Case Law Library

Adams v. Metiva

31 F.3d 375 (6th Cir. 1994) — United States Court of Appeals for the Sixth Circuit

An officer who used excessive force during an arrest—including beating a suspect who was not resisting—was not entitled to qualified immunity, and the court established that the right to be free from excessive force during an arrest was clearly established in the Sixth Circuit, requiring a fact-intensive inquiry into the totality of the circumstances under Graham v. Connor.

Alexander v. City of Round Rock

854 F.3d 298 (5th Cir. 2017) — United States Court of Appeals for the Fifth Circuit

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.

Alford v. State

358 S.W.3d 647 (Tex. Crim. App. 2012) — Texas Court of Criminal Appeals

An appellate court reviews de novo whether a question falls within the booking-question exception to Miranda, and routine booking questions that are reasonably related to administrative processing do not constitute custodial interrogation.

Allen v. Cisneros

815 F.3d 239 (5th Cir. 2016) — United States Court of Appeals for the Fifth Circuit

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.

Amnesty America v. Town of West Hartford

361 F.3d 113 (2d Cir. 2004) — Second Circuit

The Second Circuit addressed the statute of limitations for § 1983 excessive force claims brought as a class action, holding that the plaintiffs' claims were time-barred where they failed to file within the applicable limitations period. The court also examined Monell municipal liability and the standards for bringing class-wide excessive force claims against a police department.

Anderson v. Pasadena Independent School District

184 F.3d 439 (5th Cir. 1999) — United States Court of Appeals for the Fifth Circuit

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.

Ashcroft v. al-Kidd

563 U.S. 731 (2011) — Supreme Court of the United States

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.

Ashcroft v. Iqbal

556 U.S. 662 (2009) — U.S. Supreme Court

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

Atwater v. City of Lago Vista

532 U.S. 318 (2001) — U.S. Supreme Court

The Fourth Amendment does not forbid a warrantless custodial arrest for a minor criminal offense — even a misdemeanor punishable only by a fine — as long as the officer has probable cause.

Babb v. Dorman

33 F.3d 472 (5th Cir. 1994) — United States Court of Appeals for the Fifth Circuit

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.

Bailey v. Ramos

No. 23-50185 (5th Cir. 2025) — United States Court of Appeals for the Fifth Circuit

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.

Baird v. Renbarger

576 F.3d 340 (7th Cir. 2009) — Seventh Circuit

The Seventh Circuit held that an officer who used excessive force during a traffic stop — including slamming a compliant suspect's head into a car — was not entitled to qualified immunity because the right to be free from gratuitous force during a seizure was clearly established.

Baker v. McCollan

443 U.S. 137 (1979) — Supreme Court of the United States

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.

Baker v. Putnal

75 F.3d 190 (5th Cir. 1996) — United States Court of Appeals for the Fifth Circuit

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.

Banda v. State

No. 13-17-00528-CR (Tex. App.—Corpus Christi 2018) — Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)

The court affirmed appellant's conviction for aggravated robbery after conducting an independent Anders review and finding no arguable grounds for appeal.

Barnes v. Felix

605 U.S. ___ (2025) — Supreme Court of the United States

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.

Barney v. Pulsipher

143 F.3d 1299 (10th Cir. 1998) — Tenth Circuit

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.

Barrera v. City of Irving

No. 3:24-CV-0177 (N.D. Tex.) — United States District Court for the Northern District of Texas

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

Barrios-Barrios v. Clipps

825 F. Supp. 2d 730 (E.D. La. 2011) — United States District Court for the Eastern District of Louisiana

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.

Batyukova v. Doege

994 F.3d 717 (5th Cir. 2021) — United States Court of Appeals for the Fifth Circuit

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.

Beck v. Ohio

379 U.S. 89 (1964) — Supreme Court of the United States

An arrest without a warrant must be based on probable cause, and where officers lacked sufficient facts to justify an arrest—relying only on the suspect's prior record and an unverified tip—the arrest violated the Fourth Amendment and evidence obtained in a search incident to that arrest must be suppressed.

Bell Atlantic Corp. v. Twombly

550 U.S. 544 (2007) — U.S. Supreme Court

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.

Benavides v. County of Wilson

No. 13-21-00032-CR (Tex. App.—Corpus Christi 2022) — Texas Court of Appeals, Thirteenth District (Corpus Christi–Edinburg)

The court affirmed the trial court's revocation of community supervision and adjudication of guilt for possession of a controlled substance after conducting an independent Anders review and finding no arguable grounds for appeal.

Bennett v. City of Slidell

735 F.2d 861 (5th Cir. 1984) — United States Court of Appeals for the Fifth Circuit

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.

Benningfield v. City of Houston

157 F.3d 369 (5th Cir. 1998) — United States Court of Appeals for the Fifth Circuit

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.

Bevill v. Fletcher

26 F.4th 270 (5th Cir. 2022) — United States Court of Appeals for the Fifth Circuit

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.

