Fifth Circuit Section 1983 Cases

Torrez v. Barron

No. 3:25-CV-0106-X (N.D. Tex. 2025) · Oct 15, 2025

Motion to dismiss granted in part; court ordered plaintiffs to properly serve Officer Barron individually within 21 days, finding that service on the city secretary of Irving was insufficient for an individual defendant under Rule 4(e)(2)(A); court declined to reach Rule 12(b)(6) arguments until jurisdiction was established through proper service.

Winegarner v. City of Irving

No. 3:24-CV-02171-K-BT (N.D. Tex. 2025) · Aug 20, 2025

Magistrate Judge recommended granting all motions to dismiss: Irving Police Department dismissed as a non-suable entity; City of Irving's Monell liability claims dismissed for failure to identify a specific policy, custom, or training failure; officers' qualified immunity defense sustained on excessive force, wrongful arrest, and malicious prosecution claims; Title VI claim dismissed for failure to allege intentional discrimination.

Ryan v. Lopez

No. 24-40299 (5th Cir. 2025) · Jun 9, 2025

Officers were entitled to qualified immunity where they used force during a traffic stop after the plaintiff physically resisted arrest, even though the initial stop may have been pretextual.

Escalante v. Hammel

No. 24-50505 (5th Cir. 2025) · Jan 15, 2025

Officers were not entitled to qualified immunity on excessive force claims where the plaintiff alleged officers repeatedly tased him while he was restrained and not resisting.

Bailey v. Ramos

No. 23-50185 (5th Cir. 2025) · Jan 10, 2025

Officer was entitled to qualified immunity on unlawful arrest, seizure, First Amendment retaliation, and excessive force claims where plaintiff went to downtown San Antonio specifically to confront police and the officer had arguable probable cause for the arrest.

Degenhardt v. Bintliff

No. 24-40034 (5th Cir. 2024) · Sep 24, 2024

Brothers stated a Fourth Amendment claim that a traffic stop lacked reasonable suspicion, but officers were entitled to qualified immunity on claims regarding vehicle impoundment and First Amendment retaliation for laughing and smirking during the encounter.

Young v. City of Irving

No. 3:23-CV-1423-D (N.D. Tex. 2024) · Sep 12, 2024

Granted motions to dismiss pro se plaintiff's § 1983 claims against the City of Irving and police officers but granted leave to replead; held that video evidence contradicting the plaintiff's allegations of unlawful arrest and excessive force entitled officers to qualified immunity, and that municipal liability claims based on conclusory allegations of policy or custom failed.

Bevill v. Wheeler

103 F.4th 363 (5th Cir. 2024) · Jun 5, 2024

On remand from the initial appeal, the Fifth Circuit addressed additional qualified immunity issues in the First Amendment retaliation conspiracy case, further defining the standards for § 1983 conspiracy claims against public officials who retaliate against government employees for protected speech.

Hughes v. Garcia

101 F.4th 373 (5th Cir. 2024) · May 3, 2024

Officers who filed a false report and warrant affidavit containing reckless misstatements and omissions to arrest a Good Samaritan for felony impersonation of a police officer — while letting the drunk driver go — were not entitled to qualified immunity under the Franks doctrine.

Bryant v. Ditech Financial, L.L.C.

No. 23-10416 (5th Cir. 2024) · Mar 1, 2024

The district court erred in dismissing a quiet-title action where the plaintiff plausibly alleged that the defendant's foreclosure claim on a prior owner's mortgage was time-barred under Texas law.

Terrell v. Town of Woodworth

No. 23-30510 (5th Cir. 2024) · Feb 19, 2024

Addressed qualified immunity and the use of force during a traffic stop, examining whether the officers' conduct was objectively reasonable under the Graham v. Connor framework and whether the right at issue was clearly established.

Barrera v. City of Irving

No. 3:24-CV-0177 (N.D. Tex.) · Jan 25, 2024

Pending civil rights action alleging excessive force and municipal liability against the City of Irving and its officers.

Traylor v. Yorka

No. 22-10783 (5th Cir. 2024) · Jan 19, 2024

Affirmed qualified immunity for an off-duty officer on excessive force and unlawful arrest claims arising from a bar altercation, but reversed denial of qualified immunity on a fabrication-of-evidence claim where the officer's account was disputed by video evidence.

Hodge v. Engleman

90 F.4th 840 (5th Cir. 2024) · Jan 16, 2024

Officers were entitled to qualified immunity for fatally shooting a man who exited his car with a gun and pointed it at an officer after a brief pursuit, where bodycam footage blatantly contradicted the plaintiff's allegations; the court treated the district court's consideration of video evidence on a 12(b)(6) motion as an implicit conversion to summary judgment.

Livingston v. Texas

No. 22-11210 (5th Cir. 2024) · Jan 16, 2024

Officers were entitled to qualified immunity in a fatal shooting where body camera footage 'blatantly contradicted' the plaintiff's allegations that the decedent was complying with commands, showing instead that he exited his car with a gun pointed at the officers.

Sligh v. City of Conroe

No. 22-40518 (5th Cir. 2023) · Nov 21, 2023

While siccing a police dog on a suicidal woman who was not suspected of any crime and posed no threat to officers constituted excessive force, the officer was entitled to qualified immunity because the right was not clearly established under the specific circumstances, which involved active resistance followed by unintentionally prolonged canine force.

Zavala v. Harris County

No. 22-20611 (5th Cir. 2023) · Nov 21, 2023

Affirmed dismissal of Monell claims against Harris County and grant of qualified immunity to a jailer on excessive force claims arising from use of hog-tie restraints on a pretrial detainee, holding that the use of hog-ties was not clearly established as unconstitutional where the detainee exhibited disorderly and self-injurious behavior.

