Case law

Penaflor v. Willis

District Court, S.D. Texas · Sep 10, 2024

After an official has asserted the defense of qualified immunity, the burden is on the plaintiff to “rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly established law … Because the defendants have invoked the defense of qualified immunity, the court must also determine whether the defendants’ conduct was objectively reasonable in light of clearly established law.

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.

Jones v. Escalera

District Court, S.D. Texas · Sep 24, 2024

“Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin v. City of Pasadena, Tex., 74 F.4th 3 12, 322 (Sth 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’ at the

Mitsui & Co.(USA) v. Toko Kaiun Kabushiki Kaisha

342 F. Supp. 14 · District Court, S.D. Texas · Apr 11, 1972

Texports vigorously argues in further support of its position, that since it as a stevedore qualifies as a carrier under Clause 24, it should obtain the benefits accruing to such a carrier under Clause 19. … Third, if, indeed, any unresolved ambiguity does exist after a proper construction is made of Clauses 19 and 24, with full awareness of the legal import of the definitions of COGSA, parol evidence is clearly available to

Dunn v. Doctor Cassillas, M.D.

District Court, S.D. Texas · Jan 8, 2021

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly … Because Dunn does not allege facts that overcome qualified immunity, his complaint against Dr.

Marketing Assistance Plan, Inc. v. Associated Milk Producers, Inc.

338 F. Supp. 1019 · District Court, S.D. Texas · Feb 24, 1972

The defendant’s second argument that it is immunized from the Sherman Act because it had qualified under a federal milk order is also rejected. … Private action to establish a monopoly position through economic coercion, although taken within the framework of governmental regulation, is subject to antitrust restraints.

McClelland v. Katy Independent School District

District Court, S.D. Texas · Nov 1, 2021

A defendant is entitled to qualified immunity if his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … On this record, the officers plainly did not violate any clearly established law.”); Morgan v.

United States v. Crawford Enterprises, Inc.

643 F. Supp. 370 · District Court, S.D. Texas · Sep 3, 1986

Canadian Overseas is clearly distinguishable from this case and cannot be interpreted to preclude the waiver of foreign sovereign immunity by the filing of a response to a Motion for an Order to Show Cause. 5. … The findings of fact clearly establish contemptuous behavior. (Having found the necessary elements for contempt, it would be a peculiar set of circumstances not to find Pemex in civil contempt as well.)

Williams v. Harris County

District Court, S.D. Texas · Feb 5, 2024

Williams has failed to show that the deputies violated clearly established law. … But for the purposes of qualified immunity, “clearly established law” cannot be defined “at a high level of generality.” See Kisela v. Hughes, 138 S.

Prather v. City of Conroe

District Court, S.D. Texas · Feb 28, 2024

Qualified Immunity When a defendant invokes qualified immunity, the plaintiff bears the burden to negate the defense. See Hanks v. … a violation of the Fourth Amendment, and additionally “whether the defendant’s conduct was objectively reasonable in light of clearly established law.”

Jackson v. Harris County, Texas

District Court, S.D. Texas · Feb 26, 2020

The deputies’ actions were not clearly unreasonable in these circumstances. The deputies are entitled to qualified immunity on the plaintiffs’ excessive force claims. □ 2. … She has not overcome her summary judgment burden to defeat qualified immunity. The deputies are entitled to qualified immunity on the plaintiffs’ unlawful seizure, arrest, or detention claims. 3.

White v. Calvert

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

does not 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

Daniels v. Stovall

660 F. Supp. 301 · District Court, S.D. Texas · May 13, 1987

There is a well-established policy that federal courts should abstain from exercising jurisdiction in domestic relations cases. … SANCTIONS Fed.R.Civ.P. 11 clearly states that the pleadings of a party must be well grounded in fact and warranted by existing law or a good faith argument for legal development.

Hicks

District Court, S.D. Texas · Jul 13, 2026

He also contends that qualified immunity pertains. Id at 16–20. … 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

Houston Balloons & Promotions, LLC v. City of Houston

589 F. Supp. 2d 834 · District Court, S.D. Texas · Dec 9, 2008

Defendant also asserted the affirmative defenses of failure to state a claim on which relief can be granted, official immunity, qualified immunity, immunity under Texas law, sovereign immunity, governmental immunity, and … legislative immunity.

Macias v. Dewitt County Texas

District Court, S.D. Texas · Mar 18, 2024

Clearly Established Law. Fourth, Defendant Carabajal also objects to the denial of qualified immunity. D.E 37, p. 4. … She argues that it is not clearly established that her conduct with respect to mental health screening was clearly unreasonable in light of existing law.

Ryan v. Ramsey

936 F. Supp. 417 · District Court, S.D. Texas · Aug 1, 1996

Ryan (“Ryan”), a resident of Houston, Texas, has Acquired Immune Deficiency Syndrome (“AIDS”). … The defendants claim that Ryan’s omission of this information meant that the application form was not complete, and they were, therefore, entitled to reject Ryan’s application because he did not establish that he was qualified

Gartrell v. Gaylor

866 F. Supp. 325 · District Court, S.D. Texas · Sep 26, 1994

immunity on all of plaintiffs claims. … (Plaintiffs Affidavit) Assuming arguendo that plaintiffs allegation of neglect by Collins is sufficient to overcome Collins’ presumptive entitlement to qualified immunity, it fails on its merits.

Reyna v. Garza

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

A government official is entitled to qualified immunity to the extent his “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. at 818. … To overcome the defense of qualified immunity, a plaintiff must establish (1) a violation of a constitutionally protected right; and (2) the unlawfulness of the conduct was “clearly established at the time of the alleged

Rodriguez v. Christus Spohn Health System Corp.

874 F. Supp. 2d 635 · District Court, S.D. Texas · Jun 13, 2012

The United States Court of Appeals for the Fifth Circuit vacated Judge Jack’s ruling and found that CHRISTUS, as a hospital district management contractor, did qualify for limited governmental immunity under the Texas Tort … CHRISTUS further acknowledges that it qualifies as a “governmental unit” for purposes of Tex. Civ.