Section 1983 Cases That Were Dismissed

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.

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.

Gonzalez v. Trevino

602 U.S. ___ (2024) · Jun 20, 2024

A plaintiff can use any objective evidence — not just strict comparator evidence — to show she was arrested when similarly situated individuals not engaged in the same protected speech had not been, thereby satisfying the narrow Nieves exception.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Hernandez v. Mesa

589 U.S. 93 (2020) · Feb 25, 2020

The Court refused to extend Bivens to a cross-border shooting claim, leaving the family without a damages remedy against the federal officer.

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.

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.

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.

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.

Case v. City of New York

233 F. Supp. 3d 372 (S.D.N.Y. 2017) · Feb 10, 2017

Plaintiffs stated viable § 1983 claims against NYPD officers and the City of New York for unlawful arrests during Occupy Wall Street protests, and the court applied Pullman abstention to related First Amendment challenges to protest regulations.

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.

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.

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.

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.

Walters v. McMahen

795 F. Supp. 2d 350 (D. Md. 2011) · Jul 14, 2011

Dismissed civil RICO class action alleging that corporate employees conspired to hire illegal immigrants to depress wages, holding that the intracorporate conspiracy doctrine bars conspiracy claims among employees of the same corporation acting within the scope of their employment.

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.

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.

Ashcroft v. Iqbal

556 U.S. 662 (2009) · May 18, 2009

A complaint must plead facts that make a claim plausible, not merely possible — conclusory allegations and legal labels are not enough.

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.

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.

Bell Atlantic Corp. v. Twombly

550 U.S. 544 (2007) · May 21, 2007

A complaint must plead enough facts to state a claim that is plausible on its face — bare assertions and conclusory allegations are not enough to survive a motion to dismiss.

Wallace v. Kato

549 U.S. 384 (2007) · Feb 21, 2007

A Section 1983 false-arrest or false-imprisonment claim accrues when the plaintiff is detained pursuant to legal process, such as arraignment, not when the criminal charges are later dismissed, and Heck v. Humphrey does not delay accrual based on a conviction that has not yet occurred.

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.

Hartman v. Moore

547 U.S. 250 (2006) · Apr 26, 2006

A plaintiff alleging retaliatory prosecution in violation of the First Amendment must plead and prove that the underlying criminal charge was not supported by probable cause.

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.

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.

Devenpeck v. Alford

543 U.S. 146 (2004) · Dec 13, 2004

A warrantless arrest is reasonable under the Fourth Amendment if there is probable cause to believe that any crime has been or is being committed, regardless of whether that offense is 'closely related' to the offense the officer states at the time of arrest.

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.

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.

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.

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.

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.

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).

Heck v. Humphrey

512 U.S. 477 (1994) · Jun 24, 1994

A § 1983 claim for damages is barred if success on that claim would necessarily imply the invalidity of an existing criminal conviction — the conviction must first be reversed or invalidated.

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.

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.

Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

507 U.S. 163 (1993) · Mar 3, 1993

Federal courts may not apply a heightened pleading standard to § 1983 claims alleging municipal liability — the ordinary notice pleading requirements of Federal Rule 8(a)(2) apply.

Will v. Michigan Department of State Police

491 U.S. 58 (1989) · Jun 15, 1989

Neither a state nor its officials acting in their official capacity are 'persons' under § 1983 — meaning § 1983 cannot be used to sue states or state officials in their official capacity for money damages.

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.

Kentucky v. Graham

473 U.S. 159 (1985) · Jun 28, 1985

Personal-capacity suits seek to hold an officer personally liable; official-capacity suits are really suits against the government entity itself — and fee liability under § 1988 runs with merits liability, not against non-parties.

Foman v. Davis

371 U.S. 178 (1962) · Dec 3, 1962

Leave to amend a pleading under Rule 15(a) should be freely given when justice so requires, and should not be denied absent undue delay, bad faith, dilatory motive, repeated failure to cure deficiencies, undue prejudice to the opposing party, or futility of the amendment.

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.