Bevill v. Wheeler

103 F.4th 363 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Blackburn v. City of Marshall

42 F.3d 925 (5th Cir. 1995) — United States Court of Appeals for the Fifth Circuit

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.

Board of the County Commissioners of Bryan County v. Brown

520 U.S. 397 (1997) — Supreme Court of the United States

A municipality cannot be held liable under § 1983 for a single hiring decision unless the plaintiff demonstrates that adequate screening of the applicant's background would lead a reasonable policymaker to conclude that the plainly obvious consequence of hiring that applicant would be the deprivation of a third party's constitutional rights.

Brooks v. City of West Point, Mississippi

639 F. App'x 986 (5th Cir. 2016) — United States Court of Appeals for the Fifth Circuit

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.

Brosseau v. Haugen

543 U.S. 194 (2004) — Supreme Court of the United States

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.

Brown v. Bryan County (On Remand)

219 F.3d 450 (5th Cir. 2000) — United States Court of Appeals for the Fifth Circuit

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.

Brown v. Tarrant County

No. 19-10594 (5th Cir. 2021) — United States Court of Appeals for the Fifth Circuit

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.

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

No. 23-10416 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Buehler v. Dear

No. 20-50822 (5th Cir. 2022) — United States Court of Appeals for the Fifth Circuit

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.

Burge v. St. Tammany Parish

336 F.3d 363 (5th Cir. 2003) — United States Court of Appeals for the Fifth Circuit

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.

Burns-Toole v. Byrne

11 F.3d 1270 (5th Cir. 1994) — United States Court of Appeals for the Fifth Circuit

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.

Campbell v. City of San Antonio

43 F.3d 973 (5th Cir. 1995) — United States Court of Appeals for the Fifth Circuit

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.

Carnaby v. City of Houston

636 F.3d 183 (5th Cir. 2011) — United States Court of Appeals for the Fifth Circuit

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.

Carroll v. Ellington

800 F.3d 154 (5th Cir. 2015) — United States Court of Appeals for the Fifth Circuit

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.

Carter v. Morris

164 F.3d 215 (4th Cir. 1999) — United States Court of Appeals for the Fourth Circuit

Officers who burst into a home without warning, pointed guns at occupants' heads, and used excessive physical force during the execution of a search warrant violated the Fourth Amendment, and were not entitled to qualified immunity because the right to be free from excessive force during the execution of a warrant was clearly established.

Case v. City of New York

233 F. Supp. 3d 372 (S.D.N.Y. 2017) — United States District Court for the Southern District of New York

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.

Chacon v. Copeland

577 F. App'x 355 (5th Cir. 2014) — United States Court of Appeals for the Fifth Circuit

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.

Chandler v. United States

378 F.2d 906 (9th Cir. 1967) — United States Court of Appeals for the Ninth Circuit

The Ninth Circuit affirmed convictions for escape from a federal prison camp, holding that evidence of a stolen truck was properly admitted to show intent to escape, and that court records were properly authenticated through judicial notice.

Childers v. Iglesias

848 F.3d 412 (5th Cir. 2017) — United States Court of Appeals for the Fifth Circuit

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.

City of Canton v. Harris

489 U.S. 378 (1989) — U.S. Supreme Court

A municipality can be liable under § 1983 for failing to train its employees when the failure to train amounts to deliberate indifference to the constitutional rights of persons the employees encounter.

City of Houston v. Hill

482 U.S. 451 (1987) — Supreme Court of the United States

A municipal ordinance making it unlawful to interrupt a police officer in the performance of duty is substantially overbroad under the First Amendment because it criminalizes a significant amount of constitutionally protected speech and accords police unconstitutional enforcement discretion.

City of Houston v. Nicolai

No. 01-20-00327-CV (Tex. App.—Houston [1st Dist.] 2023) — Court of Appeals for the First District of Texas

The City of Houston did not establish as a matter of law that its police officer was entitled to official immunity for negligently operating a patrol car, meaning the Texas Tort Claims Act's waiver of governmental immunity applied and the suit could proceed.

City of Newport v. Fact Concerts, Inc.

453 U.S. 247 (1981) — Supreme Court of the United States

A municipality is immune from punitive damages under 42 U.S.C. § 1983, as neither the retributive nor deterrence objectives of punitive damages would be significantly advanced by holding municipalities liable for such damages.

City of St. Louis v. Praprotnik

485 U.S. 112 (1988) — U.S. Supreme Court

Identifying which officials have 'final policymaking authority' for Monell purposes is a question of state and local law to be decided by the court — not a question of fact for the jury — and merely going along with a subordinate's decisions does not constitute delegation of policymaking authority.

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

568 F.3d 181 (5th Cir. 2009) — United States Court of Appeals for the Fifth Circuit

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.

Cole v. Carson

935 F.3d 444 (5th Cir. 2019) — Fifth Circuit

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.

