Case law

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson's numerous claims. … The plaintiff must show that (1) the official's conduct violated a federally guaranteed right, (2) the right was clearly established, and (3) the official's conduct was objectively unreasonable in light of the clearly established

Mullins v. Crouch

391 F. Supp. 2d 457 · District Court, N.D. Texas · Apr 28, 2005

Qualified Immunity In this case, Crouch seeks judgment on the pleadings on the basis that he is entitled to qualified immunity. … Public officials performing discretionary functions enjoy immunity from suits for damages, provided their “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would

Retzlaff v. De La VINA

606 F. Supp. 2d 654 · District Court, W.D. Texas · Mar 4, 2009

Finally, defendants assert qualified immunity as a defense to Retzlaffs federal constitutional claims. Defendants have presented evidence that their actions were reasonable in light of clearly established law. Kinney v. … that defendants’ actions violated clearly established federal law.

Emerson v. Borland

927 S.W.2d 709 · Texas Court of Appeals, 3rd District (Austin) · Sep 18, 1996

(ii) Qualified immunity. … To preclude immunity from suit, the clearly established right must be the federal right on which the claim for relief is based and must be established at the time of the violation. Elder v.

William A. Newman, Ph.D. v. Nereu F. Kock, Jr., Jacky Yuk-Chow So, Dan R. Jones, and Ray M. Keck, III

Texas Court of Appeals, 4th District (San Antonio) · Aug 6, 2008

Qualified Immunity Qualified immunity is a defense to federal law claims that shields governmental officials performing discretionary functions from liability as long as their actions could reasonably be thought … that violated clearly established law.

Miller v. City of Nederland by and Through Wimer

977 F. Supp. 432 · District Court, E.D. Texas · Sep 8, 1997

To prevail on a qualified immunity defense, the defendant must show that he did “not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … Because Smith and Hamilton have raised the defense of qualified immunity, Miller must show, as a threshold matter, that they violated a clearly established constitutional right.

BARLOW EX REL. MONCEBAIZ v. Owens

400 F. Supp. 2d 980 · District Court, S.D. Texas · Jul 22, 2005

Defendants assert that they are entitled to qualified immunity because Plaintiff has not shown a violation of a constitutional right and because Defendants’ actions were objectively reasonable in light of clearly-established … Conclusions Because Defendants’ actions in investigating the neighbor’s report, detaining Moncebaiz, and then arresting him were not unreasonable in light of clearly established law, Defendants are entitled to qualified immunity

Riggs v. City of Pearland

177 F.R.D. 395 · District Court, S.D. Texas · Dec 17, 1997

The Fifth Circuit has also developed a two-step process for the examination of a claim of qualified immunity. The first inquiry is whether Plaintiff has alleged a violation of a clearly established constitutional right. … Again, the defense of qualified immunity is a bar to denial of medical care claims unless Plaintiffs demonstrate that Defendants’ conduct was objectively unreasonable in light of clearly established law existing at that time

Poteet v. Sullivan

218 S.W.3d 780 · Court of Appeals of Texas · Feb 2, 2007

Qualified Immunity 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 … Were the constitutional rights violated by Officers Sullivan and Lucio clearly established?

Dallas Independent School District v. Finlan

27 S.W.3d 220 · Texas Court of Appeals, 5th District (Dallas) · Oct 3, 2000

Qualified Immunity Analysis Government officials performing discretionary functions are entitled to the defense of qualified immunity, which shields them from liability for civil damages, if “their conduct does not violate … 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.

Thomas v. Collins

860 S.W.2d 500 · Texas Court of Appeals, 1st District (Houston) · Jul 1, 1993

To meet this burden, the plaintiff must establish that the defendant’s conduct “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” Brown v. … Reviewing appellant’s pleading under this standard, his allegations are sufficient to allege that Collins violated his clearly established eighth amendment rights.

Texas Department of Public Safety v. Tanner

928 S.W.2d 731 · Texas Court of Appeals, 4th District (San Antonio) · Aug 21, 1996

Like Hullum and DPS, we use the term "qualified immunity” when referring to the federal defense and "official immunity” when referring to the state defense. 3 . … Furthermore, Hullum did not move for summary judgment on the basis of qualified immunity to the section 1983 claim.

Rodriguez v. Laredo Independent School District

82 F. Supp. 2d 679 · District Court, S.D. Texas · Feb 2, 2000

Superintendent Cruz CV Qualified Immunity .In Harlow v. … ’s actions did not violate ... clearly established First Amendment rights.”).

Texas A&M University Texas A&M University System Dr. Jerry Gaston And Eugene Ray v. Don Thompson

Texas Court of Appeals, 3rd District (Austin) · Dec 18, 2003

Appellants assert the protection of sovereign immunity, qualified immunity, and quasi-judicial or official immunity against Thompson’s numerous claims. … was objectively unreasonable in light of the clearly established right.

Holton v. Mohon

684 F. Supp. 1407 · District Court, N.D. Texas · Sep 8, 1987

Such a finding leads this Court to a discussion of qualified immunity. Qualified immunity is available only to governmental officials performing discretionary functions. Harlow v. … Because the Fourth Amendment rule on warrantless arrests is “clearly established” law, the defense of qualified immunity is available only if a reasonable officer would have believed that probable cause existed to believe

Garza v. Escobar

386 F. Supp. 3d 794 · District Court, S.D. Texas · Apr 30, 2019

to qualified immunity if Plaintiff had stated a claim. b. … Texas , 65 F.3d 467 (5th Cir. 1995) (finding qualified immunity appropriate because it was not clearly established whether the political patronage exception applied to investigators in district attorney's offices or sufficiently

Kellough v. Bertrand

22 F. Supp. 2d 602 · District Court, S.D. Texas · Sep 25, 1998

Qualified Immunity Bars Plaintiff’s Claim of Excessive Force Established law clearly provides that Plaintiff has a Fourth Amendment right to be free from the use of excessive force by police. … Plaintiffs Claim of Unlawful Arrest is not Barred by Qualified Immunity An individual has a clearly established right to be free from unlawful arrest. Duckett v. City of Cedar Park, 950 F.2d 272, 278 (5th Cir.1992).

Wallace v. Moberly

947 S.W.2d 273 · Court of Appeals of Texas · Jul 17, 1997

B) Qualified Immunity to § 1983 Claims In his second point of error, Wallace argues that the trial court erred by denying his motion for summary judgment because he is entitled to qualified immunity to Moberly’s federal law … Wallace is entitled to qualified immunity if he could have reasonably believed his actions to be lawful in light of clearly established law and the information he possessed. Hunter v.

Taylor v. Russell

181 F. Supp. 2d 668 · District Court, E.D. Texas · Oct 24, 2001

In defense of Plaintiffs equal protection claims, Defendants assert qualified immunity. 1. Qualified Immunity. … “Qualified” or “good faith” immunity shields government officials performing discretionary functions from liability “unless their conduct violates clearly established statutory or constitutional rights of which a reasonable

Vasquez v. Hernandez

844 S.W.2d 802 · Texas Court of Appeals, 4th District (San Antonio) · Nov 12, 1992

Therefore, if the movant in the present case established the qualified immunity defense, the non-movants were required to controvert this by summary judgment evidence. … Moreover, a former Miami police chief’s stated opinion that the shooting could have been “avoided” does not address or refute the established elements of qualified immunity.