Case law

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

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.

Nelda Nuncio v. Luis Lozano

District Court, S.D. Texas · Sep 28, 2021

Qualified Immunity Standard “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly … in light of clearly established law at the time of the violation.

Solis v. City Of Baytown

District Court, S.D. Texas · Apr 21, 2021

Now, the officers have moved for summary judgment based on qualified immunity. … Qualified Immunity “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

Lewis v. City of Houston

District Court, S.D. Texas · Feb 27, 2023

Thomas, 843 F.3d 172, 177 (Sth Cir. 2016)) (“Once a defendant asserts the qualified immunity defense, ‘[t]he plaintiff bears the burden of negating qualified immunity.’”). … A plaintiff seeking to overcome qualified immunity at the pleading stage must allege: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of

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.”

Rodriguez v. Putnam

District Court, S.D. Texas · May 14, 2024

“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 (5th Cir. 2023) (quoting Mace v. … unreasonable in light of clearly established law.

Christopher v. Lawson

358 F. Supp. 3d 600 · District Court, S.D. Texas · Jan 3, 2019

The defendants have invoked qualified immunity. (Docket Entry No. 48 at 17). Because the complaint does not state a claim, "an analysis of ... qualified immunity is unnecessary." Goodman v. … Harris Cty. , 571 F.3d 388 , 396 (5th Cir. 2009) ("Qualified immunity is only applicable as a protective shield once a plaintiff has made out a claim against an official acting in his individual capacity."). IV.

Armstrong v. Whitten

41 F.2d 241 · District Court, S.D. Texas · May 9, 1930

That this immunity or tolerance which his cattle have acquired is a property right which cannot be taken from him, as the statute proposes to do, without compensation. … , since the evidence is overwhelming that, if a skillful and qualified ranch owner will dip and handle his own cattle, he can do so with comparatively small cost and practically no substantial injury, if it is found that

Ramirez v. Varughese

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

The doctrine of qualified immunity affords protection against individual liability for civil damages to officials as long as “their conduct does not violate clearly established statutory or constitutional rights of which … At this stage of the proceedings, the defendants have not established that they are protected from Ramirez’s claims by qualified immunity. Their motion to dismiss on this basis is denied. IV.

Doe v. University of Texas Health Science Center at Houston

District Court, S.D. Texas · Dec 13, 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 … Thus, qualified immunity does not apply to any remaining claims. Therefore, the defendants’ motion to dismiss based on qualified immunity is DENIED. D.

Converse v. Kemah The City Of

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

The qualified-immunity analysis is a two-pronged inquiry: “whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.” … “If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate because the defendant’s actions were ‘objectively reasonable’ in light

Rivera v. Harris County

District Court, S.D. Texas · Jul 9, 2020

established law” to overcome the presumption of qualified immunity. … However, because Diaz has invoked qualified immunity, the court must inquire as to whether the right was “clearly established.”

Contango Operators, Inc. v. United States

9 F. Supp. 3d 735 · District Court, S.D. Texas · Mar 26, 2014

The court concludes that Weeks Marine has failed to establish that it is entitled to assert the United States’ sovereign immunity for two reasons. … Even if Czerwonka is qualified as an expert on deferred production damages, the court finds Barnhill to be more qualified by experience and his methodology to be more reliable.

Davis v. Nuss

432 F. Supp. 44 · District Court, S.D. Texas · Jul 25, 1977

The testimony clearly established that all of the Plaintiffs sought an appointment with Defendant Townsend (the City Manager) but that Townsend was on the phone or otherwise occupied at the time Plaintiffs entered his office … Damages against an official will be awarded “only if [he] . . . has acted with such impermissible motivation or with such disregard of the [plaintiff’s] clearly established constitutional rights that his action cannot reasonably

Chhim v. University of Houston Clear Lake

129 F. Supp. 3d 507 · District Court, S.D. Texas · Sep 9, 2015

Under this framework, Chhim bears the initial burden of establishing a prima facie case of discrimination by showing that “(1) he is a member of a protected class, (2) he was qualified for -the position at issue, (3) he was … Chhim has not alleged facts that establish the elements of' a prima facie discrimination claim. More specifically, Chhim has not alleged that he was qualified for his custodian position with the University.

John Allen, Jr. et al. v. Justin Thomas Hayes

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

“Once an officer pleads qualified immunity, it is the plaintiff’s burden to establish that the officer violated the plaintiff’s clearly established federal rights.” Argueta v. … To overcome qualified immunity, Plaintiffs must also show that the constitutional violation was clearly established at the time of Hayes’s actions. Allen II, 65 F.4th at 748.

Gilliam v. Kuchinski

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

Claims in individual capacities Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established … Defendants establish that they are entitled to qualified immunity.

Hanson v. Texas Department Of Criminal Justice

District Court, S.D. Texas · Nov 7, 2023

“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). … Because either finding would establish the violation of a clearly established constitutional right, Hershiser is not entitled to qualified immunity. IV.

Sheedy v. Thompson

District Court, S.D. Texas · Mar 10, 2025

The doctrine of qualified immunity affords prison officials protection from individual liability for damages as long as “their conduct does not violate clearly established statutory or constitutional rights of which … that clearly established law.