Qualified Immunity Cases

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.

Barnes v. Felix

605 U.S. ___ (2025) · May 15, 2025

The Fifth Circuit's 'moment-of-threat' rule, which limited the excessive force inquiry to only the instant of the shooting, conflicts with the totality-of-the-circumstances analysis required by the Fourth Amendment; courts must consider the full sequence of events leading to the use of force.

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.

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.

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.

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.

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.

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.

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.

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.

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.

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.

Taylor v. Riojas

592 U.S. 7 (2020) · Nov 2, 2020

No reasonable correctional officer could have concluded it was constitutionally permissible to confine an inmate in cells covered in human waste for six days — qualified immunity denied even without a prior case with identical facts.

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.

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.

White v. Jackson

865 F.3d 1064 (8th Cir. 2017) · Aug 1, 2017

The Eighth Circuit addressed § 1983 claims arising from the Ferguson, Missouri protests, holding that officers who used excessive force against protesters — including tear gas and rubber bullets against non-violent demonstrators — could be held liable, while also analyzing qualified immunity and municipal liability under Monell.

Ziglar v. Abbasi

582 U.S. 120 (2017) · Jun 19, 2017

The Court severely limited the Bivens implied damages remedy, holding that courts should not extend it to new contexts — and that post-9/11 detention policy claims present such a new context.

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.

Mullenix v. Luna

577 U.S. 7 (2015) · Nov 9, 2015

Qualified immunity protects officers in the 'hazy border between excessive and acceptable force,' and courts must not define clearly established law at a high level of generality — especially in Fourth Amendment excessive-force cases.

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.

Taylor v. Barkes

575 U.S. 822 (2015) · Jun 1, 2015

Officials were entitled to qualified immunity because no clearly established law required the specific suicide-screening procedures the plaintiff claimed the Constitution demanded.

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.

Tolan v. Cotton

572 U.S. 650 (2014) · May 5, 2014

Courts ruling on summary judgment must view the facts in the light most favorable to the nonmoving party — the Fifth Circuit erred by crediting the officer's version of disputed facts when denying an excessive force claim.

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.

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.

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.

Mattos v. Agarano

661 F.3d 433 (9th Cir. 2011) · Oct 12, 2011

The Ninth Circuit, sitting en banc, held that officers' use of a Taser in dart mode against a non-threatening, non-fleeing individual constitutes excessive force under the Fourth Amendment. The court consolidated two cases — one from Hawaii and Brooks v. City of Seattle — establishing that Tasers are a serious use of force requiring significant justification.

Ashcroft v. al-Kidd

563 U.S. 731 (2011) · May 31, 2011

The objectively reasonable arrest and detention of a material witness pursuant to a validly obtained warrant cannot be challenged as unconstitutional on the basis of allegations that the arresting authority had an improper motive.

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.

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.

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.

Pearson v. Callahan

555 U.S. 223 (2009) · Jan 21, 2009

Courts deciding qualified immunity claims have discretion to skip the constitutional-violation question and resolve the case solely on the 'clearly established' prong.

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.

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.

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.

Padilla v. Mason

169 S.W.3d 493 (Tex. App. 2005) · Jun 23, 2005

DPS troopers were entitled to qualified immunity and official immunity where an officer used an arm bar technique during a pat-down search and the plaintiff resisted, even though the plaintiff suffered a broken arm.

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.

Brosseau v. Haugen

543 U.S. 194 (2004) · Dec 13, 2004

A police officer who shot a fleeing suspect in the back as he attempted to drive away was entitled to qualified immunity because the relevant case law placed her conduct in the 'hazy border between excessive and acceptable force,' and existing precedent did not clearly establish that her actions violated the Fourth Amendment.

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.

Hope v. Pelzer

536 U.S. 730 (2002) · Jun 27, 2002

A constitutional right can be 'clearly established' for qualified immunity purposes even without a prior case involving identical facts — the obvious cruelty of the conduct itself can provide fair warning.

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.

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.

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.

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.

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.

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.

Pyles v. Raisor

60 F.3d 1211 (6th Cir. 1995) · Aug 1, 1995

The Sixth Circuit held that officers who used excessive force during an arrest were not entitled to qualified immunity, finding that the right to be free from gratuitous violence during an arrest was clearly established. The court also held that the plaintiff's failure to file a formal complaint did not preclude her § 1983 claim.

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.

Grossman v. City of Portland

33 F.3d 1200 (9th Cir. 1994) · Sep 6, 1994

The Ninth Circuit held that a police officer who used excessive force during an encounter with a citizen was not entitled to qualified immunity, and that the City of Portland could be held liable under Monell if its policies or customs contributed to the constitutional violation. The court clarified the standards for municipal liability and individual officer liability in excessive force cases.

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.

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.

Wyatt v. Cole

504 U.S. 158 (1992) · Mar 23, 1992

Private parties who use a state replevin, garnishment, or attachment statute later found unconstitutional do not get qualified immunity in a § 1983 suit.

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.

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.

Anderson v. Creighton

483 U.S. 635 (1987) · Jun 25, 1987

Qualified immunity turns on whether a reasonable officer could have believed the conduct was lawful in light of clearly established law and the specific facts the officer faced.

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.

Malley v. Briggs

475 U.S. 335 (1986) · Mar 5, 1986

An officer who obtains an arrest warrant by submitting an affidavit so lacking in probable cause that no reasonably competent officer would have relied on it is not shielded by qualified immunity — the shield protects all but the plainly incompetent or those who knowingly violate the law.

Harlow v. Fitzgerald

457 U.S. 800 (1982) · Jun 24, 1982

Government officials performing discretionary functions are shielded from damages liability unless they violate clearly established statutory or constitutional rights of which a reasonable person would have known.

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.

Pierson v. Ray

386 U.S. 547 (1967) · Apr 11, 1967

Police officers sued under § 1983 may raise the defense of good faith and probable cause — the origin of what would later become qualified immunity.