Case law

Laura Sue Durrenberger Smith, and Martha Durrenberger McKnight Plaintiffs v. Gary Booth, District Director, I.R.S., and the United States of America

823 F.2d 94 · Court of Appeals for the Fifth Circuit · Jul 30, 1987

The IRS determined that only the Williamson County property qualified as a closely held business. … An exception to the bar of sovereign immunity cannot be established on the facts before us. III.

American Humanist Association v. Birdville

851 F.3d 521 · Court of Appeals for the Fifth Circuit · Mar 20, 2017

Chambers, 463 U.S. 783, 784–85 (1983), a 8The qualified-immunity and summary-judgment appeals have been consolidated. … Because there is no constitutional violation, we do not address qualified immunity except summarily to reverse the denial of immunity. See Lynch v.

Crowder v. Sinyard

884 F.2d 804 · Court of Appeals for the Fifth Circuit · Sep 21, 1989

Second, the individual defendants argue that the court erred in not holding that they were entitled to qualified immunity as a matter of law. … We thus come to what we believe is the heart of the qualified immunity issue in this case: Was it clearly unlawful for the defendants to assist in the search for the purpose of identifying, for seizure under the “plain view

Zulema De La Garza Perales, Cross-Appellants v. Richard Casillas, Cross-Appellees

950 F.2d 1066 · Court of Appeals for the Fifth Circuit · Jan 7, 1992

that occurred subsequent to performance of the attorney work when establishing a COLA. … The Supreme Court could not have more clearly stated that waivers of sovereign immunity must be strictly construed; therefore, the presumption is against allowing interest awards.

Ricky Blankenship v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

106 F.3d 1202 · Court of Appeals for the Fifth Circuit · Feb 20, 1997

While we do not mean to engraft the law of qualified immunity onto habeas jurisprudence, the same reasoning may properly be applied here in understanding what is meant by “clearly established.” … The AEDPA tells us to consider habeas relief only if the law was “clearly established.”

Martin v. Mem Hosp at Gulfport

Court of Appeals for the Fifth Circuit · Jul 10, 1996

A second major conception animating all of the immunity doctrines is that "where an official's duties legitimately require action in which clearly established rights are not implicated, the public interest may be … are entitled to qualified immunity as to the plaintiff's state claims.

Shinn Ex Rel. Shinn v. College Station Independent School District

96 F.3d 783 · Court of Appeals for the Fifth Circuit · Oct 3, 1996

Additionally, because the Plaintiffs have faded to establish the violation of a clearly established constitutional right, the Defendants in their individual capacities are entitled to qualified immunity. See Hassan v. … (stating standard for qualified immunity), cert. denied, -U.S. -, 116 S.Ct. 532 , 133 L.Ed.2d 438 (1995).

Hayter v. City of Mt Vernon

Court of Appeals for the Fifth Circuit · Oct 13, 1998

federal right allegedly infringed was “clearly established[.]” 516 U.S. at 312-313 (citations omitted). … Next, even if a public official’s conduct has violated a clearly established constitutional right, the official is nonetheless entitled to qualified immunity if his or her conduct was objectively reasonable.

Denson v. Wheeler

Court of Appeals for the Fifth Circuit · Jun 7, 2002

immunity from Denson’s § 1983 claim because the right was not clearly established and they acted in an objectively reasonable manner. … Harris County, 21 F.3d 597 (5th Cir. 1994) (qualified immunity shields a state actor conduct as long as the conduct (1) does not violate a clearly established right and (2) was objectively reasonable under existing law).

Carl Michael Seibert v. D. T. Baptist, District Director of Internal Revenue Service

594 F.2d 423 · Court of Appeals for the Fifth Circuit · May 3, 1979

Economou, - U.S. -, 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), the Supreme Court held that in suits for damages arising from unconstitutional action, federal executive officials are entitled only to the qualified immunity set … There the Supreme Court held that such officials were entitled to a qualified immunity from damage liability for constitutional deprivations.

Thomas v. Trico Products Corp.

