Case law

Melder v. Allstate Corp.

404 F.3d 328 · Court of Appeals for the Fifth Circuit · Mar 30, 2005

(For the latter point, Plaintiffs assert that, even if LIRC is entitled to immunity on damages, the immunity statute does not apply to claims for injunctive and declaratory relief. … In any event, for the reasons that follow, we need not decide whether LIRC is entitled to immunity.

United States v. Wright

634 F.3d 770 · Court of Appeals for the Fifth Circuit · Feb 23, 2011

You must consider whether the defendant should be found not guilty because he was authorized by a qualified official of the East Baton Rouge Parish Sheriff’s Office to participate, or to assist in the … Williams, 610 F.3d 271, 285 (5th Cir. 2010).1 In so doing, we “‘consider whether the charge, as a whole, was a correct statement of the law and whether it clearly instructed the jurors as to the principles of the law applicable

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

Snyder v. Trepagnier

Court of Appeals for the Fifth Circuit · Jun 12, 1998

the question of Trepagnier's qualified immunity. … There are two components to the qualified immunity inquiry: “'[(1)] clearly established law and [(2)] the information the . . . officers possessed.'” Hunter, 502 U.S. at 227 (quoting Anderson v.

Frias v. Hernandez

142 F.4th 803 · Court of Appeals for the Fifth Circuit · Jul 3, 2025

The district court granted Hernandez’s motion to dismiss the federal malicious- prosecution claim based on qualified immunity. … Not all so-called “immunities from suit” qualify for immediate appeal.

Jones v. City of Grand Prairi

Court of Appeals for the Fifth Circuit · Oct 31, 2003

Second, a defense of qualified immunity will succeed if the defendant’s conduct was objectively reasonable at the time in light of clearly established law. Id. … See also id. at 808-09 (noting that unlike the federal law on qualified immunity, Texas does not concern itself with whether a plaintiff alleged a clearly established constitutional right).

Aldy v. Valmet Paper MacHinery

74 F.3d 72 · Court of Appeals for the Fifth Circuit · Jan 22, 1996

§ 1291, under the collateral order doctrine established in Cohen v. … No one disputes that Valmet qualifies as a foreign sovereign. See 28 U.S.C. § 1603(b)(2). As such, it is immune from suit in the United States unless one of the enumerated exceptions to the FSIA applies.

Ecuadorian v. Chevron Corp.

619 F.3d 373 · Court of Appeals for the Fifth Circuit · Sep 8, 2010

Consequently, the plaintiffs have not established that Ecuadorian law shields 3TM from discovery. … However, the district court did not clearly specify the level of similarity between the Cabrera report and 3TM work product necessary to show that a waiver of immunity from discovery occurred.

Lori Rayborn v. Bossier Parish School System, et a

881 F.3d 409 · Court of Appeals for the Fifth Circuit · Feb 2, 2018

“To overcome an official’s qualified immunity defense, a plaintiff must show that the evidence, viewed in the light most favorable to him, is sufficient to establish a genuine dispute (1) that the official violated a statutory … or constitutional right, and (2) that the right was clearly established at the time of the challenged conduct.”

Intracoastal Transportation, Inc., and Anderson Marine Construction, Inc. v. Decatur County, Georgia, Department of Transportation

482 F.2d 361 · Court of Appeals for the Fifth Circuit · Aug 28, 1973

See, Bridge Act of 1906, 33 U.S.C. § 491 et seq., which establishes standards for bridges over navigable waters. . … ] but such liability is clearly implied.

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.

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.

Public Citizen, Inc. v. United States Environmental Protection Agency

343 F.3d 449 · Court of Appeals for the Fifth Circuit · Aug 15, 2003

According to the EPA, these amendments: (1) eliminated the application of immunity and privilege provisions to criminal actions; (2) eliminated the application of immunity where a violation … On the other hand, this is preceded by, “[w]henever the Administrator makes a determination [that a program is not being adequately administered]” — language which clearly grants discretion.

John Doe and Jane Doe, as Next Friend of Sarah Doe v. Rains County Independent School District, Dana White

66 F.3d 1402 · Court of Appeals for the Fifth Circuit · Oct 31, 1995

White appeals from the district court’s denial of her motion for summary judgment, in which she asserted qualified immunity. We do not reach the issue of qualified immunity. … When reviewing a district court’s rejection of a defendant’s assertion of qualified immunity, we start by asking whether plaintiffs have alleged a violation of a clearly established constitutional right. Blackwell v.

Mouille v. City of Live Oak, Tex.

Court of Appeals for the Fifth Circuit · Nov 13, 1992

Qualified Immunity—Britt Britt answers Liberda's Section 1983 claims with the affirmative defense of qualified immunity. Qualified immunity determinations implicate a multi-faceted framework. … This test represents the clearly established law, which guided law enforcement as of January 9, 1987.

White v. Balderama

161 F.3d 913 · Court of Appeals for the Fifth Circuit · Nov 30, 1998

PER CURIAM: Defendant-appellant Armando Balderama appealed the district court’s order denying his motion for summary judgment on the basis of qualified immunity as to plaintiff-appellee Donald Ray White’s claim under … upon portions of his statement of facts that differ from the facts the district court assumed, we would lack jurisdiction to consider them because they would involve challenges to the sufficiency of the evidence to establish

John Woolen, John D. Campisi, Individually and as Class Action , and Carl Whorton, Intervenors-Appellants v. Surtran Taxicabs, Inc., Ken Whorton v. City of Dallas, Texas

801 F.2d 159 · Court of Appeals for the Fifth Circuit · Sep 26, 1986

Finally, "City of Lafayette suggested, without deciding the issue, that it would be sufficient to obtain Parker immunity for a municipality to show that it acted pursuant to a 'clearly articulated and affirmatively expressed … The Court held that the system was a clearly articulated state policy, but that it did not meet the active supervision requirement: 58 The State simply authorizes price setting and enforces the prices established by private

Jackson v. Gautreaux

Court of Appeals for the Fifth Circuit · Jul 1, 2021

“Qualified immunity includes two inquiries. The first question is whether the officer violated a constitutional right. … The second question is whether the right at issue was clearly established at the time of the alleged misconduct.” Ibid. (quotation omitted).

Hazel Hill v. Mississippi State Employment Service

918 F.2d 1233 · Court of Appeals for the Fifth Circuit · Apr 15, 1991

In almost all respects, MSES complies with the operational guidelines established in the Employment Service Manual (ESMII). 2 Operating through numerous local offices throughout Mississippi, MSES refers qualified applicants … equal to or less than Hill’s, with 37 of the 66 clearly less qualified.

Charlene Leatherman v. Tarrant County Narcotics Intelligence and Coordination Unit

28 F.3d 1388 · Court of Appeals for the Fifth Circuit · Aug 5, 1994

Needless to say, qualified immunity does not mean that no constitutional violation occurred — only that the officer is immune. … And, it is well-established that an individual officer's qualified immunity does not protect a municipality. See Owen v. City of Independence, 445 U.S. 622, 650-58 , 100 S.Ct. 1398, 1415-19 , 63 L.Ed.2d 673 (1980).