Case law

City of Lancaster v. Chambers

37 Tex. Sup. Ct. J. 980 · Texas Supreme Court · Jun 15, 1994

judgment on qualified immunity is improper.”). … First, federal immunity may be conferred at the summary judgment stage by the court’s finding that the constitutional right at issue was not clearly established. Elder v.

Parker v. Armstrong

District Court, W.D. Texas · Aug 7, 2024

Qualified immunity bars suit against officers in their official capacity from liability for civil damages so long as their conduct does not violate a clearly established statutory constitutional right. … Jones, 922 F.3d 309, 318 (5th Cir. 2019) (holding that before the qualified immunity inquiry discretionary authority must be established)).

Texas Department of Criminal Justice v. Thomas

263 S.W.3d 212 · Texas Court of Appeals, 1st District (Houston) · Apr 19, 2007

from suit, and Pierson’s motion for summary judgment asserted qualified immunity. … The doctrine of qualified immunity shields an official performing discretionary functions from liability for civil damages under section 1983, provided the official’s conduct does not violate clearly established constitutional

Eastland County Cooperative Dispatch v. Poyner

64 S.W.3d 182 · Texas Court of Appeals, 11th District (Eastland) · Jan 10, 2002

The motions for summary judgment implicated the doctrines of sovereign immunity, official immunity, and qualified immunity. … Was that general prohibition the source for clearly established law which the officers violated in this case?

Graham v. Dall. Area Rapid Transit

288 F. Supp. 3d 711 · District Court, N.D. Texas · Dec 28, 2017

In analyzing qualified immunity claims, the Supreme Court has "repeatedly told courts ... to not define clearly established law at a high level of generality." Mullenix v. … This second part of the qualified immunity inquiry considers whether the right was clearly established at the time of the violation.

Shah v. University of Texas Southwestern Medical School

54 F. Supp. 3d 681 · District Court, N.D. Texas · Oct 20, 2014

Shah violated a clearly established right. … Shah violated one or more of Shah’s clearly established constitutional rights when he wrote to the SPC, Dr. Shah is entitled to qualified immunity. E The court now considers whether Dr.

Finlan v. Dallas Independent School District

90 S.W.3d 395 · Texas Court of Appeals, 11th District (Eastland) · Nov 27, 2002

The defense of qualified immunity shields governmental officials from liability under Section 1983 for civil damages if “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … It did not address the first inquiry in the qualified immunity analysis; that is, it did not address the question of law whether the law was clearly established in 1992 that the filing of a civil suit, alleged to be malicious

Filomena Leo, in Their Individual and Official Capacities v. Iliana Trevino

Texas Court of Appeals, 13th District · Jun 8, 2006

Constitutional Violation The first prong of any analysis of the availability of qualified immunity requires the establishment of the violation of a "clearly established right." Beck , 204 F.3d at 638. … The School District Employees are entitled to qualified immunity from the Trevinos' claims, absent a showing of a violation of "clearly established constitutional law."

Gill v. Devlin

867 F. Supp. 2d 849 · District Court, N.D. Texas · Mar 12, 2012

Therefore, unless the pleadings plausibly state a claim of an objectively unreasonable violation of clearly-established law, a defendant pleading qualified immunity is entitled to dismissal before full discovery is commenced … CONCLUSION Gill has plausibly alleged the violation of her clearly established equal-protection rights.

Padilla v. Mason

169 S.W.3d 493 · Texas Court of Appeals, 8th District (El Paso) · Jul 28, 2005

of qualified immunity and official immunity. … Because there was no clearly established rule which would prohibit Mason from using the force that he did, he is entitled to qualified immunity.

Lang v. City of Nacogdoches

942 S.W.2d 752 · Texas Court of Appeals, 12th District (Tyler) · Mar 27, 1997

In suits alleging illegal arrest, the qualified immunity determination turns on whether a reasonable officer could have believed the arrest to be lawful, in light of clearly established law and the information the officer … the legal rules that were “clearly established” at the time it was taken. *767 Anderson v.

Derrick Dutton v. Sheryl Hayes-Pupko

Texas Court of Appeals, 3rd District (Austin) · Aug 7, 2008

He asserted that Hayes-Pupko had to overcome his assertion of qualified immunity by proving that he (1) violated her clearly established rights and (2) acted unreasonably or in bad faith in doing so. … Discussion "A government official performing discretionary functions is entitled to qualified immunity unless his conduct violates clearly established statutory or constitutional rights of which a reasonable person would

Romero v. Bexar County

993 F. Supp. 2d 658 · District Court, W.D. Texas · Jan 9, 2014

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory or constitutional rights of which … Qualified immunity is not only a defense to liability but also a immunity from suit. Pearson, 555 U.S. at 223 , 129 S.Ct. 808 .

City of Beverly Hills v. Guevara

911 S.W.2d 901 · Texas Court of Appeals, 10th District (Waco) · Dec 13, 1995

The Court’s definition of good faith is “derived substantially” from the federal qualified immunity law in “section 1983 claims”: Although the cases sometimes refer to the doctrine of qualified “good faith” immunity, the … “[W]e look to whether a reasonable official could have believed his or her conduct to be lawful in light of clearly established law and the information possessed by the official at the time the conduct occurred.”

City of Dallas v. Half Price Books, Records, Magazines, Inc.

883 S.W.2d 374 · Texas Court of Appeals, 5th District (Dallas) · Aug 18, 1994

If a police officer is immune from tort liability under the qualified immunity doctrine, the city is also immune. City of Houston v. Newsom, 858 S.W.2d 14, 19 (Tex.App. … My actions were consistent with State law and departmental regulations, and I did not violate clearly established law of which a reasonable person would have known.

Self v. City of Mansfield

369 F. Supp. 3d 684 · District Court, N.D. Texas · Mar 26, 2019

Under the doctrine of qualified immunity, "government officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … a clearly established constitutional right.

Munroe v. City of Austin

300 F. Supp. 3d 915 · District Court, W.D. Texas · Mar 12, 2018

To overcome qualified immunity, a plaintiff must show that (1) the official violated a constitutional right, and (2) the constitutional right at issue was clearly established. *923 Saucier v. … Assuming, without deciding, that deploying his taser was an excessive use of force, Murphy is entitled to qualified immunity because doing so did not violate clearly established law.

Kirk Wayne McBride, Sr. v. Texas Department of Criminal Justice - Correctional Institutions Division

Texas Court of Appeals, 13th District · Aug 28, 2008

Government officials performing discretionary functions have qualified immunity from a suit for damages so long as the official's conduct does not violate clearly established constitutional or statutory rights of which a … Qualified immunity shields an officer if a reasonable officer could have believed the action to be lawful in light of clearly established law and the information the officer possessed. Hunter v .

Khansari v. City of Houston

14 F. Supp. 3d 842 · District Court, S.D. Texas · Apr 9, 2014

’s Fourth Amendment rights, the court turns directly to the second analytical step of the qualified immunity analysis: whether that right was clearly established when the actions at issue occurred. … January 26, 2010), plaintiffs acknowledge that [f]or the purposes of the qualified immunity analysis, “ ‘clearly established’ means that the ‘contours of the right’ are ‘sufficiently clear that a reasonable official would

McCartney v. May

50 S.W.3d 599 · Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … ’s qualified immunity on May’s substantive due process claims.