Case law

Nancy Crowder, Individually and as Independent of the Estate of James Ralston Crowder, Cross-Appellant v. Ken Sinyard, Cross-Appellees. Nancy Crowder, Individually and as Independent of the Estate of James Ralston Crowder v. Ken Sinyard v. Winston P. Crowder

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

Pederson v. Louisiana State University

213 F.3d 858 · Court of Appeals for the Fifth Circuit · Jan 27, 2000

Id. at 115 n.2. 6 capacities on the basis of qualified immunity, and also dismissed the remaining § 1983 and Fourteenth Amendment claims. … See Appellants’ Brief at 34-35 (“Although the District Court (contrary to Rules 23 and 52) made no factual findings supporting its holding as to numerosity, the trial evidence clearly established the numerosity element

Mitchell v. Advanced HCS

28 F.4th 580 · Court of Appeals for the Fifth Circuit · Mar 10, 2022

The Act clearly states that its willful-misconduct cause of action creates “a standard for liability that is more stringent than a standard of negligence in any form or recklessness.” 42 U.S.C. § 247d-6d(c)(1)(B) … That argument fails because the relevance of the Act’s immunity provisions is defensive, as is its preemptive effect.

Roberts v. Williams

456 F.2d 819 · Court of Appeals for the Fifth Circuit · Apr 1, 1972

They regarded him as of good reputation and well qualified for his post. … Knox, would allow a qualified immunity based on good faith performance of duty as the officials understood it. As to the onerous burden on a plaintiff under Sec. 1983 to satisfy that standard, see Magruder, C. J.'

Blanks v. Murco Drilling Corp.

766 F.2d 891 · Court of Appeals for the Fifth Circuit · Jul 29, 1985

Although there was no written contract between ANR and Consolidated, Consolidated was clearly working directly for ANR and for ANR’s benefit. … This absurd result would defeat the purpose of granting immunity to a principal.

Sterling v. City of Jackson

Court of Appeals for the Fifth Circuit · Sep 4, 2026

But even if Plaintiffs could plausibly allege a violation of any substantive due-process right, they fail to allege a violation of a clearly established right, so the City officials would be entitled to qualified immunity … majority opinion that the City official defendants are entitled to qualified immunity, as there is neither controlling authority nor a robust consensus of persuasive authority that clearly establishes the rights on which

Castellano v. Fragozo

311 F.3d 689 · Court of Appeals for the Fifth Circuit · Nov 20, 2002

Qualified Immunity In his JMOL motions at the close of Castellano’s case and at the close of all the evidence, Fragozo argued that there was insufficient evidence to support the jury’s finding that, for purposes of qualified … to qualified immunity, the jury must determine whether: (1) plaintiff alleged a violation of a clearly established constitutional right 43 and (2) the official’s conduct was objectively unreasonable under clearly established

In Re: Katrina Canal Breaches

673 F.3d 381 · Court of Appeals for the Fifth Circuit · Mar 2, 2012

Bernard plaintiffs’ argument, then, we must determine whether the Corps’s decision to dredge MRGO instead of implementing foreshore protection constitutes flood-control activity qualifying for Section 702c immunity. … The Franzes have thus failed to establish that MRGO’s floodwaters were a cause-in-fact of the destruction. VI. The Armstrong Trial: No Mandamus.

Folsom Investment Company, Inc. v. Maxie R. Moore, Folsom Investment Company, Inc., and Daniel R. Scullin v. St. Paul Fire & Marine Ins. Co., Kenneth C. Scullin v. St. Paul Fire & Marine Ins. Co.

681 F.2d 1032 · Court of Appeals for the Fifth Circuit · Aug 6, 1982

He suggested as a possibility the qualified immunity presently available to state officials. Id. Justice Powell, in a dissent concurred in by two other justices, agreed with Justice White's suggestion of an immunity. … We hold that a private party who attempts to secure rights under a presumptively valid attachment statute may establish that he is immune from monetary damages and set forth standards for such an immunity. 22 The reasons

Thomas v. City of Dallas

Court of Appeals for the Fifth Circuit · Jun 7, 1999

IV Allen also claims absolute immunity, alternatively, qualified immunity. She asserts her position is essentially that of a prosecutor. See URSB Code § 27-13(j). … of the legal rules clearly established.