Spiller v. Harris County

No. 22-20123 (5th Cir. 2023) · Jan 1, 2023

Reaffirmed that employees of the same legal entity cannot conspire among themselves under § 1983 and that municipal liability requires identification of an official policy or custom, not merely individual officer misconduct.

Buehler v. Dear

No. 20-50822 (5th Cir. 2022) · Mar 3, 2022

Officers were entitled to qualified immunity on a police-accountability activist's false arrest and excessive force claims arising from his arrest while filming police on a crowded street, but genuine disputes of material fact precluded summary judgment on certain excessive force claims.

Bevill v. Fletcher

26 F.4th 270 (5th Cir. 2022) · Feb 11, 2022

A police captain's First Amendment retaliation claim under § 1983 survived a motion to dismiss where the complaint plausibly alleged that a judge, district attorney, and sheriff conspired to have him fired in retaliation for signing an affidavit critical of their professional relationships.

Spiller v. Harris County, Texas

No. 21-20574 (5th Cir. 2022) · Jan 1, 2022

Employees of the same municipal entity cannot conspire among themselves for purposes of a § 1983 conspiracy claim because a single legal entity cannot conspire with itself.

Stephenson v. McClelland

No. 3:20-CV-3599-S (N.D. Tex.) · Jan 1, 2022

Addressed qualified immunity and pleading standards in a § 1983 excessive force and false arrest case, emphasizing the plaintiff's burden to allege facts sufficient to overcome the qualified immunity defense at the motion to dismiss stage.

Harmon v. City of Arlington

16 F.4th 1159 (5th Cir. 2021) · Oct 26, 2021

An officer who fatally shot a driver while clinging to the side of the driver's fleeing SUV was entitled to qualified immunity because he reasonably perceived a threat of serious physical harm, and plaintiffs failed to identify clearly established law prohibiting deadly force under those specific circumstances.

Maxwell v. Mesquite ISD

No. 3:20-CV-3581-S (N.D. Tex.) · Sep 19, 2021

A school district employee's § 1983 First Amendment retaliation claim was dismissed where the plaintiff failed to adequately allege an official policy or custom that caused the violation, and failed to plead the content of his social media posts to establish they addressed a matter of public concern.

Ordonez v. Gonzalez

No. 20-40624 (5th Cir. 2021) · Aug 25, 2021

Officers were not entitled to qualified immunity where they used deadly force against a suspect who was moving away from them and did not pose an immediate threat at the moment of the shooting.

Prim v. Stein

No. 20-20387 (5th Cir. 2021) · Jul 27, 2021

A deputy had probable cause to arrest a concertgoer for public intoxication where the deputy observed swaying, slurred speech, bloodshot eyes, and the person admitted to drinking; but genuine fact issues remained on the wife's arrest where her symptoms could be attributable to multiple sclerosis.

Kelson v. Clark

No. 20-10764 (5th Cir. 2021) · Jun 17, 2021

Paramedics who refused to treat a visibly injured, homeless, mentally ill man — instead harassing and laughing at him — were not entitled to qualified immunity on a failure-to-provide-medical-care claim after the man died from untreated head trauma in custody.

Meals v. Hale County Sheriff's Office

No. 2:20-CV-00145 (N.D. Tex.) · Jun 1, 2021

A pretrial detainee's § 1983 claims against a county sheriff's office were dismissed where the plaintiff sued a non-suable entity and failed to allege specific facts supporting Monell liability against the county.

Esquivel v. Eastburn

No. SA-20-CV-00377-OLG (W.D. Tex. Apr. 28, 2021) · Apr 28, 2021

A pro se plaintiff's § 1983 claims against state troopers for unlawful arrest, illegal search, and excessive force survived initial screening but were subject to dismissal where the plaintiff failed to state plausible claims against certain defendants.

Batyukova v. Doege

994 F.3d 717 (5th Cir. 2021) · Apr 21, 2021

An off-duty sheriff's deputy was entitled to qualified immunity for using deadly force against a woman who ignored commands and appeared to reach for a weapon during a late-night highway encounter, and for allegedly failing to provide timely medical assistance.

Hutcheson v. Dallas County

No. 20-10383 (5th Cir. 2021) · Apr 12, 2021

Officers who restrained a man under the influence of drugs were entitled to qualified immunity where their conduct did not violate clearly established law, and a single incident was insufficient to establish failure-to-train liability.

Roque v. Harvel

993 F.3d 325 (5th Cir. 2021) · Apr 1, 2021

An officer was not entitled to qualified immunity where he shot and killed a suicidal man during a mental health crisis, because a jury could find the officer's continued firing after the initial shot was objectively unreasonable.

Livingston v. DeSoto Independent School District

No. 3:20-CV-00764 (N.D. Tex.) · Mar 15, 2021

A school district employee's § 1983 claims for retaliation and due process violations were dismissed where she failed to show that her speech addressed a matter of public concern and failed to allege deprivation of a protected property interest without adequate process.

Brown v. Tarrant County

No. 19-10594 (5th Cir. 2021) · Jan 18, 2021

A civilly committed sexually violent predator's § 1983 claims against a county and its sheriff for failure to provide sex offender treatment during a twenty-day jail confinement were properly dismissed where the sheriff was entitled to qualified immunity and no municipal liability claim was stated.

MacCloskey v. City of Dallas

No. 3:19-CV-02063 (N.D. Tex.) · Sep 30, 2020

A plaintiff's § 1983 claims against the City of Dallas were dismissed where she failed to identify a specific municipal policy or custom that was the moving force behind the alleged constitutional violations.

Kostic v. Texas A&M University at Commerce

No. 3:19-CV-2865 (N.D. Tex.) · Jun 15, 2020

A university employee's due process and First Amendment claims were dismissed where she failed to allege facts sufficient to overcome the university's Eleventh Amendment immunity and failed to identify a final policymaker for Monell liability purposes.

