Case law

Thomas v. Murray

107 F. Supp. 2d 748 · District Court, N.D. Texas · May 31, 2000

Murray contends that he is entitled to qualified immunity because his actions did not violate clearly established federal law. … clearly established in June 1996.

Pavlov v. Parsons

574 F. Supp. 393 · District Court, S.D. Texas · Oct 14, 1983

and qualified immunity from the constitutional tort claims. … Once the defendant establishes this defense, the burden then shifts to the plaintiff to prove that the defendants’ action violated clearly established law. Harlow v.

Rheuark v. Shaw

477 F. Supp. 897 · District Court, N.D. Texas · Aug 31, 1979

, and claims of qualified immunity for court reporters. … Qualified Immunity I have previously held that Dallas County has not established its qualified immunity defense and therefore it is liable for attorneys fees under 42 U.S.C. § 1988 .

MacE Ex Rel. Revill v. City of Palestine, Texas

213 F. Supp. 2d 691 · District Court, E.D. Texas · Feb 8, 2002

The defense of qualified immunity, however, protects § 1983 defendants from liability for civil damages when performing discretionary functions, unless such conduct violates a clearly established constitutional or statutory … In considering the merits of a qualified immunity defense in excessive force cases, like this one, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established

Estate of Henson v. Wichita County, Tex.

652 F. Supp. 2d 730 · District Court, N.D. Texas · Aug 4, 2009

The doctrine of qualified immunity protects government officials sued pursuant to § 1983 “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of … In order to overcome the defense of qualified immunity, Plaintiffs must prove Dr. Bolin violated “clearly established statutory or constitutional rights of which a reasonable person would have known.” Gibson v.

Harvey v. Montgomery County

881 F. Supp. 2d 785 · District Court, S.D. Texas · Apr 30, 2012

“Under the doctrine of qualified immunity, government officials performing discretionary functions are shielded from civil liability ‘insofar as their conduct does not violate clearly established statutory or constitutional … The Deputies’ actions were simply not objectively unreasonable in light of clearly established law. Therefore, the Deputies are entitled to qualified immunity on Plaintiffs deliberate indifference to medical care claim.

Idoux v. Lamar University System

828 F. Supp. 1252 · District Court, E.D. Texas · Jul 13, 1993

Qualified Immunity The question of whether qualified immunity will protect an official is one of law for the Court to decide. Mitchell v. Forsyth, 472 U.S. 511, 526 , 105 S.Ct. 2806, 2815-2816 , 86 L.Ed.2d 411 (1985). … To be entitled to qualified immunity, a governmental official must have been performing discretionary functions, and his conduct must not have violated clearly established statutory or constitutional rights of which a reasonable

Henrise v. Horvath

174 F. Supp. 2d 493 · District Court, N.D. Texas · Apr 30, 2001

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. … To preclude qualified immunity, it is not necessary for a plaintiff to establish that “the [specific] action in question has previously been held unlawful.” Anderson v.

Eastland County Cooperative Dispatch, Eastland County, and the City of Gorman v. Elnor Maxine Poyner, Individually and as Independent of the Estate of William Euell Poyner, and as Sole Heir of William Euell Poyner

Texas Court of Appeals, 11th District (Eastland) · Oct 25, 2001

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?

Eastland County Cooperative Dispatch, Clay Coffey, Wayne Bradford, Ken Wheeler, and Gerald Cozart v. Elnor Maxine Poyner, Individually and as Independent of the Estate of William Euell Poyner, and as Sole Heir of William Euell Poyner

Texas Court of Appeals, 11th District (Eastland) · Oct 25, 2001

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?

Perry, Peary v. the City of Houston and George Greanias

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.

Keeble v. Cisneros

664 F. Supp. 1076 · District Court, S.D. Texas · Jan 15, 1987

Against this statutory and factual background, the various individual Defendants claim absolute and qualified immunity. … A qualified immunity protects a public official from liability unless his conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have known.”

Almond v. Tarver

468 F. Supp. 2d 886 · District Court, E.D. Texas · Aug 15, 2006

A defendant "is entitled to qualified immunity unless he violated a constitutional right that was clearly established at the time of his conduct." Blackwell v. … In considering a claim of qualified immunity, the court must make a two-pronged inquiry: "The bifurcated test for qualified immunity is quite familiar: (1) whether the plaintiff has alleged a violation of a clearly established

Williams v. City of Luling

802 F. Supp. 1518 · District Court, W.D. Texas · Sep 8, 1992

A police officer is entitled to qualified immunity if his or her conduct “does not violate clearly established statutory or constitutional rights of which a reasonable [police officer] would have known.” Harlow v. … for summary judgment raising the issue of qualified immunity.

City of Houston v. Daniels

66 S.W.3d 420 · Texas Court of Appeals, 14th District (Houston) · Feb 21, 2002

Sovereign immunity protects governmental entities from liability whereas official, or qualified, immunity protects individual governmental employees. DeWitt v. Harris County, 904 S.W.2d 650, 653 (Tex.1995). … However, section 51.014(5) of the Texas Civil Practice and Remedies Code provides that the denial of a motion for summary judgment may be appealed if it is based on an assertion of qualified immunity. City of Houston v.

Huddleston v. Maurry

841 S.W.2d 24 · Texas Court of Appeals, 5th District (Dallas) · Sep 2, 1992

To establish the affirmative defense of qualified immunity, a movant must show that: 1. he pleaded qualified immunity as an affirmative defense; 2. his position with the government enjoys a quasi-judicial status; 3. he was … In responding to an emergency they still were required to obey the safety standards established in article 6701d. We conclude that the officers have not established, as a matter of law, a basis for qualified immunity.

Doe v. S & S Consolidated I.S.D.

149 F. Supp. 2d 274 · District Court, E.D. Texas · Jun 26, 2001

As the Siegert court noted, “[o]nce a defendant pleads ... qualified immunity, ‘[[o]]n summary judgment, [a court] may appropriately determine, not only the currently applicable law, but whether the law was clearly established … Apart from Anderson’s admonition in the narrow qualified immunity context that “right[s][an] official is alleged to have violated must have been ‘clearly established’ in a more particularized ... sense,” Anderson notes too

Chavez v. Jefferson County, Texas

District Court, E.D. Texas · Mar 21, 2023

The qualified immunity defense has two prongs: (1) “whether an official’s conduct violated a statutory or constitutional right of the plaintiff”; and (2) “whether the right was clearly established … Regardless of qualified immunity’s origins, this Court is bound by Fifth Circuit precedent and Supreme Court precedent—both which recognize qualified immunity.

Baylor Scott & White v. Peyton

549 S.W.3d 242 · Court of Appeals of Texas · Apr 19, 2018

We therefore focus our analysis on whether BHCS qualifies for immunity under section 285.072. See itation index="23" url="https://cite. case.law/citations/? … BHCS Does Not Qualify for Immunity under Section 285.072 As set forth above, a hospital district management company is entitled to governmental immunity under the TTCA "in its management or operation of a hospital under a

David L. McCartney, M.D. Darryl Williams, M.D. And Dorma Kohler v. Donald R. May, M.D.

Texas Court of Appeals, 7th District (Amarillo) · Jun 7, 2001

overcome their entitlement to qualified immunity. … (footnote: 4) Appellants have failed to conclusively establish McCartney and Williams’s qualified immunity on May’s substantive due process claims.