Case law

Joubert v. City of Houston

District Court, S.D. Texas · Sep 24, 2024

Further, even if the claims were properly pleaded individual-capacity claims, the Motion to Reconsider makes no effort to address the Court’s finding of qualified immunity. … Plaintiff's Motion to Reconsider does not point the Court to overlooked facts that show he “violated a statutory or constitutional right” that would have been “clearly established.” (Doc. No. 38 at 6).

Birdow v. Chapa

District Court, S.D. Texas · Jan 28, 2022

Kwarteng in their official capacities based on Eleventh Amendment immunity. And she recommended denying Nurse Chapa’s individual capacity defense of qualified immunity without prejudice. … (4) Nurse Chapa’s defense of qualified immunity is DENIED WITHOUT PREJUDICE at this time and the Court RETAINS Birdow’s deliberate indifference claim against Nurse Chapa in his individual

Newman v. Bowers

District Court, S.D. Texas · Jan 12, 2023

The court found that a factual dispute precluded a finding that Reid was entitled to qualified immunity, and it denied Reid’s motion for summary judgment. (Id.) … Dep’t of Corr., 878 F.2d 860, 861 (5th Cir. 1989) (per curiam) (“[TDCJ’s] entitlement to immunity under the [E]leventh [A]mendment is clearly established in this circuit.”) (citation omitted); Oliver v.

Pita Santos v. EVERGREEN ALLIANCE GOLF LTD., LP

650 F. Supp. 2d 604 · District Court, S.D. Texas · Jun 30, 2009

The claims against the TWC were dismissed because it is a state agency immune from suit in federal court under the Eleventh Amendment. (Docket Entry No. 38). … To establish a prima facie case of discrimination based on national origin, plaintiff must prove that he: “(1) was part of a protected class, (2) was qualified for the position held, (3) suffered an adverse employment action

Young

District Court, S.D. Texas · Jul 2, 2026

Qualified Immunity In the alternative, the defendants move for summary judgment based on qualified immunity. … “Qualified immunity protects officers from suit unless their conduct violates a clearly established right.” Austin v. City of Pasadena, Tex., 74 F.4th 312, 322 (Sth Cir. 2023) (quoting Mace v.

Meicler v. Aetna Casualty and Surety Company

372 F. Supp. 509 · District Court, S.D. Texas · Mar 12, 1974

Plaintiffs have clearly alleged certain constitutional deprivations in connection with the automatic assessment of penalty points without notice or a hearing. … This would seem to indicate that Defendants are merely following the Plan since it clearly anticipates this type of assessment.

Hicks v. Ashworth

District Court, S.D. Texas · Jun 26, 2024

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.” … Because his claims fail on that basis, the court need not address the qualified immunity defense. IV.

Taylor v. Houston Lighting and Power Co.

756 F. Supp. 297 · District Court, S.D. Texas · Nov 27, 1990

To establish a prima facie case based on Title VII, Taylor must show that she is a member of a protected class, was qualified to assume another position, was rejected for this position and that it was filled with a non-minority … In fact, Taylor clearly asserts in her deposition that these persons acted as agents in this capacity for HL & P. This claim also is unsupported by evidence and must fail.

Morris v. Trans Union LLC

420 F. Supp. 2d 733 · District Court, S.D. Texas · Feb 23, 2006

Willfulness is an element of proof necessary both to show entitlement to punitive , damages under the FCRA and to overcome statutory qualified immunity from state-law defamation claims. … Defendant argues that the information was accurate, barring any claim for defamation, and that, even if the information was inaccurate, Defendant was entitled to statutory qualified immunity.

Rios v. Indiana Bayer Corp.

965 F. Supp. 919 · District Court, S.D. Texas · Jun 3, 1997

Defendant argues that Plaintiff cannot establish a prima facie ease of discrimination under the TCHRA or ADA, because he cannot establish the first two elements of the claim, that he has a disability and that he was qualified … Plaintiffs medical restrictions clearly prohibited him from working these hours and performing the above-listed functions of the job.

Eckert v. Corpus Christi

District Court, S.D. Texas · Jun 29, 2020

O’Sullivan further seeks alternative relief in the form of an order compelling Eckert to plead more specifically to his qualified immunity defense. D.E. 16. Plaintiff filed a combined response. D.E. 18. … Eckert to plead in reply to his qualified immunity defense, pursuant to Federal Rule of Civil Procedure 7(a)(7).

Duncantell v. City of Houston, Texas

333 F. Supp. 973 · District Court, S.D. Texas · Oct 27, 1971

As the three-judge hearing clearly established, article 13.-53 is merely permissive enabling legislation. … However, they have not presented substantial evidence to clearly establish the limits of the class nor Duncantell’s fair representation of that class pursuant to Fed.R.Civ.P. 23.

Davis v. Valsamis, Inc.

181 F. Supp. 3d 420 · District Court, S.D. Texas · Feb 9, 2016

Id The Court finds that Valsamis is clearly within the class of beneficiaries of Ticket Contract as set forth in clause 1(f). … The plaintiff bears the burden of establishing that transfer is unwarranted. Id at 581.

Newman v. Chevron U.S.A.

979 F. Supp. 1085 · District Court, S.D. Texas · Oct 7, 1997

Newman is able to establish that he has a “disability” as defined by the ADA 3 he cannot establish a prima facie case of discrimination under the ADA because he cannot show that he is a “qualified individual.” … Defendant’s Uniform Discipline Code clearly states that failure to report an accident or mix is grounds for immediate termination.

Brooks v. AAA Cooper Transportation

781 F. Supp. 2d 472 · District Court, S.D. Texas · Mar 18, 2011

“[C]onsent does not immunize defamations that the plaintiff had no reason to anticipate.” Smith, 827 S.W.2d at 440 (discussing Frank B. Hall & Co. v. Buck, 678 S.W.2d 612, 617-18 (Tex.App. … Here, ACT’s statement to CDL falls within this qualified privilege.

Luxemburg v. Texas a & M University System

863 F. Supp. 412 · District Court, S.D. Texas · Sep 19, 1994

First, the plaintiff is required to establish a prima facie case wherein he must establish the elements of the discrimination claim. If the plaintiff meets these requirements, a presumption of discrimination arises. … Thus, because the Court finds that summary judgment in favor of the Defendants is warranted on the grounds stated, it does not rule on the Defendant’s claim that they are entitled to qualified immunity against Plaintiffs

Singleton v. Harris County, Texas

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

immunity. … Deputies Villarreal and Russell raise those same grounds, while also asserting qualified immunity. Dkts 13 & 14. 2.

Houston Welfare Rights Organization, Inc. v. Vowell

391 F. Supp. 223 · District Court, S.D. Texas · Feb 11, 1975

In the present case, defendants have not attempted to eliminate from the standard of need any item, nor has the state lowered the standard by placing more restrictive conditions upon the ability to qualify for such benefits … Thus, the income of the non-recipient man was assumed to be available to support a recipient, an assumption clearly in violation of § 602(a)(7).

United States v. Main

28 F. Supp. 550 · District Court, S.D. Texas · May 26, 1939

Indeed, they do not clearly indicate that they-were in furtherance of the alleged scheme. … It then clearly alleges the purposes of the conspiracy and combination, being “to violate Sec. 338, Title 18, U.S.

Canales v. Harris County

District Court, S.D. Texas · May 2, 2025

immunity. … Further, Plaintiff states that “[i]f some of Plaintiff's claims as pleaded do not meet the heightened pleading requirements for qualified immunity, courts will generally allow one chance to amend a deficient pleading before