Sanchez v. Young County

956 F.3d 785 (5th Cir. 2020) · Apr 22, 2020

Summary judgment for the county on a conditions-of-confinement claim was reversed where evidence showed the jail had a persistent pattern of failing to complete mandatory intake screenings, and a pretrial detainee died of a drug overdose after jailers put her in a cell to 'sleep it off' without completing suicide screening or medical intake forms.

Ratliff v. Aransas County

948 F.3d 281 (5th Cir. 2020) · Jan 15, 2020

Deputies were entitled to qualified immunity where they shot a man five times after he refused to drop a loaded pistol during a domestic violence call, despite his later acquittal on criminal charges.

Cole v. Carson

935 F.3d 444 (5th Cir. 2019) · Aug 20, 2019

Officers who shoot a suicidal teenager without warning — when the teen poses no threat and is unaware of the officers' presence — violate clearly established law, and disputed facts about the shooting must go to a jury.

Rich v. Palko

920 F.3d 288 (5th Cir. 2019) · Apr 3, 2019

Officers were entitled to qualified immunity when they used force to transport an incapacitated person with severe mental disabilities to a psychiatric facility, where the person's caretaker had called 911 requesting police assistance with the transport.

Westfall v. Luna

903 F.3d 534 (5th Cir. 2018) · Sep 13, 2018

Reversed summary judgment on false arrest claims where fact issues existed on probable cause; affirmed qualified immunity on excessive force (de minimis injury from assisting officer), First Amendment retaliation (force motivated by conduct not speech), denial of medical treatment (45-minute delay not deliberately indifferent), and failure to train claims against the City.

Littell v. Houston Independent School District

894 F.3d 616 (5th Cir. 2018) · Jun 27, 2018

A school district's complete failure to provide Fourth Amendment training to employees who conduct student searches plausibly states a failure-to-train claim under § 1983, even without a pattern of prior violations.

Rose v. Herrera

No. EP-17-CV-00289 (W.D. Tex.) · Mar 15, 2018

Officers were not entitled to qualified immunity at the motion to dismiss stage where the plaintiff alleged officers used excessive force during an arrest, and the factual allegations, taken as true, stated a plausible Fourth Amendment violation.

Winfrey v. Rogers

No. 16-20702 (5th Cir. 2018) · Feb 5, 2018

Vacated summary judgment for a deputy who signed arrest warrant affidavits containing material omissions and misstatements, holding that the corrected affidavit would not have established probable cause and that the independent intermediary doctrine did not apply where the grand jury was not presented with all material facts.

Peña v. City of Rio Grande City

879 F.3d 613 (5th Cir. 2018) · Jan 12, 2018

The district court erred in disregarding a plaintiff's proposed amended complaint; when the amended complaint stated plausible excessive force claims against officers who tased a woman during a family dispute, the case should proceed to qualified immunity analysis.

Skyy v. City of Arlington

No. 17-10529 (5th Cir. 2017) · Nov 9, 2017

Pro se plaintiffs' § 1983 claims against the city were dismissed because they relied on a respondeat superior theory—that city officers violated city personnel manual policies—rather than identifying a municipal policy or custom that was the moving force behind the alleged constitutional violations.

Fuentes v. Nueces County

690 F. App'x 775 (5th Cir. 2017) · Apr 27, 2017

A county was not liable under § 1983 for a pretrial detainee's jail suicide where the plaintiffs failed to establish that any official county policy or custom was the moving force behind the constitutional violation.

Alexander v. City of Round Rock

854 F.3d 298 (5th Cir. 2017) · Apr 18, 2017

Officers were not entitled to qualified immunity on excessive force claims where plaintiff alleged he was forcibly removed from his vehicle, pinned face-down, and had a knee pressed on his neck during a traffic stop despite offering no physical resistance.

Hanks v. Rogers

853 F.3d 738 (5th Cir. 2017) · Apr 5, 2017

An officer was not entitled to qualified immunity where he used a physical 'half spear' takedown against a passively resisting motorist who posed no immediate threat, had his empty hands displayed behind his back, and was stopped for only a minor traffic violation.

Turner v. Driver

848 F.3d 678 (5th Cir. 2017) · Feb 16, 2017

The First Amendment protects the right to record the police, subject only to reasonable time, place, and manner restrictions — and this right is clearly established going forward in the Fifth Circuit.

Childers v. Iglesias

848 F.3d 412 (5th Cir. 2017) · Feb 9, 2017

A rancher's § 1983 false arrest claim was properly dismissed where the facts alleged in the complaint established that the officer had probable cause to arrest for interfering with police duties, even though the charges were later dropped.

Allen v. Cisneros

815 F.3d 239 (5th Cir. 2016) · Mar 9, 2016

Officers were entitled to qualified immunity where they had arguable probable cause to arrest a street preacher for violating Houston's demonstration ordinance and for interfering with police duties.

Brooks v. City of West Point, Mississippi

639 F. App'x 986 (5th Cir. 2016) · Feb 11, 2016

Officers were not entitled to qualified immunity on an excessive force claim where, viewing the facts in the plaintiff's favor, the plaintiff was grabbed, slammed against a garage door, and forced to the ground while not physically resisting, but were entitled to qualified immunity on the unlawful arrest claim where arguable probable cause existed for disorderly conduct.

Vincent v. City of Sulphur

No. 15-30182 (5th Cir. 2015) · Oct 28, 2015

Reversed denial of qualified immunity on procedural due process and municipal liability claims arising from a no-trespass order prohibiting a citizen from entering city-owned property, holding that the law regarding due process requirements for such orders was not clearly established.

