Case law

Nash v. Gondek

District Court, S.D. Texas · Mar 3, 2020

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. … Qualified Immunity To negate qualified immunity, Nash must show the defendant violated his constitutional rights, and that the right was clearly established at the time of the

DeRouen v. Aransas County Detention Center

District Court, S.D. Texas · Aug 30, 2024

The doctrine of qualified immunity protects government officials “sued in their individual capacities ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … Officer Cox is therefore entitled to qualified immunity because there is no violation of any clearly established constitutional right. H. Conclusion and recommendation.

Dickerson v. Victoria County Sheriff's Office

District Court, S.D. Texas · Mar 12, 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’

Salinas v. Ramos

District Court, S.D. Texas · Mar 6, 2023

Qualified immunity protects officers if their alleged act did not violate a clearly established constitutional right. Sanchez, 139 F.3d at 466. … The right at issue was clearly established at the time of Plaintiff’s confinement. Therefore, Sergeant Ramos and Mr. Macias are not entitled to qualified immunity at this time. Their motion to dismiss (Dkt.

Herridge v. Montgomery County, Texas

District Court, S.D. Texas · Apr 20, 2021

“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 … Nevertheless, the Court acknowledges that, even if Williams did violate Herridge’s First Amendment rights, he would still be entitled to qualified immunity because “the right at issue” was not “clearly established at the

Davis v. Zambrano

District Court, S.D. Texas · Feb 11, 2021

Moreover, the Magistrate Judge concluded that Gentry was entitled to qualified immunity regarding the cell search and November 26, 2016 riot. Dkt No. 77. … established right.

Ussery v. Flores

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

Qualified Immunity In determining if an officer is entitled to qualified immunity, a court must engage in a two step inquiry. Tolan, 572 U.S. at 655-56. … Under the totality of these circumstances, defendants’ use of force was not objectively unreasonable or clearly excessive, and they are entitled to qualified immunity.

Gonzales v. Chief Sinton Police Department/Officers

District Court, S.D. Texas · Sep 27, 2024

Qualified immunity. … clearly established as to the specific facts of the case.”

Hicks v. Collier

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

immunity motion as to Sergeant Flores, Officer Balderas, and Officer Garner, without prejudice; and e Grant the Rule 12(b)(6) and qualified immunity motion as to Sergeant Alaniz and … Accordingly, the Court: e DENIES the Rule 12(b)(6) motion, (D-E. 46), as to Sergeant Flores, Officer Balderas, and Officer Garner; e DENIES the qualified immunity motion, (D.E. 46), as to

Amador Gonzalez v. Harris County

District Court, S.D. Texas · Jan 4, 2022

Qualified Immunity. … To defeat qualified immunity, Gonzalez must have adequately pleaded facts of: (a) a violation of a clearly established constitutional right; and (b) the officers’ actions were objectively unreasonable considering the clearly

Esmeralda v. Partin

864 F. Supp. 626 · District Court, S.D. Texas · Jul 7, 1994

Public officials are immune under § 1983 for alleged constitutional torts “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Based on the above the Court finds that Defendant is immune and Plaintiffs’ claims must be DISMISSED. Accordingly, it is ORDERED that Defendant’s motion to dismiss pursuant to Rule 12(b)(6), Fed. R.Civ.P.

Price v. Federal Express Corp.

127 F. Supp. 2d 801 · District Court, S.D. Texas · Jan 12, 2001

The “Clearly Better Qualified” Standard If a plaintiff can demonstrate that he is clearly better qualified, yet nevertheless was passed up for a position, a reasonable fact-finder may conclude that discrimination motivated … The overwhelming evidence demonstrates that Plaintiff was not clearly better qualified, and that in fact Paone may have been clearly better qualified.

Wartsila N. Am., Inc. v. Int'l Ctr. for Dispute Resolution

387 F. Supp. 3d 715 · District Court, S.D. Texas · Aug 14, 2018

"The arbitrator's 'quasi-judicial' immunity arises from his resemblance to a judge. The scope of his immunity should be no broader than this resemblance." E.C. Ernst, Inc. v. Manhattan Constr. … Id. • The Equipment Supply Contract is clearly between ARPA as the "Buyer" and Wartsila NA as the "Seller." Id.

Starkey v. Collier

District Court, S.D. Texas · Jan 16, 2024

QUALIFIED IMMUNITY The Defendants argue that they are entitled to qualified immunity. (Dkt. No. 58 at 8–9). … “The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” Elder v.

Prosper v. Fredrickson

District Court, S.D. Texas · Mar 8, 2023

The qualified immunity defense to such claims shields government officials who perform discretionary functions from suit and liability under section 1983, unless their conduct violates clearly established statutory or … In the absence of precedent establishing that handcuffing Isaac, under these circumstances, violates clearly established law, the deputies are entitled to qualified immunity. Pollard v.

Hockaday v. Texas Department of Criminal Justice, Pardons & Paroles Division

914 F. Supp. 1439 · District Court, S.D. Texas · Jan 31, 1996

TDCJ asserts that it is immune from liability for gross negligence. … While this may qualify as harm, the magnitude of the harm is not sufficiently serious to satisfy the “extreme risk” component required for a finding of gross negligence.

Langley v. Ruling, Jr.

District Court, S.D. Texas · Mar 21, 2022

— Qualified Immunity. … To defeat qualified immunity, Langley must show that: (a) the law was clearly established at the time; and (b) all reasonable officers in Rulong’s position would have known that his conduct was unreasonable To

Doe v. The University of Texas M.D. Anderson Cancer Center

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

The burden is on the defendant to establish all elements of the defense, and it “is somewhat less likely to be resolved at the summary judgment stage than is the federal [qualified immunity] test.” … The Individual Defendants are entitled to qualified immunity.

Young v. Bryan Collier

District Court, S.D. Texas · Feb 27, 2025

The Court will consider the qualified immunity defense only as to those claims. “Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin v. … objectively unreasonable in light of clearly established law.

Rivera v. Harris County

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

They thus request the opportunity to conduct discovery on the qualified immunity question. Id. … in light of clearly established law at the time of the violation.”