis, Trevino must establish that the Defendants violated his Fourth Amendment constitutional right to be free from excessive force,
Cited 0 timesUnknown607 F. Supp. 11 · District Court, S.D. Texas · Aug 16, 1984
Once an exception to the foreign sovereign immunity has been alleged the burden of establishing immunity to the Court’s jurisdiction is on the foreign state. Arango v. … Clearly, the mere attachment of property of a foreign sovereign is insufficient to bring the sovereign within the jurisdiction of this court. See Behring International, Inc. v.
Cited 3 timesPublishedDistrict Court, S.D. Texas · May 11, 2022
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.” … To avoid dismissal on the basis of qualified immunity, it is Terrell’s burden to point to precedent that under the circumstances and clearly established law, Deputy Cannon’s seizure was unreasonable.
Cited 0 timesUnknownPena, Individually, and As next best friend of A.P. v. Starr County, Texas
District Court, S.D. Texas · Aug 1, 2025
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. … Turning to prong two of the qualified immunity standard, the Court considers whether Alberto’s right to receive medical attention under these circumstances was clearly established.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 25, 2023
in light of clearly established law. … objectively unreasonable in the light of that then clearly established law.”
Cited 0 timesUnknownDistrict Court, S.D. Texas · Jul 18, 2025
They state that once they pled qualified immunity, the burden shifted to Plaintiff to rebut the defense. However, the M&R incorrectly places the burden on Defendants to show that the law is not clearly established. … Defendants again object that the M&R incorrectly places the burden on them to establish that the law in this regard is not clearly established. They argue they are entitled to qualified immunity. D.E. 97, p. 6.
Cited 0 timesUnknownWadkins v. Gulf Coast Centers, Ltd.
77 F. Supp. 2d 794 · District Court, S.D. Texas · Dec 14, 1999
In the end, the law clearly establishes that involuntarily committed patients such as Ms. Wadkins have a constitutional right to live in a safe environment. 2. … Clearly, 410(2) precludes Plaintiff from using evidence of a plea of nolo contendere against Defendant McMillan, but the qualifying language “against the person who made the plea” appears to prevent Defendant Gulf Coast from
Cited 2 timesPublishedDistrict Court, S.D. Texas · Mar 11, 2025
; (3) qualified immunity; and (4) official immunity (with respect to state law claims). … “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
Cited 0 timesUnknownDistrict Court, S.D. Texas · Aug 7, 2020
Claims Against Lerma “Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. … Objective Unreasonableness in Light of Clearly Established Law “For a right to be clearly established under the second step of the qualified immunity analysis, ‘[t]he contours of that right must be sufficiently clear
Cited 0 timesUnknown205 F. Supp. 2d 695 · District Court, S.D. Texas · May 27, 2002
In her Motion to Remand, Plaintiff vehemently argues that Westinghouse cannot successfully establish the military contractor defense. … So long as Westinghouse has established a color-able claim to a federal defense, the second prong of the Mesa test is satisfied.
Cited 8 timesPublished27 F. Supp. 2d 945 · District Court, S.D. Texas · Nov 5, 1998
After considering a motion to dismiss based on qualified immunity, the Court dismissed Shelor as a defendant but denied the motion in all other respects. … Upshaw and Leal filed an interlocutory appeal of the Court’s denial of qualified immunity.
Cited 1 timesPublishedDistrict Court, S.D. Texas · Mar 31, 2025
The Court considers Dechow’s first two arguments and concludes that while Fletcher did exhaust his administrative remedies under the PLRA, Dechow is entitled to qualified immunity under the clearly-established prong. … conduct violated clearly established law.
Cited 0 timesUnknown
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