Case law

Richard Jordan v. Marshall Fisher

813 F.3d 216 · Court of Appeals for the Fifth Circuit · Feb 10, 2016

The district court concluded Plaintiffs had demonstrated a substantial likelihood of success “at least, on their claim that Mississippi’s failure to use a drug which qualifies as an ‘ultra short-acting barbiturate or other … The district court’s “findings of fact ‘are subject to a clearly-erroneous standard of review,’ while conclusions of law ‘are subject to broad review and will be reversed if incorrect.’” Janvey v.

Lawrence v. University of Texas Medical Branch at Galveston

163 F.3d 309 · Court of Appeals for the Fifth Circuit · Jan 5, 1999

Wittich, were entitled to qualified immunity. Finally, the district court remanded Lawrence’s state law claims in the 212th Judicial District Court of Galveston County, Texas. … Additionally, because we hold that Lawrence failed to raise a genuine issue of material fact on her claims on the merits, we affirm summary judgment without reaching the issue of qualified immunity. 23 Finally, we address

Perez v. Lockheed Corp.

81 F.3d 570 · Court of Appeals for the Fifth Circuit · Apr 29, 1996

Clearly, the approvals in this case go far beyond mere rubber stamping. … The unrebutted affidavits and exhibits describing the development of the C-5A clearly establish that the Air Force approved reasonably precise specifications of the C-5A, *576 the C-5A conformed to those specifications and

Lesage v. State of Texas

158 F.3d 213 · Court of Appeals for the Fifth Circuit · Nov 2, 1998

Obviously, we’re interested in qualified people of Hispanic and African American background. … Obviously, we’re interested in qualified people of Hispanic and African American background.

Sterling Maurice Williams v. Alfonso C. Sepe

487 F.2d 913 · Court of Appeals for the Fifth Circuit · Nov 14, 1973

The record clearly establishes that in attempting to investigate a report that Williams had misrepresented himself as the Judge’s law clerk, Judge Sepe failed to comply with the procedure for prosecuting an indirect contempt … Sullivan, 1946, 157 Fla. 496 , 26 So.2d 509 , the test for the abrogation of judicial immunity is whether there is a clear absence of all jurisdiction over the subject matter. Bradley v.

MS Tabea Schiffahrtsgesellschaft MBH & Co. KG v. Board of Commissioners

636 F.3d 161 · Court of Appeals for the Fifth Circuit · Mar 18, 2011

The Supreme Court has developed a two-part test for determining whether governmental conduct qualifies as a discretionary function or duty. … However, § 2232(f)(1) clearly gives the Secretary the discretion to determine ex ante the feasibility of maintaining any such non-federal projects.

Byrd v. Corporacion Forestal Y Industrial De Olancho S.A.

182 F.3d 380 · Court of Appeals for the Fifth Circuit · Aug 10, 1999

The party claiming FSIA immunity, in this case appellants, have the initial burden of proof of establishing a prima facie case that it satisfies the definition of a “foreign state” within the meaning of the FSIA. … II Having established that each appellant is a “foreign state” as defined by the FSIA, we now examine whether any of the appellants lose that immunity pursuant to one of the statute’s several exceptions.

Un del Pueblo Entero v. Nelson

Court of Appeals for the Fifth Circuit · Dec 31, 2025

Pelletier 84 permitted interlocutory jurisdiction over an appeal from a denial of qualified immunity “when asserted as to fewer than all claims.” 85 When discussing interlocutory appellate jurisdiction in the past, this court … has found “no basis for distinguishing cases in which a state’s sovereign immunity is questioned” from cases involving “qualified or absolute immunity.” 86 Fourth and finally, Ogg considered the costs and consequences

Swiff-Train Company v. United States

443 F.2d 1140 · Court of Appeals for the Fifth Circuit · Jun 11, 1971

The trial court, clearly feeling that it would be inequitable for the governmental agency to escape liability because of the failure of Lt. … The statute just referred to, and the clearly expressed Congressional intent, were not available to the trial court at the time of its decision, because the amendment was passed later.

Mci Telecommunications Corporation v. Subhi Alhadhood

82 F.3d 658 · Court of Appeals for the Fifth Circuit · May 13, 1996

Mokarrab and Colonel Mubarak to MCI to pay for the calls qualified as "commercial activity" under that exception to the FSIA. … burden of proof on immunity."

