Case law

Pere v. Nuovo Pignone, Inc.

150 F.3d 477 · Court of Appeals for the Fifth Circuit · Aug 7, 1998

To bring suit, the plaintiff must establish that one of the exceptions listed in §§ 1605 and 1607 applies. … Once that party makes such a showing, the burden shifts to the opposing party to raise the exceptions to sovereign immunity and to assert facts that would establish these exceptions.

Jones v. Petty-Ray Geophysical, Geosource, Inc.

954 F.2d 1061 · Court of Appeals for the Fifth Circuit · Feb 28, 1992

It does no business in Texas, nor is it qualified to do so, and it has no property or employees there. Total CFP is a French corporation. … Total CFP is not qualified to do business in Texas; moreover, the record reflects that it does not do any business directly in Texas or have any employees or property there. B.

Miller v. Texas Tech University Health Sciences Center

421 F.3d 342 · Court of Appeals for the Fifth Circuit · Aug 15, 2005

That interest, which is undeniably significant and clearly reflected in the legislative history, flows with every dollar spent by a department or agency receiving federal funds. … ” 31 We also stated in Pace II that, “[a]t bottom ... if Congress satisfies the clear statement *351 rule, the knowledge prong of the Spending Clause waiver analysis is fulfilled.” 32 Finding that § 504 and § 2000d-7 clearly

Douglas Morgan v. The City of Desoto, Texas

900 F.2d 811 · Court of Appeals for the Fifth Circuit · May 10, 1990

However, even if probable cause did not in fact exist, the law enforcement officials were entitled to qualified immunity if a reasonable officer could have believed the arrest to have been lawful, in light of clearly established … It follows that the qualified immunity of the arresting officers was not established, and neither was probable cause for the arrests.

C.H. ex rel. L.H. v. Rankin County School District

415 F. App'x 541 · Court of Appeals for the Fifth Circuit · Mar 4, 2011

immunity on Plaintiffs’ First Amendment claim. … The district court held that the officers were entitled to qualified immunity on Plaintiffs’ false arrest claims because no constitutional violation had occurred.

Eugene v. Alief Independent School Dist.

Court of Appeals for the Fifth Circuit · Oct 5, 1995

However, qualified immunity does not shield a public official whose conduct violates clearly-established constitutional rights, if a reasonable person would have known that such conduct was unconstitutional … To establish that Conley and Griffin are not entitled to qualified immunity, Eugene must satisfy a three-pronged test.

Keith Harris v. Texas Veterans Commission

827 F.3d 359 · Court of Appeals for the Fifth Circuit · Jun 23, 2016

Interim Sess., at 6 (Tex. 2004). 2 To qualify for in-state tuition, a person must have “established a domicile in this state not later than one year before the census date of the academic term in which the person … Enlistment at any point will qualify a resident for benefits.

PYCA Industries, Inc. v. Harrison County Waste Water Management District

81 F.3d 1412 · Court of Appeals for the Fifth Circuit · May 3, 1996

This language, clearly targeted at libel and slander actions, is not invoked by the allegations recounted in PYCA's tortious interference claim. … However, PYCA's authority relates to qualified immunity for government actors, not sovereign immunity for the state, and is thus distinguishable. See West, 642 So.2d at 920; Grantham, 522 So.2d at 225.

Freedom From Religion Fdn Inc. v. Greg Abbott, et

955 F.3d 417 · Court of Appeals for the Fifth Circuit · Apr 3, 2020

Welsh in his individual capacity on qualified immunity grounds. On December 20, 2016, the district court granted Governor Abbott and Mr. … Welsh in their official capacities and dismissed the Establishment Clause claim against Governor Abbott in his individual capacity on qualified immunity grounds.

