Case law
Opinions from 1658 to today.
2,190 results
1.59s
703 F. Supp. 2d 639 · District Court, S.D. Texas · Mar 25, 2010
Furthermore, case law from the time clearly states that the exclusivity of the workers’ compensation statute did not extend to all claims regardless of whether they qualified as accidents. *648 Applying the definition, therefore … Defendants’ management was clearly attempting to adjust to this change of affairs. Id. at 68. At 1:51 p.m.
Vacated on other grounds by Ingrid Fisher v. Halliburton, 667 F.3d 602 (2012)Cited 8 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 timesUnknownDistrict Court, S.D. Texas · Sep 7, 2022
Plaintiff further argues that Defendants are not entitled to qualified immunity. Jd. at 5-7. … immunity.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Nov 6, 2019
The doctrine of qualified immunity shields public officials acting within the scope of their authority from claims for monetary damages so long as “their conduct does not violate clearly established statutory or constitutional … A plaintiff seeking to overcome qualified immunity must satisfy a two-prong inquiry by showing: “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established
Cited 0 timesUnknownStrauss v. American Home Products Corp.
208 F. Supp. 2d 711 · District Court, S.D. Texas · Jun 11, 2002
However, while most children enjoy measurable benefit from immunization programs, “a small but significant number of have been gravely injured.” Id. … Allowing them to do so would clearly undermine the stated objectives of the Vaccine Act. 9 .
Cited 15 timesPublishedTCA Building Co. v. Northwestern Resources Co.
861 F. Supp. 1366 · District Court, S.D. Texas · Sep 1, 1994
Under this doctrine, restraints on trade are immune from antitrust liability if they have been clearly articulated and affirmatively expressed as state policy, and if this policy is actively supervised by the state itself … established grounds.
Cited 11 timesPublishedHouston Contractors Ass'n v. Metropolitan Transit Authority
945 F. Supp. 1013 · District Court, S.D. Texas · May 8, 1996
To qualify as a disadvantaged person through whom an enterprise may qualify, the owners and controllers must have suffered social disadvantage beyond mere membership in a socially disadvantaged class. … The contractors association is likely to succeed at the trial in establishing the facts and law that compel suspension of Metro’s DBE program. *1022 6. Bond.
Cited 0 timesPublishedSamuel v. City of Houston, Texas
District Court, S.D. Texas · Sep 29, 2023
Judge Palermo found that Drey’s Motion should be denied because his conduct was clearly unconstitutional and he is not, at least at this stage, entitled to qualified immunity. ECF No. 32 at 24-34. … Qualified Immunity Drey next objects to the R&R’s conclusion that he is not entitled to qualified immunity at this stage.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 5, 2023
under the doctrine of qualified immunity. … “The doctrine of qualified immunity shields officials from civil liability so long as their conduct ‘does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Oct 21, 2025
“Qualified immunity protects officers from suit unless their 20 conduct violates a clearly established right.” Austin v. … When a defendant moves for summary judgment based on qualified immunity, the burden shifts to the plaintiff to demonstrate that the defendant is not entitled to immunity by showing a violation of a clearly established constitutional
Cited 0 timesUnknown191 F. Supp. 2d 860 · District Court, S.D. Texas · Mar 20, 2002
To successfully establish a § 1983 claim of retaliation for the exercise of free speech, Plaintiff must prove that: (1) Defendants were acting under the color of state law; (2) Plaintiffs speech activities were protected … The Court acknowledges that the Individual Defendants assert a qualified immunity defense in response to Plaintiff’s claim for intentional infliction of emotional distress.
Cited 5 timesPublishedJane Doe, on behalf of M.F. v. Harris County Precinct Six Constable Sylvia Trevino
District Court, S.D. Texas · Mar 22, 2023
Analysis of qualified immunity on summary judgment proceeds on two prongs. … If the plaintiff establishes a violation of a federal right, a court must then determine whether the right was “‘clearly established’ at the time of the violation.”
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 14, 2023
QUALIFIED IMMUNITY Finally, the Defendants argue that they are entitled to qualified immunity. … “The doctrine of qualified immunity shields public officials . . . from damages actions unless their conduct was unreasonable in light of clearly established law.” Elder v.
Cited 0 timesUnknownEstate of Hector Salas, Jr. v. Bicette
District Court, S.D. Texas · Dec 21, 2021
Plaintiffs clearly feel that the City of Galena Park and its jail personnel are the primary responsible parties. … Third, Ranger Parker, while probably an excellent.law enforcement officer, has not been qualified to read and interpret medical records □ Plaintiffs have made no effort to show that he is so qualified.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Aug 6, 2024
The District argues that qualified immunity bars these claims. Dkt. 56 at 36–37. The court agrees. … A “plaintiff seeking to defeat 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.”
Cited 0 timesUnknownUnited States v. Matagorda County, Texas
181 F. Supp. 2d 673 · District Court, S.D. Texas · Jan 10, 2002
Section 1983 provides a cause of action against “[e]very person who, under color of any statute ... of any State ... subjects, or causes to be subjected, any citizen ... to the deprivation of any rights, privileges, or immunities … Clearly, § 3766(c) bears no relevance upon this lawsuit.
Cited 1 timesPublishedEqual Employment Opportunity Commission v. Texas Bus Lines
923 F. Supp. 965 · District Court, S.D. Texas · Apr 23, 1996
Moreover, Texas Bus Lines’ argument fails in light of the clearly distinguishable cases it cites in support of its argument. … Clearly, neither the case law nor the applicable regulations include morbid obesity as a disability under the ADA.
Cited 27 timesPublishedDistrict Court, S.D. Texas · Aug 29, 2025
State officials are entitled to qualified immunity unless (1) the evidence demonstrates that the official’s conduct violated a statutory or constitutional right and (2) that right was “clearly established … constitutional standard in light of the information available to him and the clearly established law.’”
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 31, 2023
Qualified Immunity The defendants argue that, as state officials, they are entitled to qualified immunity. … Accordingly, the defendants are entitled to qualified immunity. F.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Oct 29, 2019
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 … In conducting the qualified immunity analysis, the Court considers the allegations against Revelle through the lens of whether “the official’s conduct was objectively reasonable under clearly established law
Cited 0 timesUnknown
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