Carroll v. Ellington

800 F.3d 154 (5th Cir. 2015) · Aug 26, 2015

Deputies were entitled to qualified immunity on unlawful search and seizure claims and most excessive force claims arising from a fatal confrontation with a paranoid schizophrenic in his home, but not on excessive force claims for force used after the suspect was subdued and ceased resisting.

Curran v. Aleshire

800 F.3d 656 (5th Cir. 2015) · Aug 25, 2015

A school resource officer's interlocutory appeal of a denied qualified immunity claim was dismissed for lack of jurisdiction where the officer challenged the genuineness rather than the materiality of factual disputes regarding his use of force against a high school student.

Culbertson v. Lykos

790 F.3d 608 (5th Cir. 2015) · Jun 22, 2015

Former crime lab employees stated a plausible § 1983 First Amendment retaliation claim against Harris County based on the Commissioners Court's ratification of the district attorney's alleged retaliatory campaign, but the assistant district attorney was entitled to qualified immunity because it was not clearly established that a non-final-decision-maker could be individually liable for a recommendation leading to adverse action.

Pinedo v. City of Dallas

No. 3:14-CV-0958-D (N.D. Tex. 2015) · Jan 15, 2015

The City of Dallas was dismissed from a Section 1983 deadly force case because the plaintiff failed to plead facts establishing that a municipal policy or custom was the moving force behind officers' use of deadly force against a mentally impaired, unarmed person.

Chacon v. Copeland

577 F. App'x 355 (5th Cir. 2014) · Aug 11, 2014

The district court properly denied qualified immunity to officers on excessive force claims where the plaintiff alleged he was beaten while compliant and not resisting arrest.

Wafer v. Molina

No. 3:14-CV-0976-M-BH (N.D. Tex. 2014) · Jun 13, 2014

Recommended dismissal of § 1983 false arrest and unlawful detention claims as frivolous under 28 U.S.C. § 1915(e)(2), holding that official-capacity claims against officers are treated as claims against the municipality, that police departments are not suable entities, and that a county jail is not a legal entity capable of being sued.

Jabary v. City of Allen

No. 12-41054 (5th Cir. 2013) · Nov 25, 2013

A business owner stated a procedural due process claim where city officials revoked his Certificate of Occupancy without adequate pre-deprivation process, but failed to state substantive due process, equal protection, or conspiracy claims.

Russell v. Altom

546 F. App'x 432 (5th Cir. 2013) · Oct 4, 2013

A grand jury indictment establishes probable cause sufficient to defeat both Fourth Amendment false arrest and First Amendment retaliation claims under § 1983, unless the plaintiff can show the grand jury's deliberations were tainted by law enforcement withholding relevant information.

Pagan-Negron v. Seguin Independent School District

No. SA-12-CV-055-XR (W.D. Tex. 2013) · Sep 24, 2013

A school district was entitled to summary judgment on claims under the Individuals with Disabilities Education Act (IDEA) where the parent participated in the ARD process and the district provided appropriate educational services.

Whitley v. Hanna

726 F.3d 631 (5th Cir. 2013) · Aug 12, 2013

Recognized that a Brady violation—withholding material exculpatory evidence—can support a § 1983 claim where the plaintiff can show the evidence was suppressed, it was favorable to the accused, and the suppression resulted in prejudice; reversed summary judgment for defendants on fabrication-of-evidence and Brady claims.

Ramirez v. Martinez

716 F.3d 369 (5th Cir. 2013) · May 15, 2013

A deputy was not entitled to qualified immunity on excessive force claims where he tased a business owner twice — including once while the owner was handcuffed and lying face-down — during an encounter at the owner's own business; but the deputy had arguable probable cause for the arrest.

Hicks v. Stahl

No. 3:11-CV-02703-P (N.D. Tex. 2012) · Nov 13, 2012

All claims dismissed with prejudice: § 1983 claims against the City of Irving failed for lack of an identified policy, custom, or policymaker under Monell; § 1983 claims against the officers were barred by Heck v. Humphrey because plaintiff's underlying criminal conviction had not been reversed; state law claims against the City were barred by sovereign immunity, and state law claims against the officers were barred by the TTCA election-of-remedies provision.

Poole v. City of Shreveport

691 F.3d 624 (5th Cir. 2012) · Aug 16, 2012

Officers were entitled to qualified immunity on excessive force claims arising from an arrest following a traffic stop, where a videotape showed the plaintiff's account of events was contradicted by the objective record.

Collins v. Bauer

No. 3:11-CV-00887-B (N.D. Tex. 2012) · Jan 23, 2012

A motorcyclist's § 1983 excessive force and conspiracy claims against Dallas police officers survived motions to dismiss where the complaint alleged officers chased the plaintiff in violation of department policy, rammed his motorcycle, and beat him while he lay spread-eagled on the ground.

Swilley v. City of Houston

457 F. App'x 400 (5th Cir. 2012) · Jan 1, 2012

Employees of the same legal entity cannot conspire among themselves under § 1983; the City of Houston is a single legal entity and its employees cannot form a conspiracy as a matter of law.

Morgan v. Swanson

659 F.3d 359 (5th Cir. 2011) · Oct 27, 2011

Public school officials who prevent students from distributing religious materials during non-instructional time violate clearly established First Amendment rights — schools may not suppress private religious expression solely because of its religious viewpoint.

Barrios-Barrios v. Clipps

825 F. Supp. 2d 730 (E.D. La. 2011) · Oct 20, 2011

Section 1983 excessive force and unlawful detention claims arising from a police encounter in New Orleans; the court analyzed the claims under the Graham v. Connor objective reasonableness standard and addressed qualified immunity for the individual officers.

