Case law

Thomas

District Court, S.D. Texas · Dec 2, 2025

“Three limitations on the legal authorities that plaintiffs may use to advance their claims ensure that the governing law is, in fact, ‘clearly established’ before a plaintiff may avoid a qualified-immunity defense: the … , Walton, and White—compel finding qualified immunity here.

Macias v. Watkins

District Court, S.D. Texas · Sep 30, 2023

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. … Third, Macias argues that Officer Watkins is not entitled to qualified immunity because clearly established law put Officer Watkins on notice that her conduct violated Macias’s Fourth Amendment rights.

Broadus

District Court, S.D. Texas · Mar 17, 2026

Even so, to overcome Vela’s claim to qualified immunity, Broadus must show: “(1) that [Vela] violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct … A right is clearly established only if relevant precedent has “placed the statutory or constitutional question beyond debate.” Id. at 741.

Eubanks v. Ms. Bishop

District Court, S.D. Texas · Mar 29, 2024

Ojo and Ho violated a clearly established constitutional right, therefore, Drs. Ojo and Ho are entitled to qualified immunity.” (Docket Entry No. 70.) … 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 areasonable

Soto v. City of Laredo

764 F. Supp. 448 · District Court, S.D. Texas · Mar 26, 1991

Clearly the CSC was acting appropriately within its jurisdiction in dismissing Plaintiff’s appeal. … They also allege that “there is no evidence” to establish negligent or reckless conduct, apparently ignoring their initial burden of establishing entitlement to summary judgment.

Lewis v. Rosenberg Police Department

District Court, S.D. Texas · May 25, 2023

The Officers are not entitled to qualified immunity on this issue because the law is clearly established. … Therefore, any discussion of qualified immunity and clearly established ADA law is irrelevant.

Candee v. Maldonado

District Court, S.D. Texas · Jun 28, 2022

“The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known. … official’s allegedly wrongful conduct violated clearly established law.’”

United States v. Abdallah

629 F. Supp. 2d 699 · District Court, S.D. Texas · Apr 29, 2009

The government further asserts that the Abdallahs never requested witness immunity for Washington and that this court never ruled on a motion to compel immunity for Washington. … The government denied the request to give Smith immunity, and this court denied the defense motion to compel immunity. It is well established that a defendant has no absolute right to have a witness granted immunity.

Guerra v. Roma Independent School District

444 F. Supp. 812 · District Court, S.D. Texas · Apr 29, 1977

Strickland teaches that school board members enjoy a qualified immunity from liability for damages under § 1983 “such that public school officials understand that action taken in the good-faith fulfillment of their responsibilities … The trustees’ failure to rehire these teachers because of their political associations was done in disregard of the teachers’ clearly established constitutional rights and therefore cannot reasonably be characterized as action

Rincon

District Court, S.D. Texas · Nov 13, 2025

Qualified Immunity Qualified immunity shields government officials from § 1983 liability unless their conduct violates a constitutional right that was clearly established … Courts apply a two-step analysis to determine whether qualified immunity applies: (1) whether the plaintiff has alleged a violation of a constitutional right; and (2) whether the right was clearly established such that

Martinez v. Texas Department Of Criminal Justice <font color="red">DO NOT DOCKET. CASE HAS BEEN REMANDED.</font>

District Court, S.D. Texas · Nov 15, 2022

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 … Deliberate indifference goes to the first prong of the qualified- immunity test—whether the nurses violated a clearly established constitutional right. Domino v. Tex. Dep’t of Crim.

Vazquez v. University of Texas Health Science Center at Houston

District Court, S.D. Texas · May 13, 2025

Johnson is entitled to qualified immunity for discretionary acts unless Plaintiff pleads specific facts that, if true, state a claim for violation of clearly established constitutional or statutory law. Mitchell v. … (1985) (explaining that “[u]nless 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

Lenhart v. Thomas

944 F. Supp. 525 · District Court, S.D. Texas · Jan 23, 1996

The only witnesses who can establish whether an improper disclosure was made to the Chronicle are the disclosing grand jurors and the reporter who received the disclosure. … Under the applicable precedent, a First Amendment qualified privilege clearly extends to this ease. In re Selcraig, 705 F.2d at 792 ; Miller, 621 F.2d at 726 ; Campbell v. Klevenhagen, 760 F.Supp. 1206 (S.D.Tex.1991).

Dupré v. Harris County Hospital District

8 F. Supp. 2d 908 · District Court, S.D. Texas · Jun 12, 1998

ADA-Qualified Disability Harris County contends that Dupré has not satisfied her burden with respect to showing that she suffered from an ADA-qualified disability. … Sovereign Immunity Harris County asserts that even if Dupré had established the elements of a claim of intentional infliction of emotional distress, her claim would be barred by the doctrine of sovereign immunity.

Houston Post Co. v. United States

79 F. Supp. 199 · District Court, S.D. Texas · Aug 3, 1948

; “Has the Commission by the complained of opinion established a standard to which all radio licensees must conform under penalty of sanctions, or has it merely stated as its opinion that Section 315 has already established … If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use

Hunter v. City of Houston, Texas

District Court, S.D. Texas · Sep 29, 2021

Singer and Reuther assert a defense of qualified immunity. … 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

Jones v. Escalera

District Court, S.D. Texas · Mar 21, 2024

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin v. City of Pasadena, Tex., 74 F Ath 312, (322 (5th Cir. 2023) (quoting Mace v. … The test for qualified immunity involves two steps: “first we ask whether the officer’s alleged conduct has violated a federal right; . . . second we ask whether the right in question was ‘clearly established

Arthur v. Houston Police Department

District Court, S.D. Texas · Oct 27, 2020

Qualified Immunity Bellahna claims entitlement to qualified immunity. … of clearly established law at the time of the alleged violation.

Konnethu v. Harris County Hospital District

669 F. Supp. 2d 781 · District Court, S.D. Texas · Oct 28, 2009

argues that it has governmental immunity for claims arising under Section 1981. 35 The court addresses the latter argument. … Race/National Origin Discrimination To establish a prima facie case of discrimination, the plaintiff must show that he: 1) is a member of a protected class; 2) was qualified for his position; 3) suffered an adverse employment

Wynn v. Harris County, Texas

District Court, S.D. Texas · Aug 25, 2021

Whether Lau May Assert Qualified Immunity Qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or … Lau attempts to interject the second prong of qualified immunity, whether a constitutional right was clearly established at the time, into a more threshold inquiry.