Indigo Williams v. Tate Reeves

981 F.3d 437 · Court of Appeals for the Fifth Circuit · Dec 7, 2020

Pennhurst clearly forbids federal courts from adjudicating claims of state law against nonconsenting sovereign states in federal court. … Ct. at 908 (“This Court's decisions thus establish that an unconsenting State is immune from suits brought in federal courts by her own citizens as well as by citizens of another state.”

Sys Contr Corp v. Orleans Parish Sch

Court of Appeals for the Fifth Circuit · Aug 24, 1998

Government officials performing discretionary functions enjoy the protection of qualified immunity in § 1983 cases.10 Officials are immune if their actions are “objectively reasonable” in the light of “clearly established … Gilley, the Supreme Court established a two-step analysis for qualified immunity cases.12 First, we determine whether the plaintiff alleged the violation of a clearly established constitutional right under currently applicable

Andrew Sims v. C. L. Adams, III

537 F.2d 829 · Court of Appeals for the Fifth Circuit · Aug 25, 1976

The supervisory defendants argue that the dismissal was nonetheless appropriate because they are shielded by the qualified immunity of Scheuer v. Rhodes, 416 U.S. 232 , 94 S.Ct. 1683 , 40 L.Ed.2d 90 (1974), Wood v. … The qualified immunity or good-faith defense which these cases describe is one which turns on the circumstances and motivations of the defendant, and it therefore ordinarily requires some evidentiary showing.

Garner v. Giarrusso

571 F.2d 1330 · Court of Appeals for the Fifth Circuit · Apr 26, 1978

Nor does the record establish Garner’s claim. Consequently, we find no error justifying a reversal or remand. … We recognize that the Supreme Court has accorded some government officials either an absolute or qualified immunity from damage liability under § 1983. Imbler v.

Angelides v. Baylor College of Medicine

117 F.3d 833 · Court of Appeals for the Fifth Circuit · Jul 11, 1997

Second, appellants contended that they were entitled to qualified immunity from the purported constitutional tort claims in the suit. … District court invocation of § 1447(c) precludes review of a remand order no matter how clearly erroneous the order appears on its face. Thermtron, 423 U.S. at 343.

Tobias v. Price

389 F. App'x 374 · Court of Appeals for the Fifth Circuit · Aug 9, 2010

The district court found that Price, a Court Security Officer for Judge Buchmeyer, was entitled to absolute judicial immunity and qualified immunity from Tobias’s claim that Price wrongfully removed Tobias from the courtroom … Tobias fails to state a violation of a clearly established constitutional right or show that Price acted unreasonably in removing him from the courtroom. See Illinois v.

Springdale Convalescent Center v. F. David Mathews, Secretary of Health, Education and Welfare

545 F.2d 943 · Court of Appeals for the Fifth Circuit · Jan 20, 1977

Wiesenfeld, 420 U.S. 636 , 95 S.Ct. 1225 , 1230 n.10, 43 L.Ed.2d 514 (1975), we are clearly presented with a case falling within our federal question jurisdiction. … During these periods the Act provided for review of the Secretary’s determinations that an institution was not qualified to be a provider of services and that a once qualified provider was no longer eligible to maintain its

Doe v. Hillsboro ISD

Court of Appeals for the Fifth Circuit · Apr 24, 1996

Qualified immunity shields public officials from exposure to extensive discovery, trial, and liability for alleged constitutional torts if their questioned conduct does not violate clearly established … "The defense of qualified immunity protects a public official from liability in the performance of his duties unless he violates a clearly established statutory or constitutional right of another known

The State of Texas v. Thompson

Court of Appeals for the Fifth Circuit · Dec 8, 1995

DISCUSSION We review a denial of summary judgment based upon qualified immunity in a § 1983 action de novo under well-established 1 By agreement of the parties, the magistrate … The first step in assessing a claim of qualified immunity is to ascertain whether the plaintiff has alleged the violation of a clearly established constitutional right. Siegert v.

Philip Cabrol, Gloria Cabrol v. Town of Youngsville Lucas Denais, Mayor

106 F.3d 101 · Court of Appeals for the Fifth Circuit · Feb 24, 1997

D.Qualified Immunity In 42 U.S.C. § 1983 actions in which qualified immunity is asserted, we, as previously noted, first determine if a constitutional violation has occurred. Siegert v. … Because we find no constitutional violations, as e:xplained in our discussion, we need not address the qualified immunity issue.