Case law

Janice Frazier, Cross-Appellant v. John T. King, Etc., Charles Davoli, Linda Mills and Donald Guillory, Cross-Appellees. Janice Frazier, Paul Henry Kidd v. John T. King, Etc., Charles Davoli, Linda Mills, and Donald Guillory

873 F.2d 820 · Court of Appeals for the Fifth Circuit · Jun 29, 1989

Qualified Immunity. 54 The defendants are not entitled to qualified immunity if Frazier's First Amendment rights were " 'clearly established' at the time of [the defendants'] conduct so that a reasonable official would have … Brawner, 855 F.2d at 191 . 55 The Supreme Court recently articulated what is meant by "a clearly established right." In Anderson v.

Stephen F. Hefner v. Ivan Alexander, Jr., Etc.

779 F.2d 277 · Court of Appeals for the Fifth Circuit · Dec 31, 1985

We are guided by the clearly erroneous standard in our review of the alleged facts that constitute bad faith harassment. … The alleged conspiracy to introduce a factor other than competence into the bar examination process is not the product of a clearly articulated and affirmatively expressed state policy and hence does not qualify for antitrust

Michael J. Sutton and John Wiley Mitchell v. United States

819 F.2d 1289 · Court of Appeals for the Fifth Circuit · Jun 25, 1987

Harlow recognized ... that officials who enjoy absolute or qualified immunity should be protected, when possible, from the burdens of discovery as well as trial.... We recently complimented this principle in Elliott v. … United States, 728 F.2d at 73 , or (ii) whether the United States may avail itself of any qualified immunity defense that may be raised by Inspector Woodard himself. Norton v.

W. v. Paley

81 F.4th 440 · Court of Appeals for the Fifth Circuit · Aug 28, 2023

It only decided the Fourth Amendment excessive force qualified immunity issue. Thus, law-of-the-case does not apply. See Pegues v. Morehouse Par. Sch. … The record clearly establishes that Washington was attempting to leave because of his disability.

Raymond W. Beall Hazel A. Beall v. United States

336 F.3d 419 · Court of Appeals for the Fifth Circuit · Jun 27, 2003

Meyer, 510 U.S. 471 , 114 S.Ct. 996, 1000 , 127 L.Ed.2d 308 (1994) (“Sovereign immunity is jurisdictional in nature.... Therefore, we must first decide whether ... immunity has been waived.”). … An abuse of discretion necessarily occurs where an act can only be described as clearly improper. See, e.g., United States v.

Joseph Cotropia v. Mary Chapman

978 F.3d 282 · Court of Appeals for the Fifth Circuit · Oct 22, 2020

The district court granted Chapman’s motion for summary judgment on the basis of qualified immunity (“QI”). We affirm. I. … Because regardless of whether the TMB investigator violated the Fourth Amendment, we all agree she is entitled to qualified immunity. 13

Ronald P. Richardson v. Les Fleming

651 F.2d 366 · Court of Appeals for the Fifth Circuit · Jul 22, 1981

In other words, the opinion qualified the vicarious liability of a state prosecutor as set forth in Madison v. … However, prosecutorial immunity has been negated or qualified in Lewis v. Brautigam, supra, (coercing a not guilty plea to a plea of guilty); Madison v.

Barrow v. Greenville Indep Sch

Court of Appeals for the Fifth Circuit · Jun 17, 2003

The district court determined that Barrow had failed to allege the violation of a clearly established constitutional right in 1998 and that Smith was therefore entitled to qualified immunity. … The question whether an asserted constitutional right is clearly established is one of law.

Alvarado De Rodriguez v. Holder

585 F.3d 227 · Court of Appeals for the Fifth Circuit · Oct 9, 2009

The BIA also held that the documentary evidence provided by Alvarado was “insufficient to establish that the respondent intended to establish a life with Mr. … DHS claims that this Court has no jurisdiction to consider Alvarado’s petition for review, because the BIA’s denial of the good faith waiver was a discretionary decision statutorily reserved to the Attorney General and immune

Scanlan v. Texas A&M University

343 F.3d 533 · Court of Appeals for the Fifth Circuit · Aug 19, 2003

immunity. … Later, the Court explained what is required to establish deliberate indifference. In Piotrowski v.

BWP Media USA, Inc. v. T & S Software Associates., Inc.

852 F.3d 436 · Court of Appeals for the Fifth Circuit · Mar 27, 2017

The Fourth Circuit also rejected the argument that “any immunity for the passive conduct of an ISP such as LoopNet must come from the safe harbor immunity provided by the Digital Millennium Copyright Act (‘DMCA’), if at all … In other words, whether there is volitional conduct is the first step of establishing infringement under Sections 106 and 501. See id.