Collins v. Bauer

No. 3:11-CV-00887-B (N.D. Tex. 2012) — United States District Court for the Northern District of Texas

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.

Connick v. Thompson

563 U.S. 51 (2011) — U.S. Supreme Court

A district attorney's office may not be held liable under § 1983 for failure to train prosecutors based on a single Brady violation — absent a pattern of similar violations, a single incident is generally insufficient to prove deliberate indifference.

County of Sacramento v. Lewis

523 U.S. 833 (1998) — Supreme Court of the United States

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.

Culbertson v. Lykos

790 F.3d 608 (5th Cir. 2015) — United States Court of Appeals for the Fifth Circuit

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.

Curran v. Aleshire

800 F.3d 656 (5th Cir. 2015) — United States Court of Appeals for the Fifth Circuit

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.

Davenport v. City of Garland, Texas

No. 3:09-CV-798-B (N.D. Tex. 2010) — United States District Court for the Northern District of Texas

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.

Degenhardt v. Bintliff

No. 24-40034 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Deorle v. Rutherford

272 F.3d 1272 (9th Cir. 2001) — United States Court of Appeals for the Ninth Circuit

A deputy sheriff who shot an unarmed, emotionally disturbed man in the face with a lead-filled beanbag round—without warning and while negotiators were en route—used excessive force in violation of the Fourth Amendment and was not entitled to qualified immunity, because no reasonable officer could have believed such force was lawful against a person who had committed no serious offense, posed no immediate threat, and had generally complied with police commands.

Devenpeck v. Alford

543 U.S. 146 (2004) — Supreme Court of the United States

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.

Deville v. Marcantel

567 F.3d 156 (5th Cir. 2009) — United States Court of Appeals for the Fifth Circuit

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.

Escalante v. Hammel

No. 24-50505 (5th Cir. 2025) — United States Court of Appeals for the Fifth Circuit

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.

Esquivel v. Eastburn

No. SA-20-CV-00377-OLG (W.D. Tex. Apr. 28, 2021) — United States District Court for the Western District of Texas

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.

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

406 F.3d 375 (5th Cir. 2005) — United States Court of Appeals for the Fifth Circuit

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.

Eugene v. Alief Independent School District

65 F.3d 1299 (5th Cir. 1995) — United States Court of Appeals for the Fifth Circuit

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.

Fernandez-Montes v. Allied Pilots Ass'n

987 F.2d 278 (5th Cir. 1993) — United States Court of Appeals for the Fifth Circuit

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.

Foman v. Davis

371 U.S. 178 (1962) — U.S. Supreme Court

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.

Fraire v. City of Arlington

957 F.2d 1268 (5th Cir. 1992) — United States Court of Appeals for the Fifth Circuit

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.

Franks v. Delaware

438 U.S. 154 (1978) — U.S. Supreme Court

When a defendant shows by a preponderance of the evidence that a police officer knowingly, intentionally, or with reckless disregard for the truth included a false statement in a warrant affidavit, and the false statement was necessary to the finding of probable cause, the warrant must be voided and the fruits of the search excluded.

Freeman v. Gore

483 F.3d 404 (5th Cir. 2007) — United States Court of Appeals for the Fifth Circuit

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.

Fuentes v. Nueces County

690 F. App'x 775 (5th Cir. 2017) — United States Court of Appeals for the Fifth Circuit

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.

Gallagher v. State

778 S.W.2d 153 (Tex. App.—Houston [1st Dist.] 1989) — Texas Court of Appeals, First District, Houston

An officer had probable cause to arrest a visibly intoxicated person near a vehicle on a public roadway for public intoxication, even though the officer did not personally witness erratic driving, where a reliable citizen informant reported the suspect's intoxicated condition.

Gentilello v. Rege

627 F.3d 540 (5th Cir. 2010) — United States Court of Appeals for the Fifth Circuit

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.

Gladden v. Roach

864 F.2d 1196 (5th Cir. 1989) — United States Court of Appeals for the Fifth Circuit

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.

Glenn v. City of Tyler

242 F.3d 307 (5th Cir. 2001) — United States Court of Appeals for the Fifth Circuit

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.

Gonzales v. Westbrook

118 F. Supp. 2d 728 (W.D. Tex. 2000) — United States District Court for the Western District of Texas

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.

Gonzalez v. Kay

577 F.3d 600 (5th Cir. 2009) — United States Court of Appeals for the Fifth Circuit

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.

Gonzalez v. Trevino

602 U.S. ___ (2024) — U.S. Supreme Court

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.

Goodman v. Harris County

571 F.3d 388 (5th Cir. 2009) — United States Court of Appeals for the Fifth Circuit

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.

Graham v. City of Irving

No. 3:07-CV-0834-D (N.D. Tex.) — United States District Court for the Northern District of Texas

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.

