Case law
Opinions from 1658 to today.
2,190 results
1.10s
608 F. Supp. 2d 811 · District Court, S.D. Texas · Feb 12, 2009
Clemens must therefore establish McNamee’s minimum contacts with Texas for each allegation of defamation. B. … Thus, when the transferee venue is not clearly more convenient than the venue chosen by the plaintiff, the plaintiffs choice should be respected.”
Cited 7 timesPublishedDistrict Court, S.D. Texas · Sep 6, 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. … Orsak’s erroneous attempt to file Richie’s pleading was not unreasonable in light of clearly established law.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 1, 2022
Diaz asserted qualified immunity in each of his thirteen motions for summary judgment. Dkts. 104–16. … Diaz argued in his thirteen motions that the case should be dismissed on qualified immunity grounds, and the plaintiffs argued in their thirteen responses that Diaz’s motions should be denied because clearly established
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 27, 2024
QUALIFIED IMMUNITY County Defendants and the individual City Defendants argue they are entitled to qualified immunity. … To overcome qualified immunity, a 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.” Id.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Jun 10, 2020
Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established … The standard is “substantially the same” as for qualified immunity, but without the requirement of a clearly established right. Id.
Cited 0 timesUnknown29 F. Supp. 3d 896 · District Court, S.D. Texas · Jul 2, 2014
Thus Plaintiffs must establish standing with their own alleged injury. … With these standards in mind, the complaints clearly allege specific facts relevant to the Arlington Heights and S. Rep. 97-417 factors.
Cited 15 timesPublishedRoventini v. Pasadena Independent School District
183 F.R.D. 500 · District Court, S.D. Texas · Nov 19, 1998
On March 27, 1997, Defendants filed a Motion to Dismiss pursuant to Fed.R.Civ.P. 12(b)(6) wherein they asserted, inter alia, that Plaintiffs had failed to (1) plead facts sufficient to establish a constitutional deprivation … , (2) allege that an official policy or custom of the District was responsible for the alleged constitutional deprivation, even if one had been pled, and (3) allege facts sufficient to overcome qualified immunity enjoyed
Cited 1 timesPublishedDistrict Court, S.D. Texas · Mar 14, 2024
QUALIFIED IMMUNITY County Defendants and the individual City Defendants argue they are entitled to qualified immunity. … To overcome qualified immunity, a 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.” Id.
Cited 0 timesUnknownCrittendon v. Texas Department of Health and Human Services
District Court, S.D. Texas · Nov 12, 2019
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 … To the extent she alleges claims against the Department’s employees in their individual capacities, her amended complaint is barred by qualified immunity.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 9, 2021
Qualified Immunity Public officials acting in the scope of their authority generally are shielded from civil liability by the doctrine of qualified immunity. See Harlow vy. … Therefore, 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
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 21, 2025
Because that fact does not bear on the M&R’s conclusion that Plaintiff has failed to point to clearly established law to overcome Defendants’ assertion of qualified immunity, (D.E. 74, p. 19), the Court OVERRULES … As such, Plaintiff has failed to rebut Defendants’ qualified immunity defense “by establishing that [their] allegedly wrongful conduct violated clearly established law and that genuine issues of material fact
Cited 0 timesUnknownDistrict Court, S.D. Texas · Nov 26, 2024
Qualified Immunity Collier asserts qualified immunity for claims brought against him in his individual capacity. … a violation of a constitutional right”; and second, the court must determine “whether the defendant’s conduct was objectively reasonable in light of clearly established law.”
Cited 0 timesUnknownDistrict Court, S.D. Texas · Jul 28, 2026
Qualified Immunity Defense Ayala also raises the affirmative defense of qualified immunity. “Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” … the right in question was ‘clearly established’ at the time of the alleged violation, such that the officer was on notice of the unlawfulness of his or her conduct.”
Cited 0 timesUnknownLangston v. San Jacinto Junior College
25 F. Supp. 3d 1009 · District Court, S.D. Texas · Jun 12, 2014
Langston asserts that “[t]he circumstances and timing clearly establish that [he] was terminated for having raised concerns about Gurry Air Conditioning and other poor maintenance issues.” (Doc. No. 1-1 ¶ 54.) … Much of the briefing focuses upon whether such claims are barred by sovereign immunity, but the Court does not reach that issue. 5 Even if such claims were not prohibited oh immunity grounds, Plaintiff has not offered any
Cited 2 timesPublishedDistrict Court, S.D. Texas · Mar 13, 2026
Qualified immunity Finally, Defendants raise the affirmative defense of qualified immunity. … The motion by Defendants to dismiss the claims against them based on qualified immunity will be granted. Dkt 30.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 21, 2022
Qualified Immunity The defendants assert entitlement to qualified immunity in their motion for summary judgment. … 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 person
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 27, 2026
Qualified Immunity Plaintiff contends that Defendants are not entitled to immunity. D.E. 51, p. 5, citing Fusilier v. … immunity.
Cited 0 timesUnknown71 F. Supp. 2d 702 · District Court, S.D. Texas · Oct 21, 1999
If these allegations are ultimately proven true, they might suffice to establish municipal liability. … As previously discussed, the burden of establishing a municipal “custom or practice” is a very heavy one.
Cited 3 timesPublishedDorsid Trading Company v. S/S FLETERO
342 F. Supp. 1 · District Court, S.D. Texas · Apr 11, 1972
Rex Cooper, both qualified as experts in this cause, is convincing proof that neither (1) turning 115 pipes from a total of over 9,000, nor (2) turning the entire contents of one rail ear would result in actual damages to … Accordingly, the remaining question must be: does the bill of lading in this case clearly include the stevedore as such a beneficiary ?
Cited 10 timesPublishedDistrict Court, S.D. Texas · Aug 2, 2022
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 and … reasonable in light of clearly established law.
Cited 0 timesUnknown
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