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864 S.W.2d 767 · Court of Appeals of Texas · Oct 28, 1993
Indeed, our finding of absolute privilege could be expressed in terms of qualified immunity. … Our absolute privilege analysis clearly shows that the first two elements of qualified immunity are met.
Cited 46 timesPublishedVan Lee Brewer v. Jason Simental
Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010
Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id. … Therefore, the defendants were entitled to claim qualified immunity. See Kipps, 197 F.3d at 768.
Cited 0 timesPublishedVan Lee Brewer v. Jason Simental
Texas Court of Appeals, 7th District (Amarillo) · Oct 15, 2010
and, therefore, the defendants were entitled to qualified immunity. … Those governmental officials are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Id .
Cited 0 timesPublishedThibodeaux v. City of Port Arthur
783 F. Supp. 299 · District Court, E.D. Texas · Jan 24, 1992
insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known, Harlow v. … The court is to determine immunity from suit based on the pleadings applying an “objective legal reasonableness” test, assessing the action in the light of the legal rules that were “clearly established” at the time it occurred
Cited 1 timesPublishedDistrict Court, S.D. Texas · Apr 18, 2022
Wade, 776 F.3d 368, 388 (5th Cir. 2015) (“It is well established that ‘municipalities have no immunity from damages liability flowing from their constitutional violations.’” (quoting Owen v. … Serrano and Vieira overstate the scope of any potential qualified immunity. See Pelletier, 516 U.S. at 312. Serrano was denied qualified immunity for allegedly conducting an unreasonable strip search.
Cited 0 timesUnknown922 F. Supp. 1184 · District Court, N.D. Texas · Feb 12, 1996
Public officials, however, are not shielded by qualified immunity if their conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional. … Finally, to satisfy the third part of the qualified immunity test, the plaintiff must establish that the official’s conduct was objectively unreasonable in fight of the legal rules clearly established at the time the actions
Cited 5 timesPublished248 F. Supp. 3d 814 · District Court, N.D. Texas · Mar 31, 2017
immunity (Doc. 26) and the order denying that motion (Doc. 29) and concludes that nature of the challenged conduct was not clearly established in the specific context of this case. … immunity because, at *823 the time Howell was fired, it was not clearly established whether his involvement in the FBI investigation was protected under the First Amendment.”
Cited 2 timesPublishedUniversity of Texas Southwestern Medical Center of Dallas v. Margulis
88 S.W.3d 641 · Court of Appeals of Texas · Mar 31, 1999
Fain, and Kern Wildenthal, M.D., appellants, contend the trial court erred in denying their motion for partial summary judgment on the defense of qualified immunity. … Appellants moved for partial summary judgment on the section 1983 claims, asserting that Margulis did not plead with specificity enough facts to overcome their assertion of qualified immunity.
Cited 2 timesPublished121 F. Supp. 2d 571 · District Court, E.D. Texas · Jul 7, 2000
The court will now proceed to the qualified immunity discussion. IV. QUALIFIED IMMUNITY In his third motion for summary judgment, defendant argues Jones’ claims are barred by qualified immunity. … In assessing a qualified immunity claim the district court must determine “whether (1) the plaintiffs have asserted a constitutional or statutory violation; (2) the law regarding the alleged violation was clearly established
Cited 7 timesPublished904 F. Supp. 582 · District Court, N.D. Texas · Mar 9, 1995
It is the Plaintiff who must overcome the claim to qualified immunity. The Defendant filed two briefs on the issue of qualified immunity. … Creighton, supra, the terminology “clearly established” has an important application to any claim of qualified immunity. Anderson v. Creighton, supra, cited with favor in Malley v.
Cited 1 timesPublishedBrad Livingston, Robert Treon, Martha Wear and Paul Morales v. Atiba Ramone Taylor, Tdcj 1082601
Texas Court of Appeals, 13th District · Aug 6, 2009
Qualified Immunity (5) Qualified immunity shields a government official "performing discretionary functions from liability for civil damages under section 1983, provided the official's conduct does not violate clearly established … When a government official pleads qualified immunity, the summary judgment burden shifts to the plaintiff to produce evidence which establishes that the official's conduct violated the clearly established law. Newman v.
