Case law
Opinions from 1658 to today.
2,190 results
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Carmona v. The City of Brownsville
District Court, S.D. Texas · Feb 13, 2024
the Plaintiffs have not shown that Carmona’s rights were clearly established. … Pro. 12(b)(6), their assertion of qualified immunity, Dkt. No. 35.
Cited 0 timesUnknownValdes v. Wal-Mart Stores, Inc.
967 F. Supp. 225 · District Court, S.D. Texas · Jan 30, 1997
Neither the police report nor the accompanying depositions clearly indicate if the incidents occurred in Wal-Mart’s parking lot, although at least one vehicle burglary appears to have occurred there. … These facts do not support negligence by Wal-Mart; they merely reflect that Wal-Mart is not immune from the realities of petty crime.
Cited 1 timesPublishedDistrict Court, S.D. Texas · Jul 14, 2022
established at the time of the alleged wrongful conduct, and thus, Garza is entitled to qualified immunity in his individual capacity. … As a result, the Court does not reach Reyna’s arguments regarding qualified immunity and municipal liability.
Cited 0 timesUnknown224 F. Supp. 2d 1115 · District Court, S.D. Texas · Jun 17, 2002
To qualify as a party with standing to litigate, a person must show “an invasion of a legally protected interest” that is “concrete and particularized” and “actual or imminent.” Lujan v. … The Board of Directors of Upper Chesapeake Health, Inc., 142 F.Supp.2d 679, 694 (D.Md.2001) (Health Care Quality Improvement Act, which granted limited immunity to those who take part in hospital peer review activities if
Cited 10 timesPublishedDerrick Manufacturing Corp. v. Southwestern Wire Cloth, Inc.
934 F. Supp. 813 · District Court, S.D. Texas · Feb 21, 1996
Communications between attorney and client made in furtherance of a crime or fraud are not protected by either the attorney-client privilege or work product immunity. Synair Corp. v. American Indus. … While simple oversight, mistake, negligence, or an erroneous judgment made in good faith are not sufficient to establish intent, gross negligence may be sufficient. J.P.
Cited 2 timesPublishedDistrict Court, S.D. Texas · Mar 31, 2026
Defendant ISD does not qualify as an “arm of the state” so as to be eligible for state sovereign immunity under the Eleventh Amendment; furthermore, Plaintiff has plead sufficient factual matter, accepted as true, to state … Therefore, says Defendant, Plaintiff is required to establish jurisdiction by demonstrating a legislative abrogation of that sovereign immunity. Under the Supreme Court’s decision in Coleman v.
Cited 0 timesUnknownDistrict Court, S.D. Texas · Sep 5, 2024
Moreover, Gonzalez invokes the principles of qualified immunity, arguing that the lack of specific allegations against him warrants dismissal even in his official capacity. … While qualified immunity generally applies to individual capacity claims, the principles necessitating specific allegations of wrongdoings apply broadly to claims lacking substantial connection to an official’s conduct
Cited 0 timesUnknown489 F. Supp. 2d 729 · District Court, S.D. Texas · Apr 24, 2007
was allegedly more qualified for the OM position than the men who were chosen. … “To establish a prima facie case [of sex discrimination], the plaintiff must show that ‘(1) she is a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and
Cited 4 timesPublished255 F. Supp. 2d 624 · District Court, S.D. Texas · Nov 20, 2002
Moreover, the court noted that the “statute clearly speaks in permissive, not mandatory language.” … The United States, as sovereign, is immune from suit unless it waives that immunity. United States v. Dalm, 494 U.S. 596, 609 , 110 S.Ct. 1361 , 108 L.Ed.2d 548 (1990); see also United States v.
Cited 8 timesPublishedCollins-Pearcy v. Mediterranean Shipping Co. (USA)
698 F. Supp. 2d 730 · District Court, S.D. Texas · Mar 22, 2010
To establish a prima facie case of discrimination, Plaintiffs must demonstrate that (1) they are members of a protected class; (2) they were qualified for the position in question; (3) they were the subject of an adverse … Plaintiffs have failed to establish both the third and fourth prongs of the prima facie case. First, Plaintiffs have not shown that they were qualified for their positions at the time of their alleged termination.
