Case law

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.

Sullivan Ex Rel. Sullivan Ex Rel. Fischer v. Houston Independent School District

333 F. Supp. 1149 · District Court, S.D. Texas · Jun 23, 1971

That the minor plaintiffs, Sullivan and Fischer, qualified as proper representatives of the class whose interest they sought to protect; 2. … Justice Jackson confirmed the libertarian ideal that no organ of the state is immune to constitutional scrutiny: “The.

Paulissen v. MEI Technologies, Inc.

942 F. Supp. 2d 658 · District Court, S.D. Texas · Apr 25, 2013

Here, defendant is' similarly contending that plaintiff is unable to establish a prima facie case of discriminatory discharge because she is unable to establish that she was qualified to continue holding the position for … Since there is no dispute that plaintiff was qualified for the position of Controller when she was hired, the court concludes that plaintiff has established a prima facie case of discriminatory discharge. 2.

McCaffety v. Hanson

District Court, S.D. Texas · Mar 13, 2024

Because McCaffety has had ample time to respond, and because the grounds for dismissal are clearly right, any additional time for response would be futile. The request for additional time is denied. … Second, the individual TxDot defendants have qualified immunity for their actions on behalf of the agency.

Walker v. City Of Houston

District Court, S.D. Texas · Sep 13, 2022

The Officer Defendants also contend that even if one did, the claims against them are barred by qualified immunity because “Walker had no clearly established right to be free from minimal … It also found those same officers were “at a minimum” entitled to qualified immunity regarding their use of force after the takedown, where they punched and kicked suspect after he “freed his

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.

Leonard v. Transoceanic Sedco Forex

189 F. Supp. 2d 627 · District Court, S.D. Texas · Mar 4, 2002

Past Fifth Circuit decisions clearly establish that “the pivotal question [with respect to seaman status] is whether the vessel has been placed in navigation for its intended purpose.” … In this case, the undisputed evidence establishes without a doubt that the Nautilus was not carrying out its intended purpose (drilling) until after Leonard was injured.

Reyes-Medrano

District Court, S.D. Texas · Mar 3, 2026

Qualified immunity “shields officers 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.” /d. … Thus, to overcome qualified immunity, Plaintiff must show (1) whether the facts alleged, taken as true, show a constitutional violation; and (2) whether the right was clearly established in light of existing precedent.

Maxim Crane Works, L.P. v. Zurich Am. Ins. Co.

392 F. Supp. 3d 731 · District Court, S.D. Texas · Jun 19, 2019

Because Skanska was immune under the Act's exclusive-remedy provision, Berkel, as a "co-employee," was also immune. Id. Maxim also appealed the state-court judgment. … According to Maxim, the Statute "must be considered in light of decades of well-established Texas common law that allowed broad indemnification, including for one's own negligence." ( Id. at 16).

Martin v. Kroger Co.

65 F. Supp. 2d 516 · District Court, S.D. Texas · Sep 15, 1999

For a factfinder to infer pretext, however, the plaintiff must show that she was “clearly better qualified,” as opposed to merely better qualified or as qualified as the employee who was selected for the position. … Under these circumstances, it cannot be said that Martin was “clearly better qualified” than the individual who was selected for the position in question.

Munoz v. H & M WHOLESALE, INC.

926 F. Supp. 596 · District Court, S.D. Texas · May 10, 1996

This clearly resulted in other employees having to work longer and harder hours. See id. … I mean, its hard to get back on your feet once you establish something.

Osborne v. British Airways PLC Corp.

198 F. Supp. 2d 901 · District Court, S.D. Texas · Apr 24, 2002

Thus, inquiring whether the travel in question qualifies as “international” requires a careful inspection of the contract between the plaintiff and the carrier. See Santleben v. … In the absence of treaty jurisdiction under the Convention, federal jurisdiction under 28 U.S.C. § 1331 , which permits cases arising under United States treaties, cannot be established. See Smith, 452 F.2d at 802 .

Moreland v. McCoy

District Court, S.D. Texas · Jul 12, 2021

When a government official has pled the defense of qualified immunity, the burden is on the plaintiff to establish that the official’s conduct violated clearly established law. Id. … The doctrine of qualified immunity affords protection against individual liability for civil damages to officials “insofar as their conduct does not violate clearly established statutory or constitutional rights

Odneal v. Dretke

435 F. Supp. 2d 608 · District Court, S.D. Texas · Jun 21, 2006

immunity. … Due to the lack of chaplains and qualified volunteers, it was often impossible for Mr. Teel to conduct more than one ceremony per unit during a given month. Id.

Cochrane v. Houston Light and Power Co.

996 F. Supp. 657 · District Court, S.D. Texas · Feb 24, 1998

To establish a prima facie case of sex or race discrimination based on a promotion denial, a plaintiff must demonstrate that (1) she applied for and was qualified for a job for which the employer was seeking applicants; ( … An unwanted transfer may also qualify as an adverse employment action. See Rutan v.

Deniece Design, LLC v. Braun

953 F. Supp. 2d 765 · District Court, S.D. Texas · Jun 19, 2013

Iqbal, 129 S.Ct. at 1940 , the Supreme Court, applying the Twombly plausibility standard to a Bivens claim of unconstitutional discrimination and a defense of qualified immunity for a government official, observed that two … To establish the earlier filing date of the provisional application, the application must provide an adequate description of the invention in enough detail that one skilled in the art can clearly conclude that the inventor

Maples v. University of Texas Medical Branch

901 F. Supp. 2d 874 · District Court, S.D. Texas · Sep 28, 2012

To establish a claim under either statute in “the context of a student excluded from an educational program,” a plaintiff must prove that: “(1) [s]he has a disability; (2) [s]he is otherwise qualified to participate in the … The federal disability discrimination laws establish only the right to reasonable accommodations for qualified individuals with disabilities; they do not provide an automatic right to extra credit.

Spec's Family Partners, Ltd. v. The Executive Director of the Texas Alcoholic Beverage Commission

District Court, S.D. Texas · Aug 28, 2019

Defendants argue that Plaintiff's claims should be dismissed pursuant to Eleventh Amendment sovereign immunity, and that the individual Defendants are entitled to both absolute immunity and qualified immunity. … > Because the Court finds that Defendants are enitled to absolute immunity, the Court will not analyze the applicability of qualified immunity. D.

Rangel v. United States of America

District Court, S.D. Texas · Feb 21, 2023

established reason.” … In sum, Rangel’s allegations ultimately hinge on whether he qualifies as a U.S. citizen.

Wood v. Exxon Corp.

674 F. Supp. 1277 · District Court, S.D. Texas · Nov 23, 1987

To establish a prima facie case of discrimination based on his discharge, the Plaintiff must show that: (1) he is a member of a protected group; (2) he was discharged; (3) he was qualified for the position; and (4) he was … To establish a prima facie case of discrimination because he did not receive a promotion, the Plaintiff must show that: (1) he is a member of a protected group; (2) he applied for and was qualified for the vacancy; (3) despite