Case law

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.

In Re Katrina Canal Litigation Breaches

524 F.3d 700 · Court of Appeals for the Fifth Circuit · Apr 23, 2008

insurers who each qualified to do business in the State and are subject to its regulation. … The Eleventh Amendment confirmed rather than established sovereign immunity as a constitutional principle; it follows that the scope of the States’ immunity from suit is demarcated not by the text of the

Milligan v. City of Slidell

226 F.3d 652 · Court of Appeals for the Fifth Circuit · Sep 27, 2000

DISCUSSION 5 Qualified immunity shields public officials, like the officers here, from damages actions unless their conduct was unreasonable in light of clearly established law. See Elder v. … In a qualified immunity case, a court often initially decides whether the facts establish a violation of a constitutional right at all. See Wilson v.

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.

Deanna Robinson v. Hunt County, Texas

921 F.3d 440 · Court of Appeals for the Fifth Circuit · Apr 15, 2019

This reflects the standard for qualified immunity. See Ashcroft v. al-Kidd, 563 U.S. 731, 741–43 (2011). … Robinson is not required to demonstrate a violation of clearly established law to obtain a preliminary injunction.

Kazmier v. Widmann

225 F.3d 519 · Court of Appeals for the Fifth Circuit · Aug 29, 2000

Vice President of the National Coalition for Cancer Survivorship) (stating that the "disparate treatment" of cancer survivors "includes dismissal, demotion, and loss of benefits” and that “[sjuch discrimination against qualified … Clearly, parental leave is a fact of life in the public sector- And if government at all levels can live with unpaid parental leave, then so can private industry.”). . See Fl.

Bennett v. City of Grand Prairie, Texas

883 F.2d 400 · Court of Appeals for the Fifth Circuit · Sep 19, 1989

Official Immunity 49 Mr. … determining qualified immunity, the actions of a reasonably competent officer are "assessed in [the] light of the legal rules that were 'clearly established' at the time [the action] was taken." 22 A legal right is "clearly

City of Austin v. Ken Paxton

943 F.3d 993 · Court of Appeals for the Fifth Circuit · Dec 4, 2019

Enter the Ex parte Young exception to Eleventh Amendment sovereign immunity, which was established in its namesake case. See 209 U.S. 123 (1908). … Here, the City clearly named only the “Texas Workforce Commission,” a state agency immune to suit, and did not name any individual commissioners.

Eugene Griffin, a Minor by His Next Friend and Father, Roosevelt Griffin v. Lavon Breckenridge

410 F.2d 817 · Court of Appeals for the Fifth Circuit · Apr 29, 1969

Amendment. 17 *822 Unlike appellants’ other claims, these rights are “fundamental to the concept of our Federal Union,” 383 U.S. at 757, 86 S.Ct. at 1178, and implicit in our form of republican government. 18 It is well established … immunities of national citizenship 24 Judge Healy, dissenting in the Court of Appeals in Collins, was of the view that “privileges and immunities under the laws” was derivative from the Fourteenth Amendment and therefore

Nelson v. University of Texas at Dallas

535 F.3d 318 · Court of Appeals for the Fifth Circuit · Jul 10, 2008

Thus, we clearly held that a claim for reinstatement was cognizable under Ex parte Young. We followed Warnock in Sternadel v. Scott, No. 00-50106, 2001 WL 563628 (5th Cir. … Apr. 3, 2000), we noted (and the parties conceded) that reinstatement “would qualify as acceptable injunctive relief” for Ex parte Young purposes. Id. at *2.

Resendiz v. Miller

203 F.3d 902 · Court of Appeals for the Fifth Circuit · Feb 25, 2000

The district court granted 1 the defendants’ motion for summary judgment on the basis of qualified immunity after determining that the arrest was based on probable … Accordingly, appellants have failed to establish a violation of their Fourth Amendment rights and appellees are entitled to qualified immunity. See Kerr v. Lyford, 171 F.3d 330, 338 (5th Cir. 1999).

Dunn v. Denk

Court of Appeals for the Fifth Circuit · Jun 13, 1995

It goes without saying that, to avoid a qualified immunity defense, a plaintiff must claim a constitutional violation that was clearly established at the time of the alleged wrongful conduct. E.g., Walton v. … as to place Officer Denk outside the protection of qualified immunity.

Dunn v. Denk

Court of Appeals for the Fifth Circuit · Jun 13, 1995

It goes without saying that, to avoid a qualified immunity defense, a plaintiff must claim a constitutional violation that was clearly established at the time of the alleged wrongful conduct. E.g., Walton v. … as to place Officer Denk outside the protection of qualified immunity.

Johnson v. Johnson

Court of Appeals for the Fifth Circuit · Oct 13, 2004

The defendants are entitled to qualified immunity unless their conduct was not only illegal but also violated clearly established law such that their behavior was objectively unreasonable. … Moreover, they would be entitled to qualified immunity unless clearly established law showed that their response was insufficient.

Howard Mattheson v. John T. King, Secretary of the Department of Corrections

751 F.2d 1432 · Court of Appeals for the Fifth Circuit · Jan 22, 1985

The Death-Qualified Jury. … Use Immunity.

Gibbs v. Grimmette

254 F.3d 545 · Court of Appeals for the Fifth Circuit · Jun 15, 2001

The court determined that the three nurses did not violate Gibbs’ constitutional rights and therefore were entitled to qualified immunity. … a clearly established statutory or constitutional right of which a reasonable person should have known.

Linnie Carl McCollan v. G. R. Tate, T. L. Baker and Transamerica Insurance Company

575 F.2d 509 · Court of Appeals for the Fifth Circuit · Jun 19, 1978

The court, sitting en banc, held that a sheriff has the kind of qualified immunity which the Supreme Court has recognized in certain other public officials. See Wood v. … Bryan answered the qualified immunity question but said nothing about the application of respondeat superior notions to plaintiff’s prima facie case. See also Lewis v.

Pickett v. Texas Tech Univ

37 F.4th 1013 · Court of Appeals for the Fifth Circuit · Jun 15, 2022

The Center agreed that Pickett had a qualifying disability. … And the district court has jurisdiction only if the ADA abrogated state sovereign immunity. That fact goes a long way towards establishing that the issues are intertwined.

Castro v. United States

581 F.3d 275 · Court of Appeals for the Fifth Circuit · Mar 17, 2009

immunity, Bivens at least requires that constitutional rights be “clearly established” before liability ensues against federal officers, see, e.g., Harlow v. … established Fourth Amendment right to be free from unreasonable seizure was violated, but it is not clearly established that leaving a minor with his parent, in the absence of any court order dictating otherwise, is an unreasonable

In the Matter of Thomas Cullen Davis and Karen Joyce Davis, Debtors. Sandra Davis v. Thomas Cullen Davis

105 F.3d 1017 · Court of Appeals for the Fifth Circuit · Feb 12, 1997

The context in which § 522(c)(1) occurs, the text of the Bankruptcy Code as a whole, including particularly § 522(b), (c) & (f) in pari materia, and the legislative history of those provisions, clearly show that § 522(c)( … The power of Congress to establish uniform laws on the subject of bankruptcies throughout the United States is unrestricted and paramount. U.S. Constitution, Art. I, § 8, cl. 4; International Shoe Co. v.