Case law

Harden

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

The proof is in the pudding: Plaintiff responded substantively to Experian’s statute-of-limitations, qualified-immunity, improper-injunctive-relief, arbitration, and constitutional defenses. ECF No. 48 at 2–4. … Similarly, Plaintiff maintains that (1) qualified immunity “does not bar private FCRA claims where malice or willful intent is alleged”; (2) the improper-injunctive-relief defense “is misplaced because Plaintiff

Syed v. Aftex Personal Care Services, Inc.

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

Frances Nwora, on the other hand, is clearly Plaintiffs’ employer, as defined by the FLSA. See Reich □□□ Circle C. … Defendants are not entitled to Eleventh Amendment sovereign immunity. “Sovereign immunity bars private suits against nonconsenting states in federal court.” Haverkamp v.

Estate of C.A. v. Grier

918 F. Supp. 2d 619 · District Court, S.D. Texas · Jan 16, 2013

In an earlier ruling, this court granted the employees’ motion for summary judgment on qualified immunity. (Docket Entry No. 97). … Background The factual background in this case was largely explained in this court’s earlier opinion on qualified immunity. (See Docket Entry No. 97).

Carey v. Aldine Independent School District

996 F. Supp. 641 · District Court, S.D. Texas · Jan 12, 1998

As to the claim against Leschper in her individual capacity, defendants assert qualified immunity. *646 II. … As a matter of law, Leschper possesses qualified immunity for her “negative evaluation” of Carey. B.

Starkey v. Collier

District Court, S.D. Texas · Mar 31, 2025

Accordingly, Defendants maintain that they are entitled to qualified immunity. (Id.). … Thus, Starkey cannot overcome Lim’s entitlement to qualified immunity, and his claims should be dismissed. (Id.).

Rodriguez v. Alcoa Inc.

805 F. Supp. 2d 310 · District Court, S.D. Texas · Apr 4, 2011

Was Rodriguez “Otherwise Qualified” for His Job? Even if Rodriguez could establish that he was disabled under the ADA, he still must show that he was “otherwise qualified” for his job. Chiari v. … he was otherwise qualified for his job.

Arrington v. Gonzalez

District Court, S.D. Texas · Aug 31, 2020

The defendants assert qualified immunity and note that the conclusory allegations lodged by the plaintiff fail to demonstrate personal involvement in the complained of conditions of confinement or deliberate indifference … immunity.

Weaver v. Kellogg

216 B.R. 563 · District Court, S.D. Texas · Jan 8, 1997

This question is clearly one of fact, and Plaintiffs submissions contain adequate evidence to preclude summary judgment on this issue. … Its analysis gives no indication that a director is immune from a charge of usurpation of a corporate opportunity merely because that opportunity was disclosed to the board. Also, in General Dynamics v.

Hashop v. Rockwell Space Operations Co.

867 F. Supp. 1287 · District Court, S.D. Texas · Nov 9, 1994

in the school system, or educational establishment or institution by which he is employed.” … For the reasons stated above, the Court finds that RSOC has clearly shown such a reason.

Voting Integrity Project, Inc. v. Bomer

61 F. Supp. 2d 600 · District Court, S.D. Texas · Aug 9, 1999

who, under color of any statute ... of any State ..., subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … Tex.Elec.Code Ann. § 82.005: "Any qualified voter is eligible for early voting by personal appearance." *602 2.

Partida v. Castaneda

384 F. Supp. 79 · District Court, S.D. Texas · Oct 26, 1974

When this disproportion was considered with the evidence of the failure of the jury commissioners to familiarize themselves with qualified members of the excluded group, it was held sufficient to establish a prima facie case … As clearly stated in Alexander v.

Stepp v. Sergeant B S Boswell

District Court, S.D. Texas · Apr 14, 2022

Plaintiff's motion also takes issue with this Court’s conclusion that Stepp failed to show that Officer Hauke’s search of Stepp’s vehicle violated his clearly established Fourth Amendment rights. (Doc. … Ultimately, the Court concluded that Plaintiff failed to overcome Officer Hauke’s qualified immunity defense on the basis of the Fifth Circuit’s decision in United States v. Rich, 992 F.2d 502 (Sth Cir. 1993).

Porretto

District Court, S.D. Texas · Jun 5, 2026

A state cannot be sued in federal court “unless the state consents to suit or Congress has clearly and validly abrogated the state’s sovereign immunity.” U.S. … Furthermore, the Supreme Court has held that a regulation does not qualify as a categorical taking even when the regulation takes 95% of a property’s value. Lucas v.

Blackmon v. American Home Products Corp.

328 F. Supp. 2d 647 · District Court, S.D. Texas · Jun 2, 2004

While most children enjoy measurable benefit from immunization programs, “a small but significant number have been gravely injured.” Id. … Simply put, individuals who qualify as Program claimants must file petitions in the Vaccine Court in order to pursue any vaccine-related claims at all. 2 1.

Williamson v. American National Insurance Company

695 F. Supp. 2d 431 · District Court, S.D. Texas · Mar 2, 2010

benefits and still be able to establish that he is “qualified” under the ADA. … Corp., 81 F.3d 38, 42 (5th Cir.1996) (a genuine issue of material fact exists if the evidence shows that plaintiff was clearly better qualified than the employees who were retained in a RIF).

Ostrewich v. City of Palacios, Texas

District Court, S.D. Texas · Mar 25, 2024

Because Ostrewich cannot establish a constitutional violation, he also cannot overcome Bias’s qualified immunity. See Ashcroft v. … right, and (2) that the right was clearly established at the time of the challenged conduct.”

Mize v. McGraw-Hill, Inc.

86 F.R.D. 1 · District Court, S.D. Texas · Mar 5, 1980

Precluding direct discovery would substantially prevent the plaintiff from establishing his case. … Only complete immunity of the press would substantially reduce the burdens of litigation, but the Court refused to endorse such a measure.

Pena v. Houston Lighting & Power Co.

978 F. Supp. 694 · District Court, S.D. Texas · Sep 24, 1997

To establish a prima facie case under the ADA, a plaintiff must show that he or she is a “qualified individual with a disability.” See Daigle v. Liberty Life Ins. Co., 70 F.3d 394, 396 (5th Cir.1995). … It is clearly not the Court’s role to monitor the psychological nuances that exist between employee and employer and guard against any alleged improper influences by the latter. Mr.

Casiano v. United States

953 F. Supp. 158 · District Court, S.D. Texas · Jan 30, 1997

The complaint, or any portion thereof, is to be dismissed if it is frivolous, malicious, fails to state a claim upon which relief may be granted, or seeks monetary relief from a defendant immune from such relief. Id. … Clearly, by being dismissed as a frivolous abuse of the writ process, the 1994 habeas case discussed herein was without merit.

Stahl v. Exxon Corp.

212 F. Supp. 2d 657 · District Court, S.D. Texas · Jul 1, 2002

Moreover, under the REA, “[e]ach plan shall establish reasonable procedures to determine the qualified status of domestic relations orders and to administer distributions under such qualified orders.” 29 U.S.C. § 1056 (d) … In order to qualify as a QDRO, a domestic relations order must clearly specify: (i) the name and the last known mailing address (if any) of the participant and the name and mailing address of each alternate payee covered