Cited 18 timesPublished432 F. Supp. 223 · District Court, S.D. Texas · Jan 14, 1976
Furthermore, the Courts in this Circuit, as well as in the Ninth, have repeatedly held that a suspect is not immune from further examination merely because he has previously passed through a customs check. … In the instant case, the Government does not rely on any connection or contact with the border in an attempt to qualify it as an extended border search.
Cited 1 timesPublished976 F. Supp. 591 · District Court, S.D. Texas · Oct 30, 1996
The interrelationship of the civil rights laws, constitutional issues, and immunity doctrines required attorneys with employment and civil rights experience. … Thus, Guillory and Mauzy Clearly possessed the necessary skills to properly render the legal services necessary for this case.
Cited 0 timesPublishedNational Audubon Society, Inc. v. Johnson
317 F. Supp. 1330 · District Court, S.D. Texas · Sep 30, 1970
The Refuge was established under Federal Law and is owned by the United States of America and operated and administered by the Fish and Wildlife Service of the Department of the Interior. … I cannot, therefore, hold that the members of the Texas Parks and Wildlife Commission and its officers have so clearly acted beyond their official duties that I must.enjoin their actions.
Cited 5 timesPublishedNicholas v. Brazos County, Texas
District Court, S.D. Texas · Feb 26, 2020
The court will therefore analyze the constitutional claims under the plausibility standard from Twombly and Iqbal but will not consider a potential qualified immunity defense.2 Cf. Randle v. Lockwood, 666 F. … An officer is “entitled to qualified immunity under § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’”
Cited 0 timesUnknownDistrict Court, S.D. Texas · Mar 30, 2026
Congress has not clearly abrogated state sovereign immunity for FLSA claims. Parker v. Prairie View A&M Univ., 145 F.Supp.3d 702, 705 (S.D. … Both claims are barred by sovereign immunity. Congress has not clearly abrogated state sovereign immunity for ADEA claims. See Kimel v. Fla.
Cited 0 timesUnknownGlover-Dorsey v. University of Texas Medical Branch at Galveston
147 F. Supp. 2d 656 · District Court, S.D. Texas · Jun 4, 2001
Plaintiff’s Prima Facie Case To establish a prima facie case of racial discrimination, a plaintiff must show: (1) he belongs to a protected group, (2) he was qualified for the position held or sought, (3) he suffered an adverse … And clearly, any efforts to claim that Plaintiff was not qualified for the Faculty Associate job she had been performing for several years would be unavailing.
Cited 4 timesPublishedAmato v. St. Luke's Episcopal Hospital
987 F. Supp. 523 · District Court, S.D. Texas · Aug 25, 1997
In the absence of direct evidence of discrimination, the plaintiff can establish a prima facie case under the ADA by showing that: (1) he has a “disability”; (2) he is qualified for the job; (3) he was subject to an adverse … Therefore, in order for Amato to demonstrate that he was qualified for the nursing care assistant position, he must establish that: (1) he could perform the *530 essential functions of the job; or (2) if he was not able to
Cited 5 timesPublishedDistrict Court, S.D. Texas · Mar 9, 2026
Here, Plaintiff fails to establish any waiver of immunity, consequently, this Court is barred by the Eleventh Amendment from considering these claims. … Here, Plaintiff fails to establish any waiver of immunity, and as a result, all of his claims against the OAG are barred by sovereign immunity.
Cited 0 timesUnknown888 F. Supp. 808 · District Court, S.D. Texas · Mar 31, 1995
(emphasis supplied) Clearly, May’s statements, asserting sexual misconduct by Matta, relate to Barnes’ complaint filed with the SEC claiming sexual harassment, discrimination, and assault. … Matta was dismissed as a defendant because the SEC contended that his acts were official acts and worthy of qualified immunity.
Cited 3 timesPublished923 F. Supp. 2d 984 · District Court, S.D. Texas · Feb 12, 2013
A qualifying score was coded as BQ (Best Qualified) or BQNC (Best Qualified Non Competitive). A BQNC candidate was one who already held the pay grade for the position he or she applied. … Johnson alleges that “Donna Robinson failed to follow established procedures again as she was also responsible for notifying any employee who was determined to be ineligible prior to sending out the best qualified list of
Cited 3 timesPublished
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