Case law

Chester Jennings, Leonard Barnes and Eunice G. Farrington, Etc. v. Donald Patterson

488 F.2d 436 · Court of Appeals for the Fifth Circuit · Jan 17, 1974

Clearly, these persons, because they are black, have been denied the right to hold and enjoy their property on the same basis as white citizens. See Jones v. Mayer Co., 392 U.S. 409 , 88 5. … Such proof would meet the standards required to show a violation of 42 U.S.C.A. § 1985 (3) as established by Griffin v.

Springboards v. IDEA Public Schools

Court of Appeals for the Fifth Circuit · Mar 8, 2023

The doctrine of sovereign immunity was firmly established in the English common law by the thirteenth century. Clyde E. … In sum, it’s clear that incorporated entities or entities with sue-and- be-sued clauses did not qualify as “the State” for purposes of sovereign immunity at the Founding.

Watts v. Northside Indep Sch Dist

37 F.4th 1094 · Court of Appeals for the Fifth Circuit · Jun 27, 2022

A claim that we have expressly not recognized is the antithesis of a clearly established one. See Keller v. … Fleming, 952 F.3d 216, 227 (5th Cir. 2020) (dismissing a case on qualified immunity grounds because the Fourteenth Amendment claim required recognition of the state-created-danger theory).

Earles v. State Board of Certified Public Accountants

139 F.3d 1033 · Court of Appeals for the Fifth Circuit · Apr 24, 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.

Louisiana v. AAA Insurance

524 F.3d 700 · Court of Appeals for the Fifth Circuit · Apr 11, 2008

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 Amendment alone but

James v. Cleveland School Dist

45 F.4th 860 · Court of Appeals for the Fifth Circuit · Aug 17, 2022

Because the officials invoked qualified immunity, James bore the burden “to show that the defense is not available, though we still draw all inferences in [her] favor.” Wilson v. … Government officials merit qualified immunity unless (1) they “violated a statutory or constitutional right of the plaintiff” and (2) “the right was clearly established at the time of the violation.” Dyer v.

Young v. City Of Killeen

775 F.2d 1349 · Court of Appeals for the Fifth Circuit · Nov 8, 1985

That Texas statute, which waives governmental unit immunity where an employee commits a tort in the use of a motor driven vehicle or other tangible property, has an exemption which clearly applies to the present situation … In rejecting the qualified immunity of Olson, the court said: "While all witnesses agreed that at the moment David Young made a sudden movement Olson was justified in shooting, it would be anomalous indeed to suppose that

Guardian Flt v. Med Evaluators

140 F.4th 613 · Court of Appeals for the Fifth Circuit · Jun 12, 2025

The dispute involves what the NSA calls the “qualifying payment amount” or “QPA.” … Our cases clearly indicate that immunity analysis rests on functional categories, not on the status of the defendant.” (cleaned up)).

United States v. Newt W. Goodwin and Kathleen L. Nail

470 F.2d 893 · Court of Appeals for the Fifth Circuit · Jan 15, 1973

Hughes, an FBI agent who was qualified at trial as an expert in accounting, was allowed to invade the province of the jury by giving opinion testimony. … use” immunity or “transactional” immunity.

Polk v. Crawford

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

Polk also alleges financial harm, which separately establishes an Article III injury. 21 2. … Escrow work comfortably qualifies.

Robert L. Huffstutler v. Robert Bergland, Secretary of the United States Department of Agriculture

607 F.2d 1090 · Court of Appeals for the Fifth Circuit · Dec 3, 1979

While Beale holds that the doctrine of sovereign immunity bars a claim against the United States for injunctive relief, the opinion clearly states that a request for reinstatement should be considered in the nature of a petition … To establish such a due process deficit, Huffstutler must establish that in the course of terminating his employment, 1 the agency prepared a report, without giving him notice and an opportunity to be heard which was (a)

Williams v. Dallas Area Rapid Transit

242 F.3d 315 · Court of Appeals for the Fifth Circuit · Feb 22, 2001

When confronted with a governmental entity asserting Eleventh Amendment immunity as an arm of the state, we apply the test established in Clark v. Tarrant County, 798 F.2d 736 (5th Cir.1986). … Neither party can point to definitive authority establishing DART’s status under Texas law.