Carnaby v. City of Houston

636 F.3d 183 (5th Cir. 2011) · Mar 22, 2011

Summary judgment was properly granted for the City of Houston and its officers in a § 1983 excessive force case arising from a fatal police shooting where the decedent fled from a traffic stop, led police on a high-speed chase, and was armed.

Lago-Planas v. Crocker

No. 3:09-CV-2075-G-BK (N.D. Tex.) · Mar 15, 2011

Officers were entitled to summary judgment on false arrest, excessive force, and denial of medical care claims where the evidence showed probable cause existed, force was reasonable, and the plaintiff's injuries did not require immediate medical treatment.

Gentilello v. Rege

627 F.3d 540 (5th Cir. 2010) · Dec 1, 2010

A tenured professor who was demoted from administrative chair positions failed to state a due process claim under § 1983 because he did not adequately plead a constitutionally protected property interest in the chair positions beyond his underlying tenured professorship.

Zarnow v. City of Wichita Falls

614 F.3d 161 (5th Cir. 2010) · Aug 9, 2010

Affirmed summary judgment for the City where the police chief was found to be a policymaker but the plaintiff failed to establish a custom or policy of unconstitutional plain-view seizures; articulated standards for failure-to-train liability requiring specificity about how the training program was defective.

Valle v. City of Houston

613 F.3d 536 (5th Cir. 2010) · Jul 30, 2010

Affirmed summary judgment for the City of Houston on § 1983 claims arising from a fatal police shooting of a mentally ill man, articulating the three-element test for municipal liability: (1) an official policy or custom, (2) a policymaker with actual or constructive knowledge, and (3) a constitutional violation whose moving force is the policy or custom.

Davenport v. City of Garland, Texas

No. 3:09-CV-798-B (N.D. Tex. 2010) · Apr 9, 2010

A prisoner's § 1983 excessive force claims against a city were dismissed for failure to plead any facts identifying the final policymaker, showing a pattern of similar violations, or establishing a direct causal link between a municipal policy or custom and the constitutional violation.

Lone Star Fund V (U.S.), L.P. v. Barclays Bank PLC

594 F.3d 383 (5th Cir. 2010) · Jan 11, 2010

When contractual documents contain both representations about the quality of assets and remedial 'repurchase or substitute' clauses, the entire agreement must be read together — isolated representations cannot be treated as misrepresentations when the contract provides a sole remedy for their breach.

Peterson v. City of Fort Worth

588 F.3d 838 (5th Cir. 2009) · Nov 17, 2009

Even where officers may have used excessive force during an arrest, the plaintiff cannot recover against the municipality under Monell without proving that a city policy, practice, or custom was the moving force behind the constitutional violation.

James v. Harris County

No. 07-20725 (5th Cir. 2009) · Aug 4, 2009

A county was not liable under Monell for a deputy's shooting even where the sheriff allegedly failed to investigate officer-involved shootings, because the evidence was insufficient to show that the failure to investigate was the moving force behind the deputy's use of force.

Gonzalez v. Kay

577 F.3d 600 (5th Cir. 2009) · Aug 3, 2009

A debt collection letter sent on a law firm's letterhead, with a disclaimer on the back stating no attorney had reviewed the account, could constitute a false, deceptive, or misleading representation under the Fair Debt Collection Practices Act.

Goodman v. Harris County

571 F.3d 388 (5th Cir. 2009) · Jul 2, 2009

A jury instruction asking whether an officer's use of force was 'clearly excessive and objectively unreasonable' properly submitted the qualified immunity issue to the jury; the jury's finding of excessive force was affirmed.

Club Retro, L.L.C. v. Hilton

568 F.3d 181 (5th Cir. 2009) · May 28, 2009

A nightclub's § 1983 claims against city officials for allegedly retaliatory enforcement actions were properly dismissed where the nightclub failed to establish that the officials' actions lacked a legitimate basis or were motivated by constitutionally impermissible purposes.

Deville v. Marcantel

567 F.3d 156 (5th Cir. 2009) · May 1, 2009

The Fifth Circuit reversed summary judgment for officers on false arrest and excessive force claims arising from a traffic stop where evidence showed the officer may have lacked probable cause for speeding and used disproportionate force to extract a passively resisting woman from her car, but affirmed dismissal of municipal liability claims.

United States v. Hearn

No. 08-30369 (5th Cir. 2009) · Mar 11, 2009

Affirmed denial of motions to suppress evidence seized during and shortly after arrests of methamphetamine defendants, upholding the legality of surveillance operations and arrests supported by confidential informant information and controlled purchases.

Graham v. City of Irving

No. 3:07-CV-0834-D (N.D. Tex.) · Sep 30, 2008

In a § 1983 excessive force case, the plaintiff must show (1) an injury (2) resulting directly from clearly excessive force (3) the excessiveness of which was objectively unreasonable; the city cannot be liable under Monell absent a policy or custom that was the moving force behind the violation.

Mesa v. Prejean

543 F.3d 264 (5th Cir. 2008) · Sep 23, 2008

Where factual disputes exist about whether an officer had probable cause to arrest someone for criminal trespass or disturbing the peace, summary judgment based on qualified immunity is inappropriate; protected speech cannot be the true basis for an arrest.

Spencer v. Rau

542 F. Supp. 2d 583 (W.D. Tex. 2007) · Dec 1, 2007

Officers were entitled to qualified and official immunity where they arrested a Good Samaritan nurse who refused to leave an accident scene, shoved an officer, and broke free of the officer's grip, because probable cause existed for interfering with public duties and the force used to handcuff the plaintiff was not excessive.

In re Katrina Canal Breaches Litigation

495 F.3d 191 (5th Cir. 2007) · Aug 2, 2007

A complaint must state a claim for relief that is plausible on its face, with all well-pleaded facts assumed true and viewed in the light most favorable to the plaintiff.

