Case law

Holguin v. Lopez

584 F. Supp. 2d 921 · District Court, W.D. Texas · Oct 28, 2008

However, qualified immunity shields state actors performing discretionary functions from liability unless their conduct violates “clearly established statutory or constitutional rights of which a reasonable person would have … “Texas law of official immunity is substantially the same as federal qualified immunity law.” Wren v. Towe, 130 F.3d 1154, 1160 (5th Cir.1997).

Duncan v. Goedeke & Cleasey

837 F. Supp. 846 · District Court, S.D. Texas · Nov 22, 1993

Under the doctrine of qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … In order to overcome a defendant official’s qualified immunity from Bivens suits, a plaintiff claiming violation of constitutional rights must first show that these rights were clearly established at the time of the conduct

Powers v. Northside Independent School District

143 F. Supp. 3d 545 · District Court, W.D. Texas · Oct 29, 2015

that Woods’s conduct was objectively unreasonable in light of clearly established law. … Qualified Immunity Defendants argue Plaintiffs’ § 1983 claim against Woods must nevertheless be dismissed because Woods is entitled to qualified immunity for his conduct. The Court agrees.

Baylor College of Medicine v. Tate

77 S.W.3d 467 · Texas Court of Appeals, 1st District (Houston) · May 23, 2002

on the issue of qualified immunity”); Austin Indep. … Clearly, this section applies to, among other things, assertions of immunity from suit. It does not apply to assertions of immunity from liability. Hence, it is necessary to determine the nature of Baylor’s claim.

Jones v. Lopez

262 F. Supp. 2d 701 · District Court, W.D. Texas · Aug 31, 2001

Qualified Immunity Defendants raise for the first time in their Supplemental Motion to Dismiss and/or Motion for Summary Judgment the defense of official or qualified immunity. … Here, defendants have raised qualified immunity as a defense but have not pleaded good faith or established they were acting within the scope of their discretionary authority.

Mossey v. City of Galveston, Tex.

94 F. Supp. 2d 793 · District Court, S.D. Texas · Apr 25, 2000

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

Texas Department of Criminal Justice and Glenda Pierson v. Linda Thomas as Personal Representative for the Estate of Damon Hollimon, and Ashley Dominique Hollimon

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

Hobart v. City of Stafford

784 F. Supp. 2d 732 · District Court, S.D. Texas · Apr 29, 2011

Officials sued in their individual capacities are protected by qualified immunity unless the act violates a constitutional right clearly established at the time. Sanchez v. Swyden, 139 F.3d 464, 466-467 (5th Cir.1998). … To determine whether the plaintiff has overcome the presumption of qualified immunity, the Court first considers whether the plaintiff has proven a violation of a clearly established constitutional right. Collins v.

Shiyan Jiang v. Tex. Comm'n on Envtl. Quality

321 F. Supp. 3d 738 · District Court, W.D. Texas · Aug 13, 2018

Public officials are entitled to qualified immunity when "their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known." Harlow v. … "The second prong of the qualified-immunity analysis asks whether the right in question was 'clearly established' at the time of the violation." Id. at 1866 (quoting Hope v.

Albright v. Texas Department of Human Services

859 S.W.2d 575 · Texas Court of Appeals, 1st District (Houston) · Jul 29, 1993

Clearly, the legislature contemplated that summary judgment is the appropriate procedure in which to determine official immunity. And in his concurrence in Travis v. … School Dist., 894 F.2d 174 , 177 (5th Cir.1990) (because the defense of qualified immunity is immunity from suit, which extends beyond just a defense to include all aspects of civil litigation, qualified immunity questions

Burkett v. City of El Paso

513 F. Supp. 2d 800 · District Court, W.D. Texas · Mar 14, 2007

When defendants claim qualified immunity, a court must first determine whether the plaintiffs have alleged a violation of a clearly established constitutional right. Williams v. … to qualified immunity.

Dear v. City of Irving

902 S.W.2d 731 · Texas Court of Appeals, 3rd District (Austin) · Aug 16, 1995

“This immunity, variously known as governmental, official, quasi-judicial or qualified immunity, evolved out of a public policy that encourages public officers to carry out their duties without fear of personal liability. … Under federal law, the defense of qualified immunity applies only if the officer’s actions involved the exercise of discretionary duties. See Streetman v. Jordan, 918 F.2d 555, 556 (5th Cir.1990).

Black v. Colunga

656 F. Supp. 2d 625 · District Court, E.D. Texas · Aug 28, 2009

With respect to the first step in the qualified immunity analysis, the Plaintiff argued that the Defendants violated his clearly established constitutional rights by failing to protect him from attack. … Majette was reasonable and clearly established law did not indicate that it was objectively unreasonable, thus she is entitled to summary judgment based on qualified immunity.

Jolly v. Klein

923 F. Supp. 931 · District Court, S.D. Texas · Mar 29, 1996

Qualified Immunity Dr. Klein asserts that he is entitled to qualified immunity in this case. … When determining whether qualified immunity is available, the actions of a reasonably competent official are assessed in the light of the legal rules that were clearly established at the time the action was taken.

Kalimah v. CITY OF McKINNEY, TEX.

213 F. Supp. 2d 698 · District Court, E.D. Texas · Aug 2, 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, courts previously considered whether the right was clearly established and, if so, whether, in light of such clearly established law, a reasonable

Waller v. Spears

61 F. Supp. 2d 574 · District Court, E.D. Texas · Jan 14, 1999

Qualified Immunity When a defendant pleads the defense of qualified immunity, the court must first determine whether the plaintiff has alleged a clearly established constitutional right. Siegert v. … Qualified immunity shields officers from a damage suit if they could have reasonably believed their actions to be lawful, in light of clearly established law and the information the arresting officers possessed at the time

City of Brownsville, Texas v. Rio Bravo Subdivision Property Owners Association, on Behalf of 203 Registered Voters in the Rio Bravo Subdivision

Texas Court of Appeals, 13th District · Feb 14, 2008

Declaratory Judgments and Governmental Immunity Governmental entities enjoy immunity from suit unless the legislature has clearly and unambiguously waived such immunity. See, e.g., Tooke v. … This statutory provision clearly and unambiguously authorizes suit against a city for failure to disannex an area, provided that two conditions precedent are satisfied: (1) a majority of qualified voters of the annexed area

United States ex rel. Parikh v. Citizens Medical Center

977 F. Supp. 2d 654 · District Court, S.D. Texas · Sep 20, 2013

If that defense applies to FCA claims, they would have an immunity “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … The qualified immunity standard reflects the defense’s typical application to these cases asserting individual rights: the defense is available for officials “insofar as their conduct does not violate clearly established

Duncan v. Goedeke and Cleasey

837 F. Supp. 846 · District Court, S.D. Texas · Nov 22, 1993

Under the doctrine of qualified immunity, federal officials performing discretionary functions generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory … In order to overcome a defendant official's qualified immunity from Bivens suits, a plaintiff claiming violation of constitutional rights must first show that these rights were clearly established at the time of the conduct

Thomas v. White Ex Rel. White

102 S.W.3d 318 · Texas Court of Appeals, 9th District (Beaumont) · Mar 20, 2003

That may be accomplished, as it was noted in Kilburn and in Brazos, through the state’s derivative assertion of the employee’s qualified or official immunity. Id. … -Houston [14th Dist.] 1995, no writ)(City could appeal where individual employee raised government immunity and qualified immunity).