Case law

Brown v. Bryan County, OK

67 F.3d 1174 · Court of Appeals for the Fifth Circuit · Jun 2, 1995

Appellants also contest the jury’s finding that Burns was not entitled to qualified immunity. A proper analysis of a qualified immunity defense requires us to conduct a two (sometimes three) prong inquiry. … Harris County, Tex., 21 F.3d 597, 602 (5th Cir.1994) (discussing officer’s qualified immunity). . Mrs.

Robinson v. Midland County, Texas

80 F.4th 704 · Court of Appeals for the Fifth Circuit · Sep 14, 2023

immunity claim: First, that there has been a violation of a constitutional right, and second, that “the right at issue was ‘clearly estab- lished’ at the time of defendant’s alleged misconduct.” … We have “discretion in deciding which of the two prongs of the qualified immunity analysis should be addressed first,” id.

Atwater v. City of Lago Vista

171 F.3d 258 · Court of Appeals for the Fifth Circuit · Jan 29, 1999

defendants were also entitled to qualified immunity. … Determining whether an official is entitled to qualified immunity is a two-step process requiring the court to determine (1) whether the plaintiff has alleged a violation of a clearly established constitutional right and

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.

Woolen v. Campisi

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: The State simply authorizes price setting and enforces the prices established by private

Miller v. Texas Tech University Health Sciences Center

330 F.3d 691 · Court of Appeals for the Fifth Circuit · May 13, 2003

State Univ., 213 F.3d 858 , 876 (5th Cir.2000), we held that § 2000d-7 “clearly, unambiguously, and unequivocally conditions receipt of federal funds under Title IX on the State’s waiver of [sovereign] immunity.” … Section 504 states in pertinent part, "No otherwise qualified individual with a disability ... shall, solely by reason of her or his disability, be excluded from participation in, be denied the benefits of, or be subjected

Bruce Rogers v. Shawna Boatright

709 F.3d 403 · Court of Appeals for the Fifth Circuit · Feb 18, 2013

The Eighth Circuit affirmed the district court’s order denying the defendant driver’s claim to qualified immunity and motion for summary judgment. Id. at 559-60. … Any unintended reference to a denial of qualified immunity in the second Brown decision, following discovery and summary judgment motions, is premature and inapposite to this case.

Scott v. University of MS

Court of Appeals for the Fifth Circuit · Aug 27, 1998

Coolbaugh clearly establishes that Congress’s § 5 enforcement powers are not limited to suspect classifications. … she was clearly better qualified.

Leslie Coleman v. United States

912 F.3d 824 · Court of Appeals for the Fifth Circuit · Jan 8, 2019

The FTCA is a limited waiver of the federal government’s immunity from tort lawsuits, allowing plaintiffs to sue the federal government “for money damages . . . … It is well-established that a state’s evidentiary rules can have substantive aspects in certain types of cases. See Conway v.

Bernice Garza v. Omar Escobar, Jr.

972 F.3d 721 · Court of Appeals for the Fifth Circuit · Aug 28, 2020

Escobar also asserted qualified immunity. The district court, in a careful and thorough opinion, granted Defendants judgment on the pleadings, holding Garza was not entitled to First Amendment protection. … immunity.

Trent Taylor v. Robert Stevens

978 F.3d 209 · Court of Appeals for the Fifth Circuit · Oct 15, 2020

The district court granted summary judgment for the defendants on the ground of qualified immunity (“QI”). We affirm. … It is not clearly established that observation of that sort is a qualitatively different condition that triggers a liberty interest.

Jeri Rich v. Michael Palko

920 F.3d 288 · Court of Appeals for the Fifth Circuit · Apr 3, 2019

immunity (“QI”). … Rich has not demonstrated that the officers violated clearly established 10See Sullivan, 106 F.

Tammy Bell v. Jon Thornburg

743 F.3d 84 · Court of Appeals for the Fifth Circuit · Jan 29, 2014

She was replaced by a white woman, who Bell contends was less qualified. B. … In Willingham, the Supreme Court considered whether the bare assertion of federal qualified immunity sufficed to allow removal under § 1442(a)(1). See 395 U.S. at 406–08.

K. P. v. Lorraine LeBlanc

729 F.3d 427 · Court of Appeals for the Fifth Circuit · Sep 4, 2013

The Board replied on July 5, 2007 that D.B. was a provider “qualified for acts of medical malpractice,” that Hope Medical was not qualified, and that K.P. was “not qualified as it pertains to this complaint.” … It reviewed an appeal arising out of a district court decision that dismissed the Providers’ entire suit on grounds of immunity.

Lookshin v. Aldine Indep School

Court of Appeals for the Fifth Circuit · Jul 26, 2000

“We “erred when it applied the wrong standard in have previously held that an order denying evaluating [his] qualified immunity defense.” qualified immunity under state law is … of qualified immunity is based solely on state law)). 2 elements of qualified immunity, on City of Lancaster

Sibley v. Lemaire

184 F.3d 481 · Court of Appeals for the Fifth Circuit · Aug 24, 1999

At that time, Trahan and Nolan moved for a determination of qualified immunity. … Amy with the expectation that some harm would result to Sibley. 17 reasonable and the prison officials are entitled to qualified immunity.

Morris v. Dillard Dept Stores

Court of Appeals for the Fifth Circuit · Jan 25, 2002

First, we determine whether a plaintiff has alleged a violation of a clearly established constitutional right, and second, whether the officer’s conduct was “objectively reasonable in light of clearly established law … The parties do not dispute that Morris has alleged deprivation of her clearly established right to be free from arrest and search without probable cause, or that the right was clearly established at the time of her arrest

Tercero v. TX Southmost Coll Dist

989 F.3d 291 · Court of Appeals for the Fifth Circuit · Feb 24, 2021

Nonetheless, Tercero does not clearly argue that any injuries flowed from her improper pretermination hearing, which is what her due-process violation theory was based on at trial. … “A district court abuses its discretion if it bases its decision on an erroneous view of the law or on a clearly erroneous assessment of the evidence.” Id.

Joe Keller v. Dravo Corporation

441 F.2d 1239 · Court of Appeals for the Fifth Circuit · Jun 29, 1971

Co., supra n. 4, because the facts developed in the Evans record clearly demonstrated that a cause of action did not exist. … Keller alleges that McDermott had a sufficient possessory interest in the vessel while it was aboard the dry dock to qualify McDermott as an owner, pro hac vice.

Pederson v. Louisiana State University

201 F.3d 388 · 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