Graham v. Connor

490 U.S. 386 (1989) — U.S. Supreme Court

All claims that law enforcement officers used excessive force during an arrest, investigatory stop, or other seizure of a free citizen must be analyzed under the Fourth Amendment's 'objective reasonableness' standard — not substantive due process.

Gros v. City of Grand Prairie

209 F.3d 431 (5th Cir. 2000) — United States Court of Appeals for the Fifth Circuit

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.

Grossman v. City of Portland

33 F.3d 1200 (9th Cir. 1994) — Ninth Circuit

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.

Hale v. Townley

45 F.3d 914 (5th Cir. 1995) — United States Court of Appeals for the Fifth Circuit

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.

Hanks v. Rogers

853 F.3d 738 (5th Cir. 2017) — United States Court of Appeals for the Fifth Circuit

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.

Harmon v. City of Arlington

16 F.4th 1159 (5th Cir. 2021) — United States Court of Appeals for the Fifth Circuit

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.

Heck v. Humphrey

512 U.S. 477 (1994) — U.S. Supreme Court

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.

Hicks v. Stahl

No. 3:11-CV-02703-P (N.D. Tex. 2012) — United States District Court for the Northern District of Texas

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.

Hilliard v. Ferguson

30 F.3d 649 (5th Cir. 1994) — United States Court of Appeals for the Fifth Circuit

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).

Hodge v. Engleman

90 F.4th 840 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Hope v. Pelzer

536 U.S. 730 (2002) — U.S. Supreme Court

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.

Hughes v. Garcia

101 F.4th 373 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Hughes v. Lott

350 F.3d 1157 (11th Cir. 2003) — Eleventh Circuit

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.

Huong v. City of Port Arthur

961 F. Supp. 1003 (E.D. Tex. 1997) — United States District Court for the Eastern District of Texas

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.

Hutcheson v. Dallas County

No. 20-10383 (5th Cir. 2021) — Fifth Circuit

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.

Illinois v. Gates

462 U.S. 213 (1983) — U.S. Supreme Court

The rigid 'two-pronged test' for evaluating informant tips under Aguilar-Spinelli is replaced by a 'totality of the circumstances' approach for determining probable cause.

In re Katrina Canal Breaches Litigation

495 F.3d 191 (5th Cir. 2007) — Fifth Circuit

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) — United States Court of Appeals for the Fifth Circuit

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.

Jabary v. City of Allen

No. 12-41054 (5th Cir. 2013) — Fifth Circuit

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.

Jackson v. Procunier

789 F.2d 307 (5th Cir. 1986) — Fifth Circuit

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.

James v. Harris County

No. 07-20725 (5th Cir. 2009) — Fifth Circuit

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.

Jett v. Dallas Independent School District

491 U.S. 701 (1989) — U.S. Supreme Court

Section 1983 provides the exclusive federal damages remedy for violations of rights guaranteed by § 1981 when the claim is against a state actor, and a municipality cannot be held liable under respondeat superior for § 1981 violations.

Johnson v. City of Shelby

574 U.S. 10 (2014) — U.S. Supreme Court

A § 1983 complaint need not invoke § 1983 by name — federal pleading rules require only a short and plain statement of the claim showing entitlement to relief, not citation to specific statutes.

Jutrowski v. Township of Riverdale

904 F.3d 280 (3d Cir. 2018) — United States Court of Appeals for the Third Circuit

Where officers committed an undisputed act of excessive force during an arrest, the Third Circuit clarified the standards for qualified immunity in excessive force cases, holding that when force is clearly excessive under the Graham factors, officers are not entitled to qualified immunity even without a prior case involving identical facts, and establishing the framework for analyzing excessive force claims at each stage of litigation.

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

677 F.2d 1045 (5th Cir. 1982) — Fifth Circuit

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).

Kaley v. United States

571 U.S. 320 (2014) — U.S. Supreme Court

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).

Keane v. Fox Television Stations, Inc.

297 F. Supp. 2d 921 (S.D. Tex. 2004) — Southern District of Texas

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.

Keenan v. Tejeda

290 F.3d 252 (5th Cir. 2002) — Fifth Circuit

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.

Kelson v. Clark

No. 20-10764 (5th Cir. 2021) — Fifth Circuit

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.

Kentucky v. Graham

473 U.S. 159 (1985) — U.S. Supreme Court

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.

Kopec v. Tate

361 F.3d 772 (3d Cir. 2004) — United States Court of Appeals for the Third Circuit

An officer who used excessive force during a traffic stop—including slamming a motorist's head into a car and choking him—was not entitled to qualified immunity because the right to be free from gratuitous force against a non-resisting person during a seizure was clearly established, and the municipality could be liable under Monell where the officer's pattern of complaints was known to supervisors.

Kostic v. Texas A&M University at Commerce

No. 3:19-CV-2865 (N.D. Tex.) — Northern District of Texas

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.

Lago-Planas v. Crocker

No. 3:09-CV-2075-G-BK (N.D. Tex.) — Northern District of Texas

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.