Glenda Merwine v. Board of Trustees for State Institutions of Higher Learning

754 F.2d 631 · Court of Appeals for the Fifth Circuit · Mar 8, 1985

Finally, she contends that the magistrate’s determination that she had failed to establish her Title VII claim of disparate impact was clearly erroneous. For the reasons that follow, we affirm. I. … As the magistrate found during the course of his analysis of the disparate treatment issue, “the evidence clearly establishes that the degree is a standard widely recognized by academic and professional employers____” In

Ralph A. Walters v. City of Ocean Springs and Kevin Alves

626 F.2d 1317 · Court of Appeals for the Fifth Circuit · Oct 3, 1980

immunity. … immunity on the basis of his good faith.

Eunice Winzer v. Kaufman County

940 F.3d 900 · Court of Appeals for the Fifth Circuit · Oct 21, 2019

[T]here is little chance that, any time soon, the Fifth Circuit will confer the qualified-immunity protection that heretofore-settled Supreme Court and Fifth Circuit caselaw requires.” Cole v. … Indeed, 1 Courts analyze the actions of law enforcement officers for qualified immunity purposes based on the facts and reasonable beliefs they possess at the time they act.

Kerry Copsey and Cindy Copsey v. Jerry Swearingen, Individually and as the Director of Blind Services

36 F.3d 1336 · Court of Appeals for the Fifth Circuit · Nov 22, 1994

The court also held that Swearingen was entitled to qualified immunity. See id. at 123 . … We also conclude that the district court erred in awarding qualified immunity to Swearingen.

Raj v. Louisiana State University

714 F.3d 322 · Court of Appeals for the Fifth Circuit · Apr 22, 2013

Raj alleges that in January 2011, he discovered that his salary was the lowest of all similarly-qualified professors throughout his employment. … Ann. § 17:3220 (LSU is “established and maintained to serve the educational needs of the people of the state”); see Delahoussaye, 937 F.2d at 148.

Doyle Nations and Marie Nations v. Sun Oil Company (Delaware) and Sun Production Company

695 F.2d 933 · Court of Appeals for the Fifth Circuit · Jan 20, 1983

A third possible situation is where the subcontractor qualifies as an employer under the Act. … The judge’s answers here were clearly responsive, so the issues are whether they clearly stated the law and whether they were prejudicial. The jury sent two questions to the district judge.

United States v. Mobil Oil Corporation

464 F.2d 1124 · Court of Appeals for the Fifth Circuit · Sep 12, 1972

the class of persons to whom the immunity extends. … A more restrictive interpretation would frustrate congressional purpose by exempting from the operation of the Act a large class of persons who are uniquely qualified to assume the burden imposed by it.

Cronen v. Texas Dept. of Human Services

Court of Appeals for the Fifth Circuit · Nov 18, 1992

granted qualified immunity from damage suits. … Because qualified immunity constitutes an affirmative defense, the defendant must both plead and establish his entitlement to the defense. Gomez v.

Moore v. Willis Independent School District

233 F.3d 871 · Court of Appeals for the Fifth Circuit · Dec 1, 2000

(As a matter of fact, Texas school districts generally do have state-law governmental immunity from tort claims brought by injured students. 8 ) In the instant case, the district court concluded that Coach Beene was immune … Koch, 96 F.3d 1298 , 1303 n. 4, 1304 (9th Cir. 1996) (stating that principal who physically assaulted students violated their clearly established constitutional rights, but noting that “for purposes of resolving this qualified

Peterson v. Wilson

141 F.3d 573 · Court of Appeals for the Fifth Circuit · May 18, 1998

immunity. … Moreover, were we to consider Wilson’s immunity claim at this post-trial, post-verdict late hour, we would see not only that Peterson’s constitutional rights in his employment were clearly established before Wilson fired

Anna G. Lewis, Cross-Appellants v. Parish of Terrebonne, Godfrey Boquet, Cross-Appellee

894 F.2d 142 · Court of Appeals for the Fifth Circuit · Feb 12, 1990

We quickly dispose of the defendant’s qualified immunity argument. … The doctrine of qualified immunity may insulate a public official from personal exposure to liability if the damage causing action of the public official does not violate clearly established constitutional rights of which