256 F. App'x 658 · Court of Appeals for the Fifth Circuit · Oct 26, 2007

Shifting the burden of proof back to Thomas, he may prove that Trico’s reasons for not hiring him were pretextual by demonstrating that he was “clearly better qualified” than Eich. Manning v. Chevron Chem. … We have held, however, that “better education, work experience, and longer tenure with the company do not establish that [an applicant] is clearly better qualified,” meaning that an employer has a right to depart from published

Jackson v. Watkins

619 F.3d 463 · Court of Appeals for the Fifth Circuit · Sep 13, 2010

Defendants denied all claims, and Watkins asserted qualified immunity as to those claims filed against him in his individual capacity. … The court did not reach the question whether Watkins was entitled to qualified immunity, and it dismissed Jackson’s state-law claims without prejudice. See McClelland v.

Frank J. Gaines v. Cuna Mutual Insurance Society

681 F.2d 982 · Court of Appeals for the Fifth Circuit · Aug 4, 1982

Communication to all of them, therefore, was within the scope of the qualified privilege. … The record clearly establishes the possibility of an abuse of the insurance plan.

Sidney A. Sparks, R. L. Lynd, D/B/A Sidney A. Sparks, Trustee v. Duval County Ranch Company, Inc.

604 F.2d 976 · Court of Appeals for the Fifth Circuit · Oct 22, 1979

When this is clearly seen, it becomes equally clear that no sound policy supports conferring any such immunity on private persons who persuade a judge to exercise his jurisdiction corruptly. … Logically, Judge Carrillo’s immunity from the damages remedy did not in any manner effect his capacity to conspire, as might have, say, an established condition of insanity.

Robert W. Brooks v. George County, Mississippi, George County, Mississippi, Cross-Appellee, Wilbur Ward and Earl Koskela

84 F.3d 157 · Court of Appeals for the Fifth Circuit · May 16, 1996

Sheriff Howell’s Qualified Immunity We now consider whether Sheriff Howell is qualifiedly immune from liability in his individual capacity. … Sheriff Howell thus is not entitled to qualified immunity from individual liability on this due process claim. c.

John Madison and Kim Madison v. Richard E. Gerstein and E. Wilson Purdy

440 F.2d 338 · Court of Appeals for the Fifth Circuit · Mar 24, 1971

Clearly this defendant could have no vicarious liability for the acts of his assistant against which the assistant himself is immunized. … time; and potential liability which might deter qualified people from public service.

Office of Thrift Supervision v. Felt (Felt)

255 F.3d 220 · Court of Appeals for the Fifth Circuit · Jun 21, 2001

In a second appeal, the government tried again to raise its immunity defense, but we held that the immunity defense was foreclosed by our decision in the prior appeal. See id. at 761. … The record unambiguously establishes that, at the time he prepared and distributed the final offering materials, Felt objectively knew or should have known that the stock sale would not qualify for

Terrell v. United States Pipe & Foundry Co.

644 F.2d 1112 · Court of Appeals for the Fifth Circuit · May 14, 1981

We therefore hold that the Bessemer system cannot qualify for the immunity extended by section 703(h) of Title VII only to those seniority systems created and maintained without intention to discriminate. 42 U.S.C. § 2000e … We begin with certain well-established principles.

United States v. Richard A. Whittington, Richard Wolfe and W. Lewis Demoss, Jr., Defendants

783 F.2d 1210 · Court of Appeals for the Fifth Circuit · Apr 2, 1986

To qualify for the subsidies, a milk producer had to be in production as of November 29,1983, and establish a marketing history of production in the 1982 calendar year or earlier. 2 Louisiana Pacific Resources, Inc., a company … Triple Crown was itself ineligible for the subsidies because it could not establish a 1982 base period.

Mersch v. City of Dallas Texas

207 F.3d 732 · Court of Appeals for the Fifth Circuit · Mar 23, 2000

The magistrate judge admitted the testimony for summary judgment purposes, leading him to deny qualified immunity. … CONCLUSION The police officers have established that there is no genuine issue of material fact, and they are entitled to judgment as a matter of law upholding their qualified immunity.