Lawrence v. Kenosha County

391 F.3d 837 (7th Cir. 2004) — Seventh Circuit

The Seventh Circuit held that an officer's use of a chokehold and other physical force against a compliant arrestee was objectively unreasonable under the Fourth Amendment, and that qualified immunity did not protect the officer because the right to be free from gratuitous force was clearly established.

Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

507 U.S. 163 (1993) — U.S. Supreme Court

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.

Lewis v. City of New Orleans

415 U.S. 130 (1974) — U.S. Supreme Court

A New Orleans ordinance making it unlawful to curse, revile, or use obscene or opprobrious language toward a police officer is facially overbroad in violation of the First and Fourteenth Amendments.

Littell v. Houston Independent School District

894 F.3d 616 (5th Cir. 2018) — Fifth Circuit

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.

Livingston v. DeSoto Independent School District

No. 3:20-CV-00764 (N.D. Tex.) — Northern District of Texas

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.

Livingston v. Texas

No. 22-11210 (5th Cir. 2024) — Fifth Circuit

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.

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

594 F.3d 383 (5th Cir. 2010) — Fifth Circuit

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.

Lynch v. Cannatella

810 F.2d 1363 (5th Cir. 1987) — Fifth Circuit

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.

MacCloskey v. City of Dallas

No. 3:19-CV-02063 (N.D. Tex.) — Northern District of Texas

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.

Malley v. Briggs

475 U.S. 335 (1986) — U.S. Supreme Court

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.

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

369 F.3d 464 (5th Cir. 2004) — Fifth Circuit

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.

Mattos v. Agarano

661 F.3d 433 (9th Cir. 2011) — Ninth Circuit

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.

Maxwell v. Mesquite ISD

No. 3:20-CV-3581-S (N.D. Tex.) — Northern District of Texas

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.

McKinley v. City of Eloy

705 F.2d 1110 (9th Cir. 1983) — Ninth Circuit

The Ninth Circuit held that a municipality can be liable under § 1983 for inadequate police training and supervision that amounts to deliberate indifference, and that officers' use of deadly force was constitutionally excessive where the suspect did not pose an immediate threat.

Meade v. Grubbs

841 F.2d 1512 (10th Cir. 1988) — Tenth Circuit

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.

Meals v. Hale County Sheriff's Office

No. 2:20-CV-00145 (N.D. Tex.) — Northern District of Texas

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.

Mendenhall v. Riser

213 F.3d 226 (5th Cir. 2000) — Fifth Circuit

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.

Mesa v. Prejean

543 F.3d 264 (5th Cir. 2008) — Fifth Circuit

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.

Michalik v. Hermann

422 F.3d 252 (5th Cir. 2005) — Fifth Circuit

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.

Miranda v. County of Lake

900 F.3d 335 (7th Cir. 2018) — United States Court of Appeals for the Seventh Circuit

The court clarified the standard for municipal liability under Monell, holding that a county could be liable under § 1983 for maintaining a widespread practice of excessive force where the practice was so pervasive that it constituted a de facto policy, and that private medical providers contracted by the county could not be shielded from § 1983 liability simply because they were not government employees.

Monell v. Department of Social Services

436 U.S. 658 (1978) — U.S. Supreme Court

Local governments are 'persons' that can be sued under § 1983 when an official policy or custom causes a constitutional violation — but a city cannot be held liable solely because it employs a wrongdoer.

Morgan v. Swanson

659 F.3d 359 (5th Cir. 2011) — Fifth Circuit

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.

Mullenix v. Luna

577 U.S. 7 (2015) — U.S. Supreme Court

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.

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

200 F.2d 911 (5th Cir. 1952) — Fifth Circuit

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.

New York Times Co. v. Sullivan

376 U.S. 254 (1964) — U.S. Supreme Court

A public official cannot recover damages for defamatory falsehood relating to official conduct unless the statement was made with 'actual malice' — knowledge that it was false or reckless disregard of whether it was false or not.

Nieves v. Bartlett

587 U.S. 391 (2019) — U.S. Supreme Court

The existence of probable cause generally defeats a First Amendment retaliatory arrest claim under § 1983, with a narrow exception for cases where the plaintiff shows that similarly situated individuals not engaged in protected speech were not arrested.

Northington v. Jackson

973 F.2d 1518 (10th Cir. 1992) — Tenth Circuit

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.

Ordonez v. Gonzalez

No. 20-40624 (5th Cir. 2021) — Fifth Circuit

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.

Owen v. City of Independence

445 U.S. 622 (1980) — U.S. Supreme Court

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.

Padilla v. Mason

169 S.W.3d 493 (Tex. App. 2005) — Texas Court of Appeals

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.

Pagan-Negron v. Seguin Independent School District

No. SA-12-CV-055-XR (W.D. Tex. 2013) — Western District of Texas

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.

