entitlement to qualified immunity in Texas

2022“To establish an entitlement to qualified immunity, a government official must show that the conduct occurred while he was acting in his official capacity and within the scope of his discretionary authority.” Beltran v. City of El Paso, 367 F.3d 299, 303 (5th Cir. 2004).

2013Safety v. Rodriguez, 344 S.W.3d 483, 488 (Tex. App.–Houston [1st Dist.] 2011, no pet.). ―To establish an entitlement to qualified immunity, a government official must first show that the conduct occurred while he was acting in his official capacity and within the scope of his discretionary authority.‖ Beltran v. City of El Paso, 367 F.3d 299, 303 (5th Cir. 2004). ―Once a defendant has properly invoked qualified immunity, the burden rests on the plaintiff to show that the defense does not apply.‖ Id.; Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.–Houston [1st Dist.] 1993, writ denied).

2022In this case, the parties do not dispute that Billiris acted in his official capacity and within the scope of his discretionary authority when arresting Hadley. “[O]fficers are entitled to qualified immunity under [42 U.S.C.] § 1983 unless (1) they violated a federal statutory or constitutional right, and (2) the unlawfulness of their conduct was ‘clearly established at the time.’” District of Columbia v. Wesby, 138 S.Ct. 577, 589 (2018) (quoting Reichle v. Howards, 556 U.S. 658, 664 (2012)).

2016To overcome a defendant’s entitlement to qualified immunity at the summary judgment stage, we ask whether the evidence is sufficient to create a fact issue as to whether: (1) the official's conduct violated a federal right; and (2) under the circumstances, that right was “sufficiently clear that every reasonable official would have understood that what he is doing violates that right.” See Mullenix v. Luna, 136 S.Ct. 9 305, 308 (2015); Tolan v. Cotton, 134 S.Ct. 1861 , 1865–66 (2014); Allen v. Cisneros, 815 F.3d 239, 244 (5th Cir. 2016); Trent, 776 F.3d at 376 .

2015Kipps v. Callier, 197 F.3d 765, 768 (5th Cir. 1999) (citing Morris v. Dearborne, 181 F.3d 657, 665 (5th Cir. 1999)).

2015Kipps v. Callier, 197 F.3d 765, 768 (5th Cir. 1999) (citing Morris v. Dearborne, 181 F.3d 657, 665 (5th Cir. 1999)).

2014See, e.g., IBP, Inc. v. Klumpe, 101 S.W.3d 461 , 475–76 (Tex. App.—Amarillo 2001, pet. denied) 32 (attorney not entitled to immunity when plaintiff alleged criminal conspiracy to commit crime of theft of trade secrets contained in confidential employment guides); Bradt, 892 S.W.2d at 72 (citing, as an example of behavior not protected by qualified immunity, an attorney’s assault of his opposing counsel during trial).

2013Safety v. Rodriguez, 344 S.W.3d 483, 488 (Tex. App.–Houston [1st Dist.] 2011, no pet.). ―To establish an entitlement to qualified immunity, a government official must first show that the conduct occurred while he was acting in his official capacity and within the scope of his discretionary authority.‖ Beltran v. City of El Paso, 367 F.3d 299, 303 (5th Cir. 2004). ―Once a defendant has properly invoked qualified immunity, the burden rests on the plaintiff to show that the defense does not apply.‖ Id.; Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.–Houston [1st Dist.] 1993, writ denied).

2013Safety v. Rodriguez, 344 S.W.3d 483, 488 (Tex. App.–Houston [1st Dist.] 2011, no pet.). ―To establish an entitlement to qualified immunity, a government official must first show that the conduct occurred while he was acting in his official capacity and within the scope of his discretionary authority.‖ Beltran v. City of El Paso, 367 F.3d 299, 303 (5th Cir. 2004). ―Once a defendant has properly invoked qualified immunity, the burden rests on the plaintiff to show that the defense does not apply.‖ Id.; Thomas v. Collins, 860 S.W.2d 500, 503 (Tex. App.–Houston [1st Dist.] 1993, writ denied).