Robert Swindol v. Aurora Flight Sciences Corp.

805 F.3d 516 · Court of Appeals for the Fifth Circuit · Aug 28, 2015

In his complaint, Swindol alleged only that Aurora “is a foreign corporation, organized and existing under the laws of the State of Delaware, qualified to do and doing business in the State of Mississippi,” with an agent … Section 45-9-55 clearly expresses a public policy prohibiting employers from barring employees from possessing firearms in the manner the plaintiff claims he did.

Ginette Bone v. Kelli Dunnaway

657 F. App'x 258 · Court of Appeals for the Fifth Circuit · Aug 5, 2016

“A public official is entitled to qualified immunity unless his conduct violates constitutional law that was ‘clearly established at the time of the defendant’s actions.’” Thompson, 762 F.3d at 435 (quoting Freeman v. … The right to be free from false arrest without probable cause is clearly established. See Club Retro, 568 F.3d at 206.

Randy Dowsey, by His Father and Next Friend Paul Dowsey v. Taylor Wilkins, Individually and as Sheriff of Baldwin County, Alabama

467 F.2d 1022 · Court of Appeals for the Fifth Circuit · Oct 25, 1972

Because of a failure to establish any § 1985 right, the interrelated, dependent cause of action under Section 1986 was also correctly dismissed. … more persons conspire to prevent by force, intimidation, or threat, any citizen who is lawfully entitled to vote, from giving his support or advocacy in a legal manner, toward or in favor of the election of any lawfully qualified

Lesage v. State of Tex.

158 F.3d 213 · Court of Appeals for the Fifth Circuit · Oct 13, 1998

Obviously, we're interested in qualified people of Hispanic and African American background. … Obviously, we're interested in qualified people of Hispanic and African American background.

Jones v. Diamond

519 F.2d 1090 · Court of Appeals for the Fifth Circuit · Sep 26, 1975

The Court opted instead for a qualified immunity, describing its test as follows in Scheuer : 38 (I)n varying scope, a qualified immunity is available to officers of the executive branch of Government, the variation dependent … Qualified immunity therefore applies to state officers ranging from the Governor of Ohio, in Scheuer, to a local school board, in Wood.

Patricia Stephens Due, John Due and Gloria Smith v. Tallahassee Theatres, Inc.

333 F.2d 630 · Court of Appeals for the Fifth Circuit · Jun 26, 1964

These orders were clearly in error. … The Sheriff undertakes to equate his asserted immunity from damages to an immunity from injunction where it is alleged that the Sheriff exceeds his duty to carry out the state court order, or that the state court order itself

Van Buren v. Cave

236 F. App'x 894 · Court of Appeals for the Fifth Circuit · May 25, 2007

Here, although the time-line is much shorter, probable cause clearly did not exist before Blackwell approached Murphy to begin the process of initiating proceedings against Van Burén. … Murphy argued in the alternative (1) that as a state actor, she was not a "person” under § 1983 subject to suit and (2) that she was entitled to qualified immunily because she acted in good faith.

Great Plains Airline Shareholders Association, Inc. v. Frontier Airlines, Inc.

662 F.2d 394 · Court of Appeals for the Fifth Circuit · Nov 30, 1981

As set out in the district court opinion, “[t]he test for immunity has two prongs: the court must find (1) that the conduct charged was approved by a specific order of the CAB or was clearly contemplated by such an order … The district court held that these practices were not immune and Frontier’s motion for summary judgment was denied with respect to these.

Walton v. Alexander

Court of Appeals for the Fifth Circuit · Feb 17, 1995

constitutional duty, if any, to protect students from the acts of fellow students was not clearly established law at the time of the sexual assault s. The district court denied Alexander's claim of qualified immunity. … immunity from this lawsuit if the constitutional allegations were no t clearly established law at the time of the sexual abuse.

Valley v. Rapides Parish School Board

118 F.3d 1047 · Court of Appeals for the Fifth Circuit · Jul 24, 1997

Second, the appellants' argument of qualified immunity is without merit. … It is well established law in this Circuit that the defenses of qualified and absolute immunity do not extend to suits for injunctive relief under 42 U.S.C. § 1983 . Chrissy F. By Medley v.