Palo ex rel. Estate of Palo v. Dallas County

No. 3:05-CV-0527-D (N.D. Tex. 2006) — Northern District of Texas

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.

Pearson v. Callahan

555 U.S. 223 (2009) — U.S. Supreme Court

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

Peña v. City of Rio Grande City

879 F.3d 613 (5th Cir. 2018) — Fifth Circuit

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.

Pennsylvania v. Muniz

496 U.S. 582 (1990) — U.S. Supreme Court

Routine booking questions do not constitute interrogation under Miranda, but a question designed to elicit a testimonial response revealing the suspect's mental state (such as asking the date of his sixth birthday) requires Miranda warnings.

Peterson v. City of Fort Worth

588 F.3d 838 (5th Cir. 2009) — Fifth Circuit

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.

Pfannstiel v. City of Marion

918 F.2d 1178 (5th Cir. 1990) — Fifth Circuit

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.

Piazza v. Mayne

217 F.3d 239 (5th Cir. 2000) — Fifth Circuit

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.

Pierson v. Ray

386 U.S. 547 (1967) — U.S. Supreme Court

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

Pineda v. City of Houston

291 F.3d 325 (5th Cir. 2002) — Fifth Circuit

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.

Pinedo v. City of Dallas

No. 3:14-CV-0958-D (N.D. Tex. 2015) — Northern District of Texas

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.

Piotrowski v. City of Houston

237 F.3d 567 (5th Cir. 2001) — Fifth Circuit

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.

Poole v. City of Shreveport

691 F.3d 624 (5th Cir. 2012) — Fifth Circuit

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.

Presley v. City of Benbrook

4 F.3d 405 (5th Cir. 1993) — Fifth Circuit

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.

Priester v. City of Riviera Beach

208 F.3d 919 (11th Cir. 2000) — United States Court of Appeals for the Eleventh Circuit

Police officers who ordered a K-9 to attack a compliant, non-threatening suspect who had surrendered with his hands up—and then stood by watching the dog maul him for two minutes—used excessive force and were not entitled to qualified immunity, even absent directly on-point case law, because the conduct was so obviously unconstitutional that no reasonable officer could believe it was permissible.

Prim v. Stein

No. 20-20387 (5th Cir. 2021) — Fifth Circuit

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.

Pyles v. Raisor

60 F.3d 1211 (6th Cir. 1995) — Sixth Circuit

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.

Raiche v. Pietroski

623 F.3d 30 (1st Cir. 2010) — First Circuit

The First Circuit held that a police officer who conducted an invasive strip search at a police station without reasonable suspicion that the arrestee was concealing weapons or contraband violated the Fourth Amendment, and that this right was clearly established — defeating qualified immunity.

Raley v. Fraser

747 F.2d 287 (5th Cir. 1984) — Fifth Circuit

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.

Ramirez v. Martinez

716 F.3d 369 (5th Cir. 2013) — Fifth Circuit

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.

Ratliff v. Aransas County

948 F.3d 281 (5th Cir. 2020) — Fifth Circuit

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.

Rich v. Palko

920 F.3d 288 (5th Cir. 2019) — Fifth Circuit

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.

Roberts v. City of Forest Acres

902 F. Supp. 662 (D.S.C. 1995) — District of South Carolina

The court denied summary judgment for the city and officer on excessive force and municipal liability claims where evidence showed an officer used force significantly disproportionate to the threat posed during a traffic stop, and the city had inadequate training and supervision of its officers regarding use of force.

Roque v. Harvel

993 F.3d 325 (5th Cir. 2021) — Fifth Circuit

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.

Rose v. Herrera

No. EP-17-CV-00289 (W.D. Tex.) — Western District of Texas

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.

Russell v. Altom

546 F. App'x 432 (5th Cir. 2013) — United States Court of Appeals for the Fifth Circuit

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.

Russell v. State

711 S.W.2d 713 (Tex. Crim. App. 1986) — Texas Court of Criminal Appeals

Where a defendant voluntarily accompanied officers to the police station, was given Miranda warnings, and was free to leave, no arrest occurred prior to her consent to search her home, and therefore the Brown v. Illinois attenuation analysis did not apply.

Ryan v. Lopez

No. 24-40299 (5th Cir. 2025) — United States Court of Appeals for the Fifth Circuit

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.

Salas v. Carpenter

980 F.2d 299 (5th Cir. 1992) — United States Court of Appeals for the Fifth Circuit

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.

Sanchez v. Young County

956 F.3d 785 (5th Cir. 2020) — United States Court of Appeals for the Fifth Circuit

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.

Scott v. Harris

550 U.S. 372 (2007) — U.S. Supreme Court

When video evidence blatantly contradicts the plaintiff's version of events, courts need not adopt the plaintiff's account at summary judgment — and a police officer who rams a fleeing motorist's car to end a dangerous high-speed chase does not violate the Fourth Amendment.