Cited 0 timesPublishedPeavy v. Dallas Independent School District
57 F. Supp. 2d 382 · District Court, N.D. Texas · Aug 31, 1999
Qualified Immunity Defendant Kress contends that he is entitled to qualified immunity for the al~ leged violation of the Act and the alleged constitutional violation. … Conversely, an official’s conduct is not protected by qualified immunity if, in light of clearly established pre-existing law, it was apparent the conduct, when undertaken, would be a violation of the right at issue.
Cited 7 timesPublished110 F. Supp. 3d 696 · District Court, N.D. Texas · May 22, 2015
QUALIFIED IMMUNITY Qualified immunity is a doctrine designed to protect government officials sued in their individual capacity from liability for civil damages, so long as “their conduct does not violate clearly established … If a defendant successfully establishes the qualified immunity defense, he or she is completely immune from suit. See id.
Cited 13 timesPublished58 Tex. Sup. Ct. J. 678 · Texas Supreme Court · Apr 24, 2015
Brown & Gay’s reliance on Filar-sky's qualified-immunity analysis is misplaced. … The federal doctrine of qualified immunity “protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable
Cited 143 timesPublished68 F. Supp. 3d 628 · District Court, N.D. Texas · Dec 22, 2014
Officers Hunter and Cassidy’s Motion for Summary Judgment Based Upon Qualified Immunity The doctrine of qualified immunity protects government officials sued pursuant to 42 U.S.C. §,1983 “from liability for civil damages … Factual Showing Having affirmed that Plaintiffs alleged a violation of a clearly established right, the Court turns now to the remaining inquiry in the qualified immunity anal *644 ysis.
Cited 10 timesPublished95 S.W.3d 683 · Texas Court of Appeals, 1st District (Houston) · Dec 27, 2002
Government officials performing discretionary functions have qualified immunity from liability for actions that do not violate clearly established statutory or constitutional rights of which a reasonable person would have … in light of the clearly established rights.
Cited 29 timesPublishedDistrict Court, W.D. Texas · Apr 29, 2022
To the extent Plaintiff attempts to argue that she was more qualified than J.C., the evidence is insufficient to establish pretext because it does not show that Plaintiff clearly was more qualified than J.C. … See Price, 283 F.3d at 723 (stating that to establish pretext, the losing candidate’s qualifications must “leap from the record and cry out to all who would listen that [s]he was vastly—or even clearly—more qualified for
Cited 0 timesUnknownTexas Tech University Health Sciences Center - El Paso v. Gloria Bustillos
556 S.W.3d 394 · Texas Court of Appeals, 8th District (El Paso) · Jun 13, 2018
First, the federal court’s ruling was based on “qualified immunity” which evaluates whether there was a violation of a constitutional right and whether that right was clearly established at the time. … (recognizing that the terms “official immunity” and “qualified immunity” are often used interchangeably, but that the doctrines are separate defenses; qualified immunity applies when federal law claims are raised while
Cited 5 timesPublished299 F.R.D. 527 · District Court, N.D. Texas · Apr 18, 2014
“Even if the government official’s conduct violates a clearly established right, the official is nonetheless entitled to qualified immunity if his conduct was objectively reasonable.” Wallace v. … See Morin, 77 F.3d at 120 (“Public officials are entitled to qualified immunity from suit under § 1983 unless it is shown by specific allegations that the officials violated clearly established law.”); Schultea, 47 F.3d at
Cited 9 timesPublished990 F. Supp. 2d 695 · District Court, N.D. Texas · Dec 31, 2013
immunity analysis and asks whether, nevertheless, qualified immunity is appropriate because the Officer Defendants’ actions were objectively reasonable “in light of clearly established law at the time of the conduct in question … As already stated, qualified immunity is a defense available to public officials performing discretionary functions “... insofar as their conduct does not violate clearly established statutory or constitutional rights of
Cited 6 timesPublished
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