Case law

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

Braden v. Estelle

428 F. Supp. 595 · District Court, S.D. Texas · Mar 17, 1977

from imposition of costs if they are unsuccessful; and because of *598 their poverty, they are practically immune from later tort actions for ‘malicious prosecution’ or abuse of process. … Werner, 61 F.R.D. 639 (M.D.Pa.1974) (two plaintiffs with $50.00 and $65.00, respectively, do not qualify as paupers).

Raskin v. CyNet, Inc.

131 F. Supp. 2d 906 · District Court, S.D. Texas · Feb 15, 2001

Further, because there was a vesting schedule, *909 receipt of benefits would clearly require some kind of administrative procedure. … CyNet argues that "the plain language of ERISA and Fifth Circuit case law clearly place the CyNet plan within the category of ESOPs covered by ERISA.”

Golatt v. Deer Park Police Department

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

Qualified Immunity . … trigger qualified immunity.”

Clareet v. City Of Houston

District Court, S.D. Texas · Apr 29, 2022

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.

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

Doe v. United States

83 F. Supp. 2d 833 · District Court, S.D. Texas · Feb 10, 2000

When Congress establishes terms and conditions for filing suit against the United States under a waiver of sovereign immunity, “those conditions must be strictly observed, and exceptions thereto are not to be lightly implied … See § 2680(h) (providing exception to waiver of sovereign immunity to “any claim arising out of’ libel and slander); Truman, 26 F.3d at 594 (If plaintiffs claim can fairly be read to arise out of conduct that would establish

Longoria v. Harris

554 F. Supp. 102 · District Court, S.D. Texas · Dec 15, 1982

Herman Keillor established that Plaintiff could run, hop, climb stairs and was in no way restricted in mobility by his artificial leg. … The Jones opinion represents a trend toward the establishment of equal rights to the handicapped citizens of this nation.

Caro v. City of Brownsville

District Court, S.D. Texas · Aug 18, 2025

The Officers also invoke qualified immunity, to the extent that Caro alleges claims against them in their individual capacity. … immunity, as Caro has not alleged facts sufficient to demonstrate that the Officers violated his constitutional rights or did so in a manner clearly established by the law at the time of Caro’s arrest. 4 / 6

Max-George v. Houston Police Department

District Court, S.D. Texas · Oct 28, 2020

Qualified Immunity The Defendant Officers claim entitlement to qualified immunity as to plaintiff’s claims for excessive force and deliberate indifference. … Thus, “qualified immunity represents the norm, and courts should deny a defendant immunity only in rare circumstances.” Angulo v.

Faulkner v. Fulbright

District Court, S.D. Texas · Jul 19, 2022

Officer Baines moves for summary judgment on the basis 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.

Schrum Ex Rel. Kelly v. Land

12 F. Supp. 2d 576 · District Court, S.D. Texas · Nov 21, 1997

This is a question of fact unless the agent’s authority (or lack thereof) is clearly established. See Geders v. Aircraft Engine and Accessory Co., 599 S.W.2d 646, 650 (Tex.Civ.App.—Dallas 1980). 2 ■ 2. … of qualified immunity arising from the “duty to disclose” doctrine and freedom of speech to express opinions.

Johnson v. Rosenberg Police Department

District Court, S.D. Texas · Aug 19, 2019

civil liability to the extent that ‘their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … Absent any known constitutional violation, the individual defendants are entitled to qualified immunity.

Guerra v. Manchester Terminal Corporation

350 F. Supp. 529 · District Court, S.D. Texas · Nov 6, 1972

Clearly, aliens are protected by 42 U.S.C. § 1981 . The recent case of League of Academic Women v. … “Indeed, if § 1 [of the 1866 Act] had been intended to grant nothing more than an immunity from governmental interference, then much of § 2 would have made so [sic] sense at all.

Lopez v. Kempthorne

684 F. Supp. 2d 827 · District Court, S.D. Texas · Jan 14, 2010

Nor does she establish through competent evidence that she was better qualified for the position, and thus fails to show discriminatory treatment. … Co., LLC, 332 F.3d 874, 882 (5th Cir.2003) (a showing that an unsuccessful applicant was “clearly better qualified,” not merely “more qualified,” than the selected applicant satisfies plaintiffs burden to prove that the employer

Price v. United States

707 F. Supp. 1465 · District Court, S.D. Texas · Feb 9, 1989

Immunity. … Clearly, the 1954 treaty does not apply to this archive since it was not taken by the government in 1945, nor under the authority of the United States before October 1954.

Rogillio v. Diamond Shamrock Chemical Co.

446 F. Supp. 423 · District Court, S.D. Texas · Dec 31, 1977

The large number of jobs, people and hiring decisions involved in those cases clearly indicated a statistical disparity. … only, the Court concludes that Plaintiff was the more qualified of the two applicants (See Findings 17 and 18) and therefore that she has established a prima facie case of discrimination.

Converse v. Kemah The City Of

District Court, S.D. Texas · Dec 7, 2021

, entitled to qualified immunity; however, their declarations present one version of the facts needed to determine whether qualified immunity applies in this case. … Although a district court’s discovery order to develop facts in a qualified- immunity case must be “narrowly tailored to uncover only those facts needed to rule on the immunity claim,” Backe v.

Ticor Title Insurance v. Federal Deposit Insurance

757 F. Supp. 797 · District Court, S.D. Texas · Oct 26, 1990

Because the pleadings and the clear language of the assignment establish that the FDIC has not received distributions under circumstances covered by the assignment, the FDIC’s refusal to pay any portion of the insurance proceeds … That section does not, however, expand the FTCA waiver of sovereign immunity which applies to tort claims for money damages. Gregory v. Mitchell, 634 F.2d 199, 204 (5th Cir.1981). See also City National Bank v.

Temkin v. Shoemaker

District Court, S.D. Texas · Aug 14, 2025

Further, if any claims were allowed under Bivens, qualified immunity would shield the federal agents from suit because Defendants did not violate any clearly established right. /d at 9. … Further, Plaintiffs argue the agents are not entitled to qualified immunity. /d. at 11.