Shaw v. Stroud

13 F.3d 791 (4th Cir. 1994) — United States Court of Appeals for the Fourth Circuit

A police supervisor can be held liable under § 1983 for a subordinate's use of excessive force where the supervisor had actual or constructive knowledge of a pervasive pattern of misconduct, was deliberately indifferent to the risk, and there was an affirmative causal link between the supervisor's inaction and the constitutional injury.

Sibron v. New York

392 U.S. 40 (1968) — Supreme Court of the United States

An officer who observed a suspect talking with known narcotics addicts over an eight-hour period did not have probable cause to search the suspect, and a frisk that reached into the suspect's pocket without an articulable basis to believe the suspect was armed exceeded the permissible scope of a Terry stop.

Siglar v. Hightower

112 F.3d 191 (5th Cir. 1997) — United States Court of Appeals for the Fifth Circuit

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.

Simpson v. State

886 S.W.2d 449 (Tex. App. 1994) — Texas Court of Appeals, First District, Houston

An officer had probable cause to arrest a suspect for public intoxication where the suspect was arguing violently in the middle of the street while showing signs of intoxication, and the cocaine found in a search incident to that lawful arrest was properly admitted.

Skyy v. City of Arlington

No. 17-10529 (5th Cir. 2017) — United States Court of Appeals for the Fifth Circuit

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.

Sligh v. City of Conroe

No. 22-40518 (5th Cir. 2023) — United States Court of Appeals for the Fifth Circuit

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.

Smith v. Brenoettsy

No. 97-30587 (5th Cir. 1998) — United States Court of Appeals for the Fifth Circuit

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) — United States Court of Appeals for the Fifth Circuit

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.

Spencer v. Rau

542 F. Supp. 2d 583 (W.D. Tex. 2007) — United States District Court for the Western District of Texas

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.

Spiller v. City of Texas City Police Department

130 F.3d 162 (5th Cir. 1997) — United States Court of Appeals for the Fifth Circuit

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.

Spiller v. Harris County

No. 22-20123 (5th Cir. 2023) — United States Court of Appeals for the Fifth Circuit

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.

Spiller v. Harris County, Texas

No. 21-20574 (5th Cir. 2022) — United States Court of Appeals for the Fifth Circuit

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.

State v. Martinez

No. 05-19-01395-CR (Tex. App. 2021) — Texas Court of Appeals, Fifth District, Dallas

Evidence obtained during a traffic stop was properly suppressed where the officer lacked reasonable suspicion to extend the stop beyond its original purpose and conducted a search without valid consent or probable cause.

Stephenson v. McClelland

No. 3:20-CV-3599-S (N.D. Tex.) — United States District Court for the Northern District of Texas

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.

Stone v. Powell

428 U.S. 465 (1976) — Supreme Court of the United States

Where a state has provided an opportunity for full and fair litigation of a Fourth Amendment claim, a state prisoner may not obtain federal habeas corpus relief on the ground that evidence obtained in an unconstitutional search or seizure was introduced at trial.

Swilley v. City of Houston

457 F. App'x 400 (5th Cir. 2012) — United States Court of Appeals for the Fifth Circuit

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.

Szabla v. City of Brooklyn Park

486 F.3d 385 (8th Cir. 2007) — Eighth Circuit

The Eighth Circuit held that an officer's decision to release a police dog to bite and hold a suspect who was not actively resisting or fleeing constituted excessive force under the Fourth Amendment, and that qualified immunity did not protect the officer because the unlawfulness of the conduct was clearly established.

Tamborello v. State

No. 01-19-00789-CR (Tex. App. 2021) — Texas Court of Appeals, First District, Houston

Addressed the standards for evaluating probable cause and the legality of a warrantless arrest, emphasizing that probable cause must be assessed based on the totality of circumstances known to the officer at the time of arrest.

Tarver v. City of Edna

410 F.3d 745 (5th Cir. 2005) — United States Court of Appeals for the Fifth Circuit

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.

Taylor v. Riojas

592 U.S. 7 (2020) — U.S. Supreme Court

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.

Tennessee v. Garner

471 U.S. 1 (1985) — U.S. Supreme Court

Police may not use deadly force to prevent the escape of a fleeing suspect unless the officer has probable cause to believe the suspect poses a significant threat of death or serious physical injury to the officer or others.

Terrell v. Town of Woodworth

No. 23-30510 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Terry v. Ohio

392 U.S. 1 (1968) — U.S. Supreme Court

A police officer may briefly stop and pat down a person for weapons if the officer has reasonable, articulable suspicion that the person is engaged in criminal activity and may be armed and dangerous.

Texas DPS v. Petta

44 S.W.3d 575 (Tex. 2001) — Supreme Court of Texas

Collateral estoppel barred a plaintiff's civil assault claims against a trooper where a criminal jury had already found beyond a reasonable doubt that the plaintiff did not reasonably believe she faced imminent harm from the trooper's actions; the Texas Department of Public Safety was entitled to sovereign immunity because the claims arose out of intentional torts excluded from the Tort Claims Act's waiver.