In re Katrina Canal Breaches Litigation (Vanderbrook v. Unitrin Preferred Ins. Co.)

495 F.3d 191 (5th Cir. 2007) · Aug 2, 2007

Established the standard for evaluating pleadings under Rule 12(b)(6) in the Fifth Circuit, requiring courts to accept all well-pleaded facts as true and view them in the light most favorable to the plaintiff.

Freeman v. Gore

483 F.3d 404 (5th Cir. 2007) · Apr 2, 2007

Deputies were not entitled to qualified immunity on an unlawful arrest claim where they arrested a bystander mother without probable cause at her own home while attempting to serve a felony warrant on her son, but were entitled to qualified immunity on the excessive force claim.

Palo ex rel. Estate of Palo v. Dallas County

No. 3:05-CV-0527-D (N.D. Tex. 2006) · Dec 15, 2006

A pretrial detainee's estate could proceed to trial on a Fourteenth Amendment conditions-of-confinement claim where the county jail failed to provide adequate medical care to a detainee with serious medical conditions, resulting in his death.

Michalik v. Hermann

422 F.3d 252 (5th Cir. 2005) · Aug 17, 2005

Officers who neither prepared nor presented a search warrant application cannot be held liable under Malley v. Briggs for the warrant's lack of probable cause; only the affiant or the person who actually prepared the application may be liable.

United States v. Lopez-Moreno

420 F.3d 420 (5th Cir. 2005) · Aug 8, 2005

A traffic stop is justified at its inception when an officer has an objectively reasonable suspicion that a traffic violation has occurred or is about to occur; witnessing a traffic violation—such as non-functioning brake lights—provides sufficient reasonable suspicion.

Tarver v. City of Edna

410 F.3d 745 (5th Cir. 2005) · May 25, 2005

Officers were entitled to qualified immunity on unlawful arrest and handcuffing claims during a custody dispute, but genuine issues of material fact precluded qualified immunity on excessive force claims where an officer allegedly slammed a police car door on a handcuffed detainee's foot and head.

Estate of Davis ex rel. McCully v. City of North Richland Hills

406 F.3d 375 (5th Cir. 2005) · Apr 11, 2005

Supervisory officials were entitled to qualified immunity where the record could not support a conclusion that supervisory liability would attach for a SWAT officer's shooting during execution of a no-knock warrant.

Martin K. Eby Construction Co. v. Dallas Area Rapid Transit

369 F.3d 464 (5th Cir. 2004) · Apr 29, 2004

A contractor must exhaust administrative remedies established by a regional transportation authority's procurement regulations and incorporated into the parties' contract before filing a breach-of-contract action in court.

Keane v. Fox Television Stations, Inc.

297 F. Supp. 2d 921 (S.D. Tex. 2004) · Jan 8, 2004

A complaint must contain either direct allegations on every material point necessary to sustain a recovery or allegations from which an inference may fairly be drawn that evidence on these material points will be introduced at trial.

United States v. Lugo

289 F. Supp. 2d 790 (S.D. Tex. 2003) · Oct 17, 2003

Denied motion to suppress statements made by a defendant who was questioned as part of the BORCAP program at a county jail, finding that Miranda warnings were properly administered and that the defendant's waiver of his right to counsel was knowing and voluntary.

Burge v. St. Tammany Parish

336 F.3d 363 (5th Cir. 2003) · Jun 25, 2003

The Fifth Circuit reversed a § 1983 judgment against a sheriff in his official capacity for depriving a criminal defendant of his right to a fair trial through spoliation of evidence, finding the evidence insufficient to establish the constitutional violation.

Pineda v. City of Houston

291 F.3d 325 (5th Cir. 2002) · May 9, 2002

A municipality was not liable under Monell for an unconstitutional warrantless entry and fatal shooting by officers on a gang task force, where the plaintiffs failed to show a city policy or custom was the moving force behind the officers' decision to enter the home without a warrant.

Keenan v. Tejeda

290 F.3d 252 (5th Cir. 2002) · Apr 23, 2002

Citizens who reported a constable's wrongdoing and were then subjected to a retaliatory felony traffic stop and prosecution stated a First Amendment retaliation claim under § 1983, and fact questions precluded qualified immunity.

Glenn v. City of Tyler

242 F.3d 307 (5th Cir. 2001) · Feb 22, 2001

Officers were not entitled to qualified immunity on claims of unlawful arrest without probable cause for family violence assault and excessive force from overly tight handcuffing where genuine issues of material fact existed.

Piotrowski v. City of Houston

237 F.3d 567 (5th Cir. 2001) · Jan 8, 2001

To establish Monell liability in the Fifth Circuit, a plaintiff must show: (1) an official policy or widespread practice constituting a 'custom'; (2) a policymaker who can be charged with actual or constructive knowledge of the custom; and (3) a constitutional violation whose 'moving force' was the policy or custom.

Gonzales v. Westbrook

118 F. Supp. 2d 728 (W.D. Tex. 2000) · Nov 1, 2000

A county was not liable under § 1983 for a deputy's alleged excessive force against a 12-year-old boy where the plaintiffs failed to show that the county's customs and policies regarding training and supervision were inadequate and directly caused the constitutional injury.

Brown v. Bryan County (On Remand)

219 F.3d 450 (5th Cir. 2000) · Jul 18, 2000

On remand from the Supreme Court's decision in Board of the County Commissioners of Bryan County v. Brown, the Fifth Circuit addressed whether the jury's verdict against the county could be sustained under the Supreme Court's heightened deliberate-indifference standard for single-hiring-decision municipal liability.