S. Don Huckaby v. United States Department of the Treasury, Internal Revenue Service, Defendant

794 F.2d 1041 · Court of Appeals for the Fifth Circuit · Jul 23, 1986

Fitzgerald, 457 U.S. 800 , 102 S.Ct. 2727 , 73 L.Ed.2d 396 (1982). 5 The holding of Harlow that certain officials of the executive branch of the United States are entitled to qualified immunity is irrelevant to the case before … With respect to Martin’s actually providing Huckaby’s records to Dolezal, no remand is required because liability is clearly established.

Kenneth Don Earles v. State Board Of Certified Public Accountants Of Louisiana

139 F.3d 1033 · Court of Appeals for the Fifth Circuit · Jun 3, 1998

This danger is minimal, however, because of the requirement that the municipality act pursuant to a clearly articulated state policy. … So long as the Board is acting within its authority and pursuant to a clearly established state policy, there is no need for active supervision of the exercise of properly delegated authority.

Planned Parenthood v. Phillips

24 F.4th 442 · Court of Appeals for the Fifth Circuit · Jan 20, 2022

Sun Oil Co., 319 U.S. 315, 318, 332 (1943) (holding that a federal court may abstain from exercising its equity jurisdiction where doing so would “be prejudicial to the public interest” or would “so clearly involve[ … (“Once it is established that a State . . . [is] immune from suit . . . .”). As we characterized it in McCarthy, a proper invocation of sovereign immunity will be from the “entire suit.”

Billy Hale, Plaintiff-Appellee-Appellant-Cross-Appellant v. Randal M. Fish, Major J.W. Jones, Caddo Parish Sheriff's Office and James E. Magee, Fbi Agent, Cross-Appellees, and Don Hathaway, Sheriff, Caddo Parish, Jim Byrd, Captain, Caddo Parish Sheriff's Office and Myron Fuller, Fbi Agent, John S. Stephens, Plaintiff-Appellee-Cross-Appellant-Appellant v. Randal M. Fish, Major J.W. Jones, Caddo Parish Sheriff's Office and James E. Magee, Fbi Agent, Cross-Appellees, and Don Hathaway, Sheriff, Caddo Parish, Jim Byrd, Captain, Caddo Parish Sheriff's Office and Myron Fuller, Fbi Agent, Billy Hale v. Randal M. Fish, Jim McGee F.B.I, Agent J.W. Jones, Etc.

899 F.2d 390 · Court of Appeals for the Fifth Circuit · Apr 30, 1990

Qualified Immunity. 64 Both Major Jones and Special Agent Magee contend that the court erred in rejecting their defense of qualified immunity. … Under the doctrine of qualified immunity, federal and state law enforcement officers may be held liable for Fourth Amendment violations only if their actions violate "clearly established" rights. Anderson v.

Ironshore Europe DAC v. Schiff Hardin, L.L.P.

912 F.3d 759 · Court of Appeals for the Fifth Circuit · Jan 2, 2019

bears the burden of establishing entitlement to the defense.” 11 “To meet this burden, the attorney must ‘conclusively establish that [the] alleged conduct was within the scope of [the attorney’s] legal representation … from civil liability to non-clients ‘for actions taken in connection with representing a client in litigation.’” 23 Attorney immunity does not extend to actions that “do not qualify as ‘the kind of conduct in which an attorney

Gwen Togonidze v. Brad Livingston

618 F. App'x 201 · Court of Appeals for the Fifth Circuit · Jul 17, 2015

Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … ’ qualified immunity defense.

Weldy v. Hatch

481 F. App'x 119 · Court of Appeals for the Fifth Circuit · Apr 30, 2012

To prevail on her claim that Appellees used excessive force in violation of the Fourth Amendment, Weldy must establish “ ‘(1) injury, (2) which resulted directly and only from a use of force that was clearly excessive, and … Nonetheless, the jury found that both Hatch and Walker were entitled to qualified immunity. Weldy voluntarily dismissed her state-law false arrest claim. .

Harrison v. Young

48 F.4th 331 · Court of Appeals for the Fifth Circuit · Aug 31, 2022

Suits to enjoin violations of state law do not get around sovereign immunity. Id. … Sovereign immunity does not bar this suit.

Heath v. Brown

807 F.2d 1229 · Court of Appeals for the Fifth Circuit · Jan 20, 1987

immunity defense, see Pierson v. … San Jacinto Junior College, 519 F.2d 273 , 277 n. 1 (5th Cir.1975) (junior college liable despite qualified immunity of individual defendants) 2 In Brown v.