Case law

Luna v. Veronica LNU

District Court, S.D. Texas · Sep 24, 2023

Arguing further that Luna fails to demonstrate a violation of clearly established law, the individual Defendants assert that they are entitled to qualified immunity from his claims. (Id. at 12). … was ‘clearly established at the time.’ ” Rich v.

Cooper Industries, Inc. v. Compagnoni

162 F. Supp. 2d 702 · District Court, S.D. Texas · Aug 29, 2001

ERISA directs plan administrators to “establish reasonable procedures to determine the qualified status of domestic relations orders[.]” 29 U.S.C. § 1056 (d)(3)(G)(ii). … The court did not reach the merits of the case but dismissed it for lack of subject matter jurisdiction, finding that the United States was protected by sovereign immunity. Compagnoni v.

Coates v. Brazoria County Texas

894 F. Supp. 2d 966 · District Court, S.D. Texas · Sep 10, 2012

United States, 543 U.S. 209, 216 , 125 S.Ct. 687 , 160 L.Ed.2d 611 (2005) (noting that Congress’s inclusion of a statutory element in 22 criminal statutes, but not the one under consideration, “clearly demonstrat[es] that … Although the Fifth Circuit in Flores applied factors usually used in the context of determining Eleventh Amendment immunity, its inquiry was not whether the Cameron County Juvenile Board enjoyed state sovereign immunity or

Aleman v. Edcouch Elsa Independent School District

982 F. Supp. 2d 729 · District Court, S.D. Texas · Nov 7, 2013

In the alternative, the ISD Defendants ask for dismissal under Rule 12(b)(1) on the basis of Defendants’ sovereign and/or statutory immunity from suit. Id. … immunity.

Stroman Realty, Inc. v. Antt

20 F. Supp. 2d 1050 · District Court, S.D. Texas · Aug 28, 1998

This court plainly has jurisdiction over these defendants; it is part of a government that is clearly and directly related to the two states and their governments. … Gibbons, The Eleventh Amendment and State Sovereign Immunity: A Reinterpretation, 83 Colum. L.Rev. 1889, 1896-98 (1983)).

Emtel, Inc. v. Lipidlabs, Inc.

583 F. Supp. 2d 811 · District Court, S.D. Texas · Sep 30, 2008

Another physician immunity bill was introduced on September 24, 1996. … Emtel asserts that a physician’s telephone company or landlord is clearly not a “related health care entity,” despite the fact that the physician has “contracts with them and [is] using their services or property in his medical

McKey v. Occidental Chemical Corp.

956 F. Supp. 1313 · District Court, S.D. Texas · Feb 28, 1997

To establish a prima facie case of employment discrimination under the ADA, the Plaintiff must show that he: (1) was “disabled” as that term is defined by the ADA, (2) is qualified, ■with or without accommodation, for the … Accordingly, the Plaintiff must establish that his alleged alcoholism qualifies as a disability that substantially limits one or more of his major life activities. 42 U.S.C. § 12102 (2).

Willie v. Harris County

180 F. Supp. 560 · District Court, S.D. Texas · Feb 9, 1960

Where a deprivation of rights has been clearly established, other cases have not required exhaustion of state administrative remedies where no state administrative agency exists with jurisdiction or authority to determine … By this procedure the facts constituting a deprivation of rights were clearly established through the cooperation of all parties in the process of local government.

Reiss v. Texas A&M University

District Court, S.D. Texas · Aug 9, 2023

Thus, while section 504 establishes a ‘sole cause’ test for causation, the ADA instead establishes a ‘motivating factor’ test. Id. (quoting Pinkerton v. … As established above, Reiss was not dismissed from the DVM program by reason of her disability.

Taylor v. U.S. Internal Revenue Service

192 F.R.D. 223 · District Court, S.D. Texas · Jul 27, 1999

One who complies with the IRS’s notice is immunized from liability to a delinquent taxpayer for delivering that taxpayer’s property to the IRS. … V-99-040, the Court expressly held that “[t]o the extent that Plaintiff seeks relief other than a declaratory judgment, he has not stat *226 ed a claim upon which relief can be granted since the United States clearly has

Scott v. Dr. Hughes

District Court, S.D. Texas · Aug 20, 2024

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 a reasonable … that clearly established law.

Harris v. United States

340 F. Supp. 2d 764 · District Court, S.D. Texas · Aug 24, 2004

Officer Carabeth Luckey, Group Manager Barabara Howze, “Chief collection Division” Joseph Macalu-so, Acting District Director Don Williams, and Field Branch Chief Penny Son) under color of federal law violated the Harrises clearly … The burden of establishing subject matter jurisdiction is on the party seeking to invoke it. Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001).

Chen

District Court, S.D. Texas · Apr 6, 2026

“The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” Perez v. Region 20 Educ. … “UTMB concedes that [Chen] has established the first two elements of her failure-to-accommodate claim.” Dkt. 13 at 6–7.

McCardell v. United States Department of Housing & Urban Development

38 F. Supp. 3d 843 · District Court, S.D. Texas · Aug 5, 2014

The Supreme Court has explained that “the use of such a ‘notwithstanding’ clause clearly signals the drafter’s intention that the provisions of the ‘notwithstanding’ section override conflicting provisions of any other section … immunity.

Meza v. Monte Alto Independent School District

District Court, S.D. Texas · Dec 13, 2023

Defendant Cobarrubias’ Qualified Immunity While the Court need not address qualified immunity since no constitutional violation has been established, the Court briefly addresses it. … “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

Williams v. J.B. Hunt Transport, Inc.

132 F. Supp. 3d 858 · District Court, S.D. Texas · Sep 22, 2015

The plaintiff must first establish a prima facie case of discrimination: the plaintiff must show that (1) he was discharged; (2) he was qualified for the position; (3) he was within a protected class (at least forty years … Although his own opinion of whether he is qualified for work is irrelevant, equitably he should not be allowed to claim he was physically qualified when he clearly and unambiguously stated otherwise when it suited his purposes

City of College Station, Tx v. City of Bryan, Tx

932 F. Supp. 877 · District Court, S.D. Texas · Jan 10, 1996

In order to obtain this exemption from the antitrust laws, a municipality must establish that it acts pursuant to a “clearly articulated and affirmatively expressed” state policy to displace competition with regulation. 8 … Therefore, in order to obtain state action immunity, TMPP would be required to establish not only that there be a clearly articulated state policy, but also that the state of Texas “actively supervises” the anticompetitive

Brooks v. Snow

313 F. Supp. 2d 654 · District Court, S.D. Texas · Feb 13, 2004

The burden of establishing subject matter jurisdiction is on the party seeking to invoke it. Ramming v. United States, 281 F.3d 158, 161 (5th Cir.2001). … All of Plaintiffs who have not paid the accrued interest clearly intend by this action to interfere with IRS activities culminating in collection of the interest said to be owed by Plaintiffs. 4 Such action is proscribed

Golatt v. Deer Park Police Department

District Court, S.D. Texas · Apr 11, 2023

Qualified Immunity . … trigger qualified immunity.”

Bellard v. Frank Aguillera

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

Qualified Immunity oe In the alternative, Tzaquitzal and Castaneda move for summary judgment based on qualified immunity. … “Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin y. City of Pasadena, Tex., F.4th 312, 322 (Sth Cir. 2023) (quoting Mace v.