Weddle v. Ferrell

1 Citing case

  1. Carney v. USA

    Civil Action No. 3:99-CV-1989-M (N.D. Tex. Jun. 9, 2004)

    The plaintiff must show that there is a genuine issue as to whether the defendant "(1) violated a constitutional right that (2) was clearly established at the time of the violation (3) through conduct that was objectively unreasonable." Mowbray, 274 F.3d at 279-80; see also Weddle v. Ferrell, 2000 WL 256891, at *3 n. 1 (N.D. Tex. March 6, 2000) (noting "Some panels of the Fifth Circuit have condensed the qualified immunity analysis into two steps, but the relevant points of inquiry in each analysis are the same."). If the plaintiff fails to show a genuine issue with respect to each element, the official is entitled to qualified immunity.