Due Process Cases

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.

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.

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.

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.

McDonough v. Smith

588 U.S. 109 (2019) · Jun 20, 2019

A Section 1983 claim that fabricated evidence was used against the plaintiff in a criminal proceeding, in violation of due process, does not accrue until the criminal proceedings terminate in the plaintiff's favor.

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.

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.

Kaley v. United States

571 U.S. 320 (2014) · Feb 25, 2014

A criminal defendant who has been indicted by a grand jury is not constitutionally entitled to challenge the grand jury's probable cause finding when seeking to vacate a pre-trial asset restraining order under 21 U.S.C. § 853(e)(1).

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.

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.

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.

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.

Hughes v. Lott

350 F.3d 1157 (11th Cir. 2003) · Nov 14, 2003

The Eleventh Circuit reversed the district court's dismissal of a pro se prisoner's § 1983 claims against City of Mobile police officers, holding that Fourth Amendment claims for unlawful search and seizure are generally not barred by Heck v. Humphrey because a successful suit would not necessarily invalidate the plaintiff's conviction. The court also held that prisoners may seek nominal damages for constitutional violations even without physical injury under the PLRA.

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.

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.

Strickler v. Greene

527 U.S. 263 (1999) · Jun 17, 1999

A true Brady claim has three components: the evidence must be favorable to the accused, it must have been suppressed by the State, and the suppression must have been material in the sense that there is a reasonable probability of a different result.

County of Sacramento v. Lewis

523 U.S. 833 (1998) · May 26, 1998

A police officer does not violate substantive due process by causing death through deliberate or reckless indifference to life in a high-speed automobile chase aimed at apprehending a suspected offender; only a purpose to cause harm unrelated to legitimate law enforcement objectives violates the Fourteenth Amendment in such circumstances.

Barney v. Pulsipher

143 F.3d 1299 (10th Cir. 1998) · May 1, 1998

The Tenth Circuit established the framework for supervisory liability under § 1983, holding that a supervisor can be held personally liable when there is an affirmative link between the supervisor's conduct and the constitutional violation. The court articulated that liability requires the supervisor to have had actual or constructive knowledge of a risk of constitutional harm and to have failed to act to prevent it.

Kyles v. Whitley

514 U.S. 419 (1995) · Apr 19, 1995

Suppressed favorable evidence is material under Brady when, considered cumulatively, it undermines confidence in the verdict; the defendant need not show acquittal was more likely than not, and the prosecutor has a duty to learn of favorable evidence known to police acting on the government's behalf.

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.

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.

Northington v. Jackson

973 F.2d 1518 (10th Cir. 1992) · Aug 17, 1992

The Tenth Circuit established important procedural standards for § 1983 excessive force claims, holding that pro se complaints must be liberally construed and that dismissal without allowing amendment is improper when the plaintiff has alleged facts supporting constitutional violations by law enforcement.

Meade v. Grubbs

841 F.2d 1512 (10th Cir. 1988) · Mar 11, 1988

The Tenth Circuit established important standards for evaluating pro se prisoner civil rights complaints, holding that courts must liberally construe pro se pleadings and that a pro se plaintiff alleging physical violence and denial of medical care by sheriff's deputies states cognizable claims under § 1983. The court also addressed qualified immunity standards for law enforcement officers accused of excessive force.

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.

Owen v. City of Independence

445 U.S. 622 (1980) · Apr 16, 1980

Municipalities have no qualified immunity in § 1983 actions — a local government may not assert the good faith of its officers or agents as a defense to liability.

Baker v. McCollan

443 U.S. 137 (1979) · Jun 26, 1979

Detention pursuant to a facially valid arrest warrant does not violate the Fourteenth Amendment's Due Process Clause merely because the wrong person was arrested, and a sheriff executing a valid warrant is not constitutionally required to independently investigate every claim of innocence.

Giglio v. United States

405 U.S. 150 (1972) · Feb 24, 1972

The prosecution violates due process when it fails to disclose a material promise of leniency made to a key witness; impeachment evidence falls within Brady, and the government's disclosure duty is not avoided because one prosecutor did not know what another prosecutor promised.

Brady v. Maryland

373 U.S. 83 (1963) · May 13, 1963

The prosecution violates due process when it suppresses evidence favorable to the accused that is material to guilt or punishment, regardless of the prosecutor's good faith or bad faith.