Case law

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.

Rodriguez v. Board of Trustees of the Laredo Independent School District

143 F. Supp. 2d 727 · District Court, S.D. Texas · Apr 18, 2001

See 82 F.Supp.2d at 683-84 (holding that the claim against LISD fails to state a claim of municipal liability under Monell); id. at 688 (holding that Cruz is entitled to qualified immunity because “he could not ... reasonably … immunity.

Baugh v. Ragnow

District Court, S.D. Texas · Mar 30, 2022

Qualified immunity protects government officials performing discretionary functions from civil liability for damages as long as their conduct does not violate clearly established constitutional rights. … Bd. of Supervisors of Humphreys Cnty., 927 F.3d 898, 903 (5th Cir. 2019), but as already discussed above in the qualified immunity section, the Officers’ actions did not violate clearly established law.

Santibanes v. City of Tomball, Tex.

654 F. Supp. 2d 593 · District Court, S.D. Texas · Sep 4, 2009

On March 31, 2008, the City and Sergeant Williams moved for summary judgment on the plaintiffs claims, premised in part, on Sergeant Williams’ claims of qualified and official immunity. … However, the video clearly shows that his weapon discharged before his patrol vehicle had come to a complete stop.

Rivera v. Harris County

District Court, S.D. Texas · May 18, 2020

The official may assert qualified immunity, which “shields government officials acting within their discretionary authority from liability when their conduct does not violate clearly established statutory or constitutional … Accordingly, she is entitled to qualified immunity. D.

Reyes v. Granados

879 F. Supp. 711 · District Court, S.D. Texas · Mar 21, 1995

Defendants filed the pending motion — the individual defendants claiming qualified immunity on all claims because Reyes failed to state any constitutional violation, and the City of Laredo claiming Reyes has failed to show … were objectively reasonable in light of clearly established law at the time of the action.

Thomas v. Bruss

District Court, S.D. Texas · Aug 15, 2023

Keller, Qualified and Absolute Immunity at Common Law, 73 STAN. L. REV. 1337 (2021); Aaron L. Nielson & Christopher J. Walker, A Qualified Defense of Qualified Immunity, 93 NOTRE DAME L. … that form the basis of contemporary qualified immunity jurisprudence.

United States v. An Article of Drug Consisting of 197 Boxes

520 F. Supp. 467 · District Court, S.D. Texas · May 29, 1981

All facts necessary to disposition of this case have been stipulated to by the parties or are conclusively established by uncontested affidavits. … K.H.3 cannot qualify for protection under the bonding statute since it clearly cannot legally be imported under 21 U.S.C. § 355 (a). United States v. 300 Oz.

Morgan v. Freshour

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

QUALIFIED IMMUNITY The Court also finds that Judge Hampton correctly determined that both Chapman and Kopacz are entitled to qualified immunity. (Dkt. … established.”

Lee v. AT&T Services, Inc.

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

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 Lee’s burden to point to precedent that under the circumstances and clearly established law, Officers Chapman and Matthews’s seizure was unreasonable

Spiller v. Harris County, Texas

District Court, S.D. Texas · Jan 19, 2022

Qualified Immunity. … Lindsay is still entitled to immunity from suit if the right was not clearly established at the time of the violation.

Criswell v. Davis

District Court, S.D. Texas · May 26, 2022

to qualified immunity. … Qualified immunity protects government officials from civil liability in their individual capacities to the extent that their conduct does not violate clearly established statutory or constitutional rights.

Ransom

District Court, S.D. Texas · Dec 12, 2025

Here, Barry contends that he is entitled to qualified immunity because he was a state government employee acting within the scope of his duties without violating any clearly established rights of the plaintiff. … Based on the foregoing, the Court finds that Barry is entitled to both qualified and professional immunity.

Morris v. Tanner

District Court, S.D. Texas · Aug 26, 2022

Qualified Immunity “In determining qualified immunity, courts engage in a two-step analysis. First, they asses whether a statutory or constitutional right would have been violated on the facts alleged. … When analyzing an excessive force claim, the second prong of the qualified immunity analysis “is better understood as two separate inquiries: whether the allegedly violated constitutional rights were clearly established

Jacobson-Boettcher v. Dowdy

District Court, S.D. Texas · Mar 3, 2021

Qualified Immunity The doctrine of qualified immunity protects government officers from civil liability in their individual capacities if their conduct does not … first prong of the qualified immunity analysis turns on whether "a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer possessed

Broyles v. Texas

618 F. Supp. 2d 661 · District Court, S.D. Texas · Mar 31, 2009

Due Process and Privilege and Immunities The plaintiffs’ due process and privileges and immunities challenges to § 7.006 also fail. Due process applies “when a person has a legitimate claim of entitlement to a benefit.” … Its “sole purpose” is to “declare to the several States, that whatever those rights, as you grant or establish them to your own citizens, or as you limit or qualify, or impose restrictions on their exercise, the same, neither

Ibarra v. Houston Independent School District

84 F. Supp. 2d 825 · District Court, S.D. Texas · May 10, 1999

Alternatively, even if there were sufficient evidence to establish a genuine issue of fact that Ibarra's conduct was protected by the First Amendment, both Brown and Paige would still be entitled to qualified immunity on … Additionally, Paige and Brown would be entitled to qualified immunity because a right to social associations of this nature was not clearly established.

Livingston v. State Of Texas

District Court, S.D. Texas · Sep 29, 2022

When a defendant pleads qualified immunity, the plaintiff “must rebut the defense by establishing a genuine fact [dispute] as to whether the official’s allegedly wrongful conduct violated clearly established law.” … Qualified immunity shields public officials from claims for monetary damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Rivera v. City of Pasadena, Texas

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

Once a defendant has asserted qualified immunity, the plaintiff must prove that the defendant “(1) ‘violated a statutory or constitutional right, and (2) that the right was clearly established at the time of the challenged … While it is clearly established that arrestees have a “constitutional right to be free from excessive force during an investigatory stop or arrest,” this does not end the qualified immunity inquiry. Shumpert v.

Silvas v. Lt. Hinajosa

District Court, S.D. Texas · Jun 17, 2021

“Qualified immunity attaches when an official’s conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” White v. Pauly, 137 S. … official’s conduct violated clearly established law.