Piazza v. Mayne

217 F.3d 239 (5th Cir. 2000) · Jun 26, 2000

A wildlife enforcement agent was entitled to qualified immunity on a malicious prosecution claim where he had arguable probable cause to initiate the prosecution, even though the charges were ultimately dismissed.

Mendenhall v. Riser

213 F.3d 226 (5th Cir. 2000) · May 30, 2000

Officers who had arguable probable cause to arrest a suspect for murder were entitled to qualified immunity, even though the suspect was later exonerated at a preliminary hearing when another person confessed.

Gros v. City of Grand Prairie

209 F.3d 431 (5th Cir. 2000) · Apr 25, 2000

A police chief was entitled to qualified immunity on a deliberate-indifference-in-hiring claim where the hired officer's pre-employment file, though containing red flags, did not establish a strong causal connection between his background and the specific constitutional violations (sexual assault, excessive force) he later committed.

Anderson v. Pasadena Independent School District

184 F.3d 439 (5th Cir. 1999) · Aug 5, 1999

A public employee's speech on matters of public concern is protected under the First Amendment, and the district court erred in dismissing First Amendment claims based on the Pickering balancing test without a sufficient factual record.

Smith v. Brenoettsy

No. 97-30587 (5th Cir. 1998) · Nov 5, 1998

An interlocutory appeal from denial of qualified immunity to a prison warden on a failure-to-supervise claim was dismissed for lack of jurisdiction because the warden raised only factual disputes—not separable legal issues—regarding whether he acted with deliberate indifference after receiving letters warning him of a guard's threats.

Benningfield v. City of Houston

157 F.3d 369 (5th Cir. 1998) · Oct 6, 1998

A plaintiff pursuing a municipal liability claim based on failure to train must demonstrate a pattern of similar violations to establish deliberate indifference, and a single incident of excessive force is generally insufficient to prove a municipal custom or policy.

Snyder v. Trepagnier

142 F.3d 791 (5th Cir. 1998) · May 8, 1998

The city was not liable under Monell for the shooting of a fleeing suspect because the plaintiff failed to establish deliberate indifference or a causal link between the city's hiring, screening, or stress management policies and the constitutional violation; the officer was entitled to qualified immunity because the jury could reconcile findings of excessive force and qualified immunity based on the officer's reasonable but mistaken belief the suspect was armed.

Thompson v. City of Galveston

No. G-97-171 (S.D. Tex. 1997) · Dec 12, 1997

Claims of false arrest, false imprisonment, and malicious prosecution on behalf of a mother who pled nolo contendere were barred by Heck v. Humphrey; claims on behalf of a minor who confessed to murders under alleged coercion were dismissed for failure to state a claim where confession was later contradicted by another suspect's admission.

Spiller v. City of Texas City Police Department

130 F.3d 162 (5th Cir. 1997) · Dec 1, 1997

Probable cause exists when the totality of facts and circumstances within a police officer's knowledge at the moment of arrest are sufficient for a reasonable person to conclude that the suspect had committed or was committing an offense; officers who arrested a suspect based on eyewitness identification and surrounding circumstances had probable cause.

Siglar v. Hightower

112 F.3d 191 (5th Cir. 1997) · May 8, 1997

A prisoner's bruised and sore ear lasting three days constituted a de minimis injury insufficient to support an Eighth Amendment excessive force claim or to meet the physical injury requirement of the Prison Litigation Reform Act for mental or emotional suffering claims.

Huong v. City of Port Arthur

961 F. Supp. 1003 (E.D. Tex. 1997) · Apr 15, 1997

An officer's use of deadly force against a mentally ill man armed with a knife and hot grease was objectively reasonable where the officer was cornered and believed the man was about to throw grease at him; the city was not liable under Monell because no constitutional violation occurred and no failure-to-train was shown.

Baker v. Putnal

75 F.3d 190 (5th Cir. 1996) · Feb 15, 1996

Summary judgment was improperly granted on an excessive force claim where genuine issues of material fact existed regarding whether a police officer's shooting of an unarmed man was objectively reasonable under the Fourth Amendment.

Eugene v. Alief Independent School District

65 F.3d 1299 (5th Cir. 1995) · Oct 6, 1995

Malicious prosecution, false arrest, and bodily harm are actionable under § 1983 as Fourth and Fourteenth Amendment violations; a school district cannot be liable under Monell absent evidence of an official policy or custom causing the violation.

United States v. Wadley

No. 94-10573 (5th Cir. 1995) · Jul 13, 1995

Affirmed denial of motion to suppress, holding that officers had probable cause to arrest the defendant during a massive police undercover operation at a housing complex based on observed conduct consistent with narcotics activity.

Hale v. Townley

45 F.3d 914 (5th Cir. 1995) · Feb 21, 1995

Government officials who conspire with private parties to violate constitutional rights can be held liable under § 1983; the private party can also be liable if they acted jointly with state actors under color of law.

Campbell v. City of San Antonio

43 F.3d 973 (5th Cir. 1995) · Jan 19, 1995

A plaintiff's § 1983 false arrest and malicious prosecution claims were properly dismissed where the detective had probable cause based on identification procedures, even though the plaintiff was ultimately innocent and was a victim of mistaken identity.

Blackburn v. City of Marshall

42 F.3d 925 (5th Cir. 1995) · Jan 12, 1995

A wrecker service operator stated a viable § 1983 claim based on First Amendment retaliation when he was removed from the city's towing rotation after complaining to the police chief about the bidding process, but his due process claims failed because he had no protected property interest in remaining on the rotation list.

Babb v. Dorman

33 F.3d 472 (5th Cir. 1994) · Sep 19, 1994

An officer who had arguable probable cause to arrest a motorist for public intoxication was entitled to qualified immunity, and the city was not liable under Monell absent evidence of an unconstitutional policy or custom.