Hanson J. Broussard, Rhonda J. Broussard v. United States

989 F.2d 171 · Court of Appeals for the Fifth Circuit · Mar 24, 1993

Kaplan, 8 the plaintiffs sought to establish that the defendant physicians — who were temporary employees of the Veterans Administration — were independent contractors rather than employees who would be statutorily immune … III CONCLUSION The United States is immune from suits except to the extant it consents to be sued. The Federal Tort Claims Act is a statutory waiver of that immunity, but it is a limited waiver.

6 Fair empl.prac.cas. 1109, 6 Empl. Prac. Dec. P 9041, 8 Empl. Prac. Dec. P 9487 Willie Penn, Individually, Etc. v. James R. Schlesinger, Individually and as Secretary of Defense, Etc.

490 F.2d 700 · Court of Appeals for the Fifth Circuit · Mar 15, 1974

SOVEREIGN IMMUNITY. 11 In the first place, we agree with the district court's analysis that Section 1981 does not constitute a waiver of sovereign immunity by the federal government. … point, suit in federal court alleging that discrimination had occurred and no remedy had been afforded would have been proper. 28 If the plaintiffs had deliberately by-passed their administrative remedies, this suit would clearly

Natherlean G. Kelly v. West Baton Rouge Parish School Board

517 F.2d 194 · Court of Appeals for the Fifth Circuit · Aug 7, 1975

The evidence shows clearly and without dispute that no such preference was accorded either plaintiff. There is no question but that each plaintiff was a qualified elementary school teacher. … (p. 911) Judge Thornberry also held “clearly violated Singleton’s requirement that the district give Ward the right of first refusal for a position for which he is qualified.”

Radio Whkw, Inc., an Alabama Corporation v. Ben Yarber

838 F.2d 1439 · Court of Appeals for the Fifth Circuit · Apr 7, 1988

Hence, Yarber argued, Radio WHKW did not qualify to sue in Mississippi state or federal courts because of the door-closing statute. … from the requirement that a foreign corporation transacting business in interstate commerce qualify to do business within the state. 2 Yarber responds that the district court’s finding is not clearly erroneous and, therefore

Estate of Joseph D. Farrar and Dale Lawson Farrar v. Clarence D. Cain, and William P. Hobby, Jr.

941 F.2d 1311 · Court of Appeals for the Fifth Circuit · Sep 17, 1991

The prison officials contested the constitutional claim and invoked qualified immunity. The district court granted summary judgment for the defendants but did not decide the immunity issue. … On remand the district court granted summary judgment for the defendants on the basis of qualified immunity.

Moore v. U.S. Dept. of Agriculture on Behalf of Farmers Home Admin.

Court of Appeals for the Fifth Circuit · Jun 6, 1995

(3) the applicant was denied credit notwithstanding his qualifications.5 The court easily concluded that the Moores could not establish the second element, i.e., that they were qualified for credit, and … of McDonnell Douglas to establish an inference of discrimination.'"

Southern Railway Company v. Carl Talmadge Lanham

403 F.2d 119 · Court of Appeals for the Fifth Circuit · Mar 4, 1969

immunity from discovery conferred upon the work product of an attorney under Hickman v. … “Clearly enough, we quickly forget the bulk of what we perceive, our retention decreasing as the time interval increases.

Williams v. Kaufman County

352 F.3d 994 · Court of Appeals for the Fifth Circuit · Dec 9, 2003

immunity because the rule of law prohibiting these searches was clearly established at the time, making Harris’s conduct objectively unreasonable; (2) Harris is entitled to qualified immunity on Brown … Whether the law was “clearly established” Although we hold today that the prolonged detention of plaintiffs was unlawful, we nonetheless agree with the district court that qualified immunity