Texas v. Brown

460 U.S. 730 (1983) — Supreme Court of the United States

The plain view doctrine permits seizure of evidence without a warrant when an officer is lawfully in a position to view the object, its incriminating character is immediately apparent, and the officer has lawful access to the object; 'immediately apparent' requires only probable cause, not certainty, that the item is contraband or evidence of a crime.

Thompson v. City of Galveston

No. G-97-171 (S.D. Tex. 1997) — United States District Court for the Southern District of Texas

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.

Tolan v. Cotton

572 U.S. 650 (2014) — U.S. Supreme Court

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.

Torrez v. Barron

No. 3:25-CV-0106-X (N.D. Tex. 2025) — United States District Court for the Northern District of Texas

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.

Townsend v. State

813 S.W.2d 181 (Tex. App.—Houston [14th Dist.] 1991) — Texas Court of Appeals, Fourteenth District, Houston

Affirmed DWI conviction, holding that the trial court did not abuse its discretion in finding the defendant's consent to a breath test was voluntary, and that an officer's observation of weaving between lanes provided reasonable suspicion for a traffic stop.

Traylor v. Yorka

No. 22-10783 (5th Cir. 2024) — United States Court of Appeals for the Fifth Circuit

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.

Tuchman v. DSC Communications Corp.

14 F.3d 1061 (5th Cir. 1994) — United States Court of Appeals for the Fifth Circuit

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.

Turner v. Driver

848 F.3d 678 (5th Cir. 2017) — Fifth Circuit

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.

United States v. Hearn

No. 08-30369 (5th Cir. 2009) — United States Court of Appeals for the Fifth Circuit

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.

United States v. Lopez-Moreno

420 F.3d 420 (5th Cir. 2005) — United States Court of Appeals for the Fifth Circuit

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.

United States v. Lugo

289 F. Supp. 2d 790 (S.D. Tex. 2003) — United States District Court for the Southern District of Texas

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.

United States v. Morris

477 F.2d 657 (5th Cir. 1973) — United States Court of Appeals for the Fifth Circuit

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.

United States v. Tinkle

655 F.2d 617 (5th Cir. 1981) — United States Court of Appeals for the Fifth Circuit

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. Wadley

No. 94-10573 (5th Cir. 1995) — United States Court of Appeals for the Fifth Circuit

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.

Valle v. City of Houston

613 F.3d 536 (5th Cir. 2010) — United States Court of Appeals for the Fifth Circuit

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.

Vincent v. City of Sulphur

No. 15-30182 (5th Cir. 2015) — United States Court of Appeals for the Fifth Circuit

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.

Wafer v. Molina

No. 3:14-CV-0976-M-BH (N.D. Tex. 2014) — United States District Court for the Northern District of Texas

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.

Walters v. McMahen

795 F. Supp. 2d 350 (D. Md. 2011) — United States District Court for the District of Maryland

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.

Webster v. City of Houston

735 F.2d 838 (5th Cir. 1984) (en banc) — United States Court of Appeals for the Fifth Circuit

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.

Westfall v. Luna

903 F.3d 534 (5th Cir. 2018) — United States Court of Appeals for the Fifth Circuit

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.

White v. Jackson

865 F.3d 1064 (8th Cir. 2017) — Eighth Circuit

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.

Whitley v. Hanna

726 F.3d 631 (5th Cir. 2013) — United States Court of Appeals for the Fifth Circuit

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.

Whren v. United States

517 U.S. 806 (1996) — Supreme Court of the United States

The temporary detention of a motorist upon probable cause to believe he has violated traffic laws does not violate the Fourth Amendment's prohibition against unreasonable seizures, even if a reasonable officer would not have stopped the motorist absent some additional law enforcement objective. Subjective intentions play no role in ordinary probable-cause Fourth Amendment analysis.

Will v. Michigan Department of State Police

491 U.S. 58 (1989) — U.S. Supreme Court

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.

Winegarner v. City of Irving

No. 3:24-CV-02171-K-BT (N.D. Tex. 2025) — United States District Court for the Northern District of Texas

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.

Winfrey v. Rogers

No. 16-20702 (5th Cir. 2018) — United States Court of Appeals for the Fifth Circuit

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.

Young v. City of Irving

No. 3:23-CV-1423-D (N.D. Tex. 2024) — United States District Court for the Northern District of Texas

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.

Zarnow v. City of Wichita Falls

614 F.3d 161 (5th Cir. 2010) — United States Court of Appeals for the Fifth Circuit

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.

Zavala v. Harris County

No. 22-20611 (5th Cir. 2023) — United States Court of Appeals for the Fifth Circuit

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.

Ziglar v. Abbasi

582 U.S. 120 (2017) — U.S. Supreme Court

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.