Case law

T. L. v. New Caney Independent School District

District Court, S.D. Texas · Sep 11, 2024

Morath argues that he cannot be sued in his individual capacity because he is entitled to qualified immunity. (Id.). Mr. … The court need not reach the question of whether Eleventh Amendment immunity or qualified immunity bar T.L.’s claims. Her § 1983 claims fail. II.

League of United Latin American Citizens v. Pasadena Independent School District

662 F. Supp. 443 · District Court, S.D. Texas · Jun 10, 1987

Since the mechanism for qualified undocumented aliens to obtain valid social security numbers has yet to be established, Plaintiffs could not comply with Defendants directive and were discharged. … Clearly, Congress did not intend to force qualified aliens to make the choice between exercising this right and risking termination of their employment.

Johnson v. San Jacinto Junior College

498 F. Supp. 555 · District Court, S.D. Texas · Sep 10, 1980

In order to pierce the veil of immunity, plaintiff must prove as to each defendant, either (1) that he acted “with such disregard of [plaintiffs] clearly established constitutional rights that his action cannot reasonably … Strickland rule, the immunity defense would be unavailing to [defendants] if the constitutional right allegedly infringed by them was clearly established at the time of their challenged conduct, if they knew or should have

Sylvester v. U. S. Postal Service

393 F. Supp. 1334 · District Court, S.D. Texas · Apr 23, 1975

to Title VII that waived the sovereign immunity of federal employers. … It is well established that only one member of a class need exhaust administrative remedies prior to bringing a class action in a federal district court. See Oatis v.

Heath v. Parole

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

Because the Eleventh Amendment protects the states’ sovereign immunity, federal courts lack jurisdiction over suits against a state for money damages unless the state has waived its immunity or Congress has clearly abrogated … that immunity.

Lee v. GEITHNER

825 F. Supp. 2d 852 · District Court, S.D. Texas · Nov 14, 2011

To establish a prima facie case of discrimination based on national origin, a plaintiff must show “that she: (1) is a member of a protected class, (2) was qualified for her position, (3) was subject to an adverse employment … As part of her prima facie case, Lee must establish that she was qualified for her position. See Okoye, 245 F.3d at 512-13 .

Puleo v. Texana MHMR Center

187 F. Supp. 3d 769 · District Court, S.D. Texas · May 9, 2016

In order to establish a prima facie case of discrimination, Puleo must prove that: (1) she is a member of a protected class; (2) she was qualified for the position; (3) she was subject to an adverse employment action; and … Accordingly, to establish a prima facie case of intentional discrimination based on age, Puleo must show that (1) she belongs to a protected class, (2) she was qualified for her job; (3) the defendant made an adverse employment

Tovar v. United States

District Court, S.D. Texas · Jan 23, 2025

Mank had already conducted such an exam (with a proper appointment and attendants and without such force) only one month earlier, such that Plaintiff clearly was not due for another such exam. … Mank qualifies as a law enforcement officer, making his intentional tort actionable against the United States as an exception to the intentional tort exception to the FTCA waiver of sovereign immunity.

Rahdar v. City of Friendswood

District Court, S.D. Texas · Nov 15, 2024

I agree with Defendants that they are entitled to a prompt decision on the qualified immunity issue. See Ramirez v. … Guadarrama, 3 F.4th 129, 133 (5th Cir. 2021) (“Because qualified immunity is an immunity from suit, not merely a defense to liability, . . . a defendant’s entitlement to qualified immunity should be determined

Canada Hockey LLC v. Texas A&M University Athletic Department

District Court, S.D. Texas · Sep 4, 2020

First, both individuals are still entitled to qualified immunity. … The Court has now twice held that these two individuals are entitled to qualified immunity against Plaintiffs’ claims. “Qualified immunity is ‘an immunity from suit rather than a mere defense to liability.’”

Arnold Ex Rel. Arnold v. Blue Cross & Blue Shield of Texas, Inc.