Hilliard v. Ferguson

30 F.3d 649 (5th Cir. 1994) · Sep 8, 1994

A school board's policy of individually reviewing the circumstances of each applicant's felony conviction before making employment decisions was rationally related to the legitimate interest of protecting schoolchildren and did not violate equal protection; a school board cannot conspire with its own employees under § 1985(3).

Tuchman v. DSC Communications Corp.

14 F.3d 1061 (5th Cir. 1994) · Feb 25, 1994

Affirmed dismissal of securities fraud class action for failure to adequately plead scienter and for failure to plead fraud with sufficient particularity under Rule 9(b), establishing important Fifth Circuit standards for pleading requirements in complex litigation.

Burns-Toole v. Byrne

11 F.3d 1270 (5th Cir. 1994) · Jan 19, 1994

A dental license applicant's claims of religious discrimination during the state licensing examination were properly dismissed where no evidence supported the allegation that examiners knew of or discriminated based on the applicant's religious beliefs.

Presley v. City of Benbrook

4 F.3d 405 (5th Cir. 1993) · Oct 14, 1993

A jury's finding that officers' conduct was objectively unreasonable did not preclude a simultaneous finding that the officers were entitled to qualified immunity; the jury may decide disputed factual issues relating to immunity when properly instructed.

Fernandez-Montes v. Allied Pilots Ass'n

987 F.2d 278 (5th Cir. 1993) · Apr 5, 1993

A district court may not dismiss a complaint at a pretrial conference without providing the procedural protections required by Rule 56 if the dismissal effectively constitutes summary judgment; leave to amend should be freely given when justice requires under Foman v. Davis.

Salas v. Carpenter

980 F.2d 299 (5th Cir. 1992) · Dec 16, 1992

A sheriff who commanded police efforts to free a hostage was entitled to qualified immunity where the hostage was killed by her abductor, because the plaintiff failed to state a claim for deprivation of constitutional rights arising from the failed rescue operation.

Fraire v. City of Arlington

957 F.2d 1268 (5th Cir. 1992) · Apr 10, 1992

A plainclothes officer who shot and killed a fleeing DWI suspect was entitled to qualified immunity where the suspect drove his truck at the officer, and the city was not liable under Monell absent specific evidence of a policy or custom causing the violation.

Pfannstiel v. City of Marion

918 F.2d 1178 (5th Cir. 1990) · Dec 12, 1990

Officers were not entitled to qualified immunity where genuine issues of material fact existed regarding whether they used excessive force and conducted unlawful searches during a confrontation with citizens in Marion, Texas.

Gladden v. Roach

864 F.2d 1196 (5th Cir. 1989) · Jan 17, 1989

Routine booking questions seeking biographical information (name, address, date of birth) do not constitute interrogation under the Fifth Amendment and Miranda, so an arrestee has no constitutional right to refuse to answer them; however, detention for 87 hours before arraignment violated the arrestee's rights.

Lynch v. Cannatella

810 F.2d 1363 (5th Cir. 1987) · Feb 27, 1987

Even excludable aliens physically present in the United States are entitled to due process protection from gross physical abuse by state or federal officials — and harbor police who subjected Jamaican stowaways to beatings, hosing, forced labor, and drugging could not claim qualified immunity.

Jackson v. Procunier

789 F.2d 307 (5th Cir. 1986) · May 9, 1986

A prisoner stated a First Amendment and due process claim where prison officials deliberately interfered with his legal mail, causing him to miss a court deadline, thus depriving him of his right to access the courts.

Raley v. Fraser

747 F.2d 287 (5th Cir. 1984) · Nov 26, 1984

Where an officer used four choke holds and caused bruises and scrapes during an arrest for public intoxication, the force constituted assault and battery under state law but did not rise to the level of a Section 1983 excessive force violation under then-existing precedent requiring severe injuries.

Bennett v. City of Slidell

735 F.2d 861 (5th Cir. 1984) · Jul 9, 1984

A municipality is liable under § 1983 only for deprivations inflicted pursuant to official policy—either an officially adopted policy or a persistent, widespread practice so common as to constitute a custom with actual or constructive knowledge attributable to the governing body or a delegated policymaker.

Webster v. City of Houston

735 F.2d 838 (5th Cir. 1984) (en banc) · Jul 9, 1984

En banc decision establishing the framework for municipal liability under § 1983, defining 'official policy' as both formally adopted regulations and persistent, widespread practices so common and well-settled as to constitute a custom that fairly represents municipal policy.

Kaiser Aluminum & Chemical Sales, Inc. v. Avondale Shipyards, Inc.

677 F.2d 1045 (5th Cir. 1982) · Jun 7, 1982

An antitrust counterclaim was properly dismissed as time-barred, and an antitrust defense was properly struck, where the party asserting both failed to file within the applicable limitations period and the defense was not cognizable under Rule 12(f).

United States v. Tinkle

655 F.2d 617 (5th Cir. 1981) · Sep 8, 1981

Addressed Fourth Amendment suppression issues involving firearms and statements seized during and after arrests of defendants charged with conspiracy to obstruct communication of information to ATF investigators and to injure an informant.

United States v. Morris

477 F.2d 657 (5th Cir. 1973) · Apr 17, 1973

Affirmed conviction for possession of an unregistered automatic rifle, holding that the seizure of the weapon was incident to a lawful arrest and that the registration requirements of the National Firearms Act did not violate the defendant's Fifth Amendment privilege against self-incrimination.

Nelson Radio & Supply Co. v. Motorola, Inc.

200 F.2d 911 (5th Cir. 1952) · Dec 17, 1952

A corporation cannot conspire with its own officers and agents under Section 1 of the Sherman Act; discussions among those managing a single corporation about its business policies do not constitute a conspiracy in restraint of trade.