Case law

Mendez v. Jones

District Court, S.D. Texas · Oct 27, 2021

Qualified Immunity (Objection 3) __. Defendants pleaded qualified immunity. See Dkt. No. 9. … A plaintiff may rebut a defendant’s claim to qualified immunity by showing (1) the defendant violated a clearly established constitutional right and (2) the defendant’s actions were objectively unreasonable

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.

Atkinson v. Pustilnik

District Court, S.D. Texas · Oct 8, 2025

“Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional … “The second prong of the qualified-immunity analysis asks whether the right in question was clearly established at the time of the violation.” Tolan v. Cotton, 572 U.S. 650, 656 (2014) (quotation omitted).

Maritrend, Inc. v. Galveston Wharves

152 F.R.D. 543 · District Court, S.D. Texas · Dec 3, 1993

Marchand have absolute and qualified immunity; 5. Defendants, the Galveston Wharves, and the Board of Trustees of the Galveston Wharves have immunity from Plaintiffs antitrust claims; 6. … Golden State is clearly distinguishable from the case at bar.

Taylor v. County

District Court, S.D. Texas · Sep 22, 2020

Yet it held the defendants were entitled to qualified immunity because the unlawfulness of their conduct wasn’t clearly established at the time of the search. Id at 470. … Examining the requirement of clearly established law in the qualified-immunity analysis, he observed, “This current ‘yes harm, no foul’ imbalance leaves victims violated but not vindicated.

Kallinen v. Newman

District Court, S.D. Texas · Jul 20, 2022

The facts alleged show that Judge Newman is entitled to qualified immunity because there was no clearly established law that made the Facebook campaign page a government-created forum subject to First Amendment protection … “Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.

Thomas

District Court, S.D. Texas · Mar 18, 2026

violate 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.”

Cloud v. United States

126 F. Supp. 2d 1012 · District Court, S.D. Texas · Dec 22, 2000

. § 106 (c) (2000) provides for the abrogation of sovereign immunity independent of the FTCA’s limited waiver of sovereign immunity. … The party asserting jurisdiction bears the burden of establishing it when the Court’s subject matter jurisdiction is challenged. See Boudreau v. United States, 53 F.3d 81, 82 (5th Cir.1995).

Timothy Williams v. Houston Community College, et al.

District Court, S.D. Texas · Apr 28, 2026

When a defendant asserts a qualified immunity defense in a motion to dismiss, the district court must “carefully scrutinize the complaint . . . because qualified immunity means immunity from having to stand trial, not … 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.”

Ochoa v. Marron

District Court, S.D. Texas · Aug 15, 2025

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin v. City of Pasadena, Tex.,74 F.4th 312, 322 (Sth Cir. 2023) (quoting Mace v. … Therefore, the question of whether Marron is entitled to summary judgment based on qualified immunity depends on whether the law was clearly established in April 2022 that a pretrial detainee who was complying with orders

Franklin v. Moore

District Court, S.D. Texas · Mar 31, 2023

Defendants also argue that they are entitled to qualified immunity. (Dkt. No. 12 at 15–16). … “The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” Elder v.

Harkless v. SWEENY IND. SCH. DIST. OF SWEENY, TEXAS

388 F. Supp. 738 · District Court, S.D. Texas · Jan 16, 1975

Reutter is clearly qualified as a theoretician, author and lecturer in the field. Prior to testifying, Dr. … Therefore, the filing of the suit clearly did not deprive plaintiffs of their jobs.

Magness v. Russian Federation

54 F. Supp. 2d 700 · District Court, S.D. Texas · Jun 9, 1999

Plaintiffs met with officials of the Russian Federation in 1994 and established chain of title and ownership interest in the properties in question. 13. … Plaintiff Lee Alexander Magness was qualified as an expert for purposes of damages. 34. The testimony and evidence offered by the plaintiffs at the default judgment hearing was wholly uncontroverted. 35.

Montiel

District Court, S.D. Texas · Feb 3, 2026

Qualified Immunity Qualified immunity is “an entitlement not to stand trial or face the other burdens of litigation.” Mitchell v. Forsyth, 472 U.S. 511, 526 (1985). … “‘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

Guffy v. Brown (In re Brown Medical Center, Inc.)

552 B.R. 165 · District Court, S.D. Texas · Mar 2, 2016

Based on the foregoing, the record on Canales’s Motion to Dismiss establishes that she is entitled to immunity under § 107.009(a), and that there are no factual allegations that would implicate any of the exceptions in § … or not — is immune from suit.

Mendez v. Chang

District Court, S.D. Texas · Feb 4, 2020

&R’s Qualified Immunity analysis. … violate clearly established statutory or constitutional rights of which a reasonable person would have known.”

Mohammed v. Deputy A. Baskins

District Court, S.D. Texas · Sep 17, 2019

The qualified immunity inquiry includes two parts. … The officer is entitled to qualified immunity if there is no violation, or if the conduct did not violate law clearly established at the time. Id.

Melissa Aguero Ramirez v. Pharr San Juan Alamo Independent School District, Alejandro Elias and Carlos Villegas

District Court, S.D. Texas · Mar 30, 2026

Thus, to overcome qualified immunity, Plaintiff must show (1) whether the facts alleged, taken as true, show a constitutional violation; and (2) whether the right was clearly established in light of existing precedent. … Because the Court agrees with Aguero Ramirez that her Complaint alleges that Defendants violated clearly established Supreme Court precedent, the Court holds that she has pled facts that overcomes qualified immunity at

Lacy

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

qualified immunity), cert. denied, 145 S. … Aguilar, 666 F.3d 325, 336 (5th Cir. 2011) (upholding the denial of qualified immunity for a retaliation claim when the retaliation allegations showed conduct falling “within the clearly established elements of retaliation

Grant v. Richardson

District Court, S.D. Texas · Aug 28, 2023

Qualified Immunity Richardson argues that he is qualifiedly immune from Grant’s claims. … “The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” Elder v. Holloway, 510 U.S. 510, 512 (1994).