When Immunity Becomes a Shield for Misconduct

Shielding Misconduct, Silencing Accountability

How Montgomery County, Texas Uses Qualified Immunity to Block Civil Rights Cases

In Montgomery County, the doctrine of qualified immunity has shifted from a legal safeguard into a strategic weapon. Under County Attorney B.C. Griffin and Litigation Attorney Daniel Plake, immunity arguments are routinely used to shut down civil rights cases before facts ever reach a courtroom.

What Is Qualified Immunity?

Qualified immunity protects government officials from personal liability unless they violate a “clearly established” constitutional right.

It was meant to:

Hold officials accountable when they act irresponsibly

Shield them from frivolous lawsuits when they act in good faith

But in Texas, it has become a near‑total barrier for victims of government abuse.

How It’s Misused in Montgomery County, Texas

County Attorney Dan Plake has repeatedly used qualified immunity to:

Dismiss civil rights lawsuits before discovery

Misquote or distort precedent (e.g., Elder v. Holloway, 1994)

Cite outdated or irrelevant Fifth Circuit rulings

Shield officers in cases involving false mental health profiling, political profiling, excessive force, illegal searches, and retaliatory arrests.

This practice undermines constitutional protections and denies citizens meaningful access to justice.

Real‑World Impact

When immunity is invoked prematurely:

Plaintiffs are silenced

Attorneys avoid taking civil rights cases

Law enforcement misconduct becomes insulated

Patterns of retaliation, surveillance, and coercion go unchallenged

Justice Guard has documented repeated use of psychological pressure, retaliatory arrests, and targeted harassment, all later buried under immunity defenses.

What Needs to Change

Transparency

Citizens deserve to know when and why immunity is invoked.

Judicial Scrutiny

Courts must stop rubber‑stamping immunity claims without factual review.

Legislative Reform

Texas lawmakers must revisit how immunity is applied at the county level.

Public Reporting Tools

Justice Guard is developing systems to track misconduct and immunity‑based dismissals.