Case law

Roger Thorson v. Christopher Epps

701 F.3d 444 · Court of Appeals for the Fifth Circuit · Nov 14, 2012

Mere conjecture, though, does not qualify as an harm’ that qualifies as cruel and unusual.” Baze, 553 U.S. at 50, 128 S. … The Chronological Record of Execution clearly lists the steps to be taken, including an injection of normal saline between each drug in order to flush the line.

Delta Commercial Fisheries Ass'n v. Gulf of Mexico Fishery Management Council

364 F.3d 269 · Court of Appeals for the Fifth Circuit · Mar 19, 2004

The Secretary then reviews each governor's list and, if any individual on the list is not qualified, directs the governor to submit a new list. Id. … Therefore, because the Association has failed to establish an injury in fact, the district court's dismissal for lack of jurisdiction was appropriate.

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.

Edwards v. United States Department of Energy

200 F. App'x 382 · Court of Appeals for the Fifth Circuit · Aug 11, 2006

court unless they are clearly erroneous.” … The question therefore becomes whether § 2297h-8’s statutory grant of subject-matter jurisdiction likewise qualifies as a waiver of sovereign immunity.

Joseph Chhim v. University of Texas at Austin

Court of Appeals for the Fifth Circuit · Oct 4, 2016

fall within the Ex parte Young exception to sovereign immunity. … His allegations and documentation do not indicate that Chhim has been formally rejected regarding the position to which he applied on March 20, 2014, as “Building Attendant Leader.” 8 Although Chhim did not clearly

Mario Colin McConney v. The City of Houston, and Lee P. Brown, Individually and in His Official Capacity as Chief of Police of the City of Houston

863 F.2d 1180 · Court of Appeals for the Fifth Circuit · Jan 23, 1989

Discussion On appeal, McConney concedes that the judgment against Brown cannot stand because Brown is entitled to qualified immunity under Anderson v. Creighton, 483 U.S. 635 , 107 S.Ct. 3034 , 97 L.Ed.2d 523 (1987). … A motion for directed verdict was made on Brown’s behalf on the issue of qualified immunity. .

A. D. Granville v. W. B. Hunt

411 F.2d 9 · Court of Appeals for the Fifth Circuit · May 19, 1969

Clearly the district court was correct in dismissing the appellant’s complaint for failure to state a cause of action. … 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

Pace v. Bogalusa City School Board

403 F.3d 272 · Court of Appeals for the Fifth Circuit · Mar 16, 2005

Thus, Louisiana did have Eleventh Amendment immunity to waive by accepting the clearly conditioned federal funds. … a waiver of Eleventh Amendment immunity, it is held objectively to “know” that it is accepting all clearly stated conditions.

Heavin v. Mobil Oil Exploration & Producing Southeast, Inc.

913 F.2d 178 · Court of Appeals for the Fifth Circuit · Jul 10, 1990

To determine whether appel-lees are entitled to the immunity from tort liability provided by LHWCA, the fundamental question before us is whether Exxon and Mobil qualify as Heavin’s “employer.” … However, when the actual relationship between the parties to the joint operating agreement is clear for purposes of establishing rights under the LHWCA, “language in the [joint operating] agreement could not alter the liabilities

OCA-Greater Houston v. Texas

867 F.3d 604 · Court of Appeals for the Fifth Circuit · Aug 16, 2017

B Texas also raises the defense of state sovereign immunity, arguing that OCA has not complied with the strictures of the Ex parte Young exception to sovereign immunity because the named state official has no connection with … Indeed, the definition lists “casting a ballot” as only one example in a nonexhaustive list of actions that qualify as voting.

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.

Hays County Guardian v. Jerome K. Supple

969 F.2d 111 · Court of Appeals for the Fifth Circuit · Sep 4, 1992

Defendants are protected from such a remedy by their qualified immunity as government officials. … A defense of qualified immunity can be overcome only if an objectively reasonable officer would know that his conduct was illegal given the facts available to him at the time of his action and the law that was clearly established

Vernon A. Stone, Cross-Appellee v. Board of Regents of the University System of Georgia, Cross-Appellants

620 F.2d 526 · Court of Appeals for the Fifth Circuit · Jul 3, 1980

However, Soley does not control here, since the record below clearly reveals that summary judgment was proper in this case. … Instead, the decision clearly seems to have been made for other, permissible reasons. 8 *530 Under the holding in Mount Healthy City School District v.

Coon v. Ledbetter

780 F.2d 1158 · Court of Appeals for the Fifth Circuit · Jan 16, 1986

The doctrine of qualified, or “good faith,” immunity shields a police officer from liability for civil damages when his conduct, though it may technically be illegal, does not violate clearly established statutory or constitutional … Use of excessive force in making an arrest violates clearly established rights, and the doctrine of qualified immunity therefore does not shield an officer who uses excessive force.

Parm v. Shumate

513 F.3d 135 · Court of Appeals for the Fifth Circuit · Dec 28, 2007

immunity because it was not a clearly established constitutional right. … Nor does he continue to argue that he is entitled to qualified immunity, accepting Plaintiffs’ assertion that they do not seek to hold him liable in his individual capacity.

David E. Tillman v. Csx Transportation, Inc. & Marler L. Bennett

929 F.2d 1023 · Court of Appeals for the Fifth Circuit · Apr 11, 1991

Amendment immunity by consenting to suit in federal court. 8 The DOTD’s immunity has no effect upon the diversity jurisdiction already established between Tillman, CSX, and Bennett. … There is absolutely no basis upon which the trial court could hold that the addition of a state agency that could exercise or waive its Eleventh Amendment immunity would destroy its established diversity jurisdiction over

Linton v. Airbus Industrie

30 F.3d 592 · Court of Appeals for the Fifth Circuit · Aug 17, 1994

In an earlier order, the district court had concluded that the Airbus Defendants did not qualify as instrumentalities of foreign states. … We are confident that there the FSIA immunity claim and its central issues of pooling and tiering will receive the full, objective and learned consideration to which they are clearly entitled.

In the Matter Of: Thomas Cullen Davis Karen Joyce Davis, Debtors. Sandra Davis v. Thomas Cullen Davis

170 F.3d 475 · Court of Appeals for the Fifth Circuit · Mar 17, 1999

By § 522(c)(1), Congress clearly intended to insulate nondischargeable alimony, child support, and maintenance debts from the effects of the debtor’s exemptions. … International Shoe, 278 U.S. at 265 , 49 S.Ct. 108 (noting that the intent of Congress in establishing uniform bankruptcy laws necessarily excludes inconsistent state regulation).

United States v. Southern Motor Carriers Rate Conference, Inc.

702 F.2d 532 · Court of Appeals for the Fifth Circuit · Apr 11, 1983

Accordingly, we affirm the judgment of the district court. *535 The Supreme Court first clearly articulated the “state action” exception to the antitrust laws in Parker v. … “[t]hese decisions establish two standards for antitrust immunity under Parker .

Becerra v. Asher

105 F.3d 1042 · Court of Appeals for the Fifth Circuit · Feb 14, 1997

The district court, after allowing limited discovery on the issue of qualified immunity, granted summary judgment in favor of the appellees. DISCUSSION Doe v. Taylor Indep. Sch. … immunity defense, that this right was clearly established. 4 In addressing vicarious liability, we recognized that local governments and supervisory personnel are not subject to § 1983 liability under a vicarious liability