973 F. Supp. 726 · District Court, S.D. Texas · Apr 30, 1997

In order to establish that it acted under the direction of a federal officer, Blue Cross must establish that the federal officer or agent has “ ‘direct and detailed control over the defendant.’” … Smith Barney, 80 F.3d 1080 , 1083 n. 1 & 1086 (5th Cir.1996). 23 .Given the complexity surrounding qualified immunity for individual officers, the Supreme Court concluded that “Congress could rationally decide that individual

Thomas

District Court, S.D. Texas · Aug 14, 2026

Because Defendants have asserted their right to qualified immunity, Plaintiff has the burden to “rebut the defense by establishing that [their] allegedly wrongful conduct violated clearly established law and that genuine … The Court next turns to the second prong of the qualified immunity analysis—whether the actions of Wardens Amonett, Holmes, and Sanchez actions were objectively unreasonable under clearly established law.

Pisharodi v. Valley Baptist Medical Center

393 F. Supp. 2d 561 · District Court, S.D. Texas · Oct 13, 2005

In this case, Plaintiff clearly satisfies elements one and three — he is of Indian ethnicity, which qualifies under national origin discrimination, and he is qualified for his position. … In this case, Plaintiffs assertions, if true, clearly establish that Plaintiff was subjected to offensive behavior.

Collins v. P. O. Castro

District Court, S.D. Texas · Jul 6, 2023

a result, Officer Castro would be entitled to summary judgment under doctrine of qualified immunity. … When a government official moves for summary jadeorent based on qualified immunity, “the burden . . .

United States v. Zamora

408 F. Supp. 2d 295 · District Court, S.D. Texas · Jan 10, 2006

Bay Area has not established that § 81.103 is even applicable in this case. … Earnest, 320 F.3d 1107, 1111-12 (10th Cir.2003) (holding that emergency room did not qualify as a federally assisted drug and alcohol treatment program under the regulations).

McCoy v. Homestead Studio Suites Hotels

390 F. Supp. 2d 577 · District Court, S.D. Texas · May 11, 2005

A plaintiff establishes a prima facie case under § 1982 by proving that he or she: (1) is a member of a racial minority; (2) applied for and was qualified to rent or purchase certain property or housing; (3) was rejected; … laws or of equal privileges and immunities under the laws; and (3) an act committed in furtherance of the conspiracy that injures a person or deprives him of a right or privilege of a citizen of the United States. 24 Plaintiffs

Harper v. Gonzalez

District Court, S.D. Texas · Dec 15, 2022

As for a § 1983 claim, he has not pleaded any facts suggesting that any county official deprived him of federally guaranteed rights, much less facts that might overcome the doctrine of qualified immunity, which … protects conduct which. does not violate clearly established statutory or constitutional rights.”

Clark v. City of Pasadena

District Court, S.D. Texas · Sep 30, 2024

It is “well-established that the OAG, . . . as an arm of the state, is entitled to sovereign immunity pursuant to the Eleventh Amendment.” Aguero v. Texas Att'y Gen., No. 5:15-CV-51, 2015 WL 12710730, at *1 (S.D. Tex. … Clark has not established that the State of Texas consented to be sued by him.

Copelin

District Court, S.D. Texas · Jul 14, 2026

The plaintiff bears the burden to establish that subject-matter jurisdiction exists. Id. at 286. … Nor is it clear whether DFPS qualifies as a public entity that receives federal funds, such that Section 504’s sovereign-immunity waiver applies.

Turner v. Collier

District Court, S.D. Texas · Sep 30, 2022

Regardless, to the extent that they all assert qualified immunity, it doesn’t “protect officials from injunctive relief.” Williams v Ballard, 466 F3d 330, 334 n 7 (5th Cir 2006). … Eleventh Amendment Immunity TDCJ presents only a brief argument that the ADA claim brought by Turner is barred by Eleventh Amendment immunity. Dkt 94 at 17–18.