Case law

Williams v. Voorhies

Court of Appeals for the Fifth Circuit · May 8, 2026

was clearly established at the time.” … As a result, those cases cannot clearly establish that Voorhies’s force violated the constitution. Kisela, 584 U.S. at 104. Accordingly, we hold that Voorhies is entitled to qualified immunity.

Howard Zeringue v. Allis-Chalmers Corporation

846 F.3d 785 · Court of Appeals for the Fifth Circuit · Jan 20, 2017

9 to serve as the federal question that endues the court with jurisdiction. 10 As with a federal claim that creates federal question jurisdiction, 11 a federal defense fulfilling this same function does not need to be “clearly … These documents establish that Crane’s claim to government-contractor immunity is colorable.

In Re Grand Jury Proceedings of Robert W. Beverly v. United States

468 F.2d 732 · Court of Appeals for the Fifth Circuit · Sep 25, 1972

Also presented was the affidavit of Michael McCain, a national co-ordinator for the VVAW, who described personal, civilian and military experience qualifying him as an expert in electronics and communications systems, and … Clearly there was no error in this treatment of the Reif affidavit (quoted in Footnote 11, supra) by the August 7, 1972 order.

In Re Corrugated Container Anti-Trust Litigation. Appeal of Charles J. Franey. In Re Corrugated Container Anti-Trust Litigation. Appeal of Philip Fleischacker. In Re Corrugated Container Anti-Trust Litigation. Appeal of Alex Hopkins

620 F.2d 1086 · Court of Appeals for the Fifth Circuit · Jun 19, 1980

Again, the court's order is based on a ruling that the answers to the questions "would be so clearly and thoroughly derived from the immunized testimony that they could never be used to prosecute Mr. … of Franey and Hopkins would be "clearly and thoroughly derived from the immunized testimony previously given" and thus inadmissible in "any conceivable future prosecution."

United States v. James Melvin Wilcox

450 F.2d 1131 · Court of Appeals for the Fifth Circuit · Oct 30, 1971

This could be no more clearly demonstrated than in Glick- *1141 stein v. … The Court held that it did not, thereby establishing that special legislative immunity would not excuse a witness from prosecution for perjury which he committed while testifying to past offenses, for which acts he had been

DFW Metro Line Services v. Southwestern Bell Telephone, Corp.

988 F.2d 601 · Court of Appeals for the Fifth Circuit · Apr 19, 1993

Obviously, under such schemes, the absence of any state involvement prevents the private conduct at issue from qualifying for anti-trust immunity under the state action doctrine. 27 The Texas public utilities regulatory scheme … Bell is therefore entitled to anti-trust immunity.

Dustin Wright v. Excel Paralubes

807 F.3d 730 · Court of Appeals for the Fifth Circuit · Dec 8, 2015

Although the 1997 amendments to the Lousiana Worker’s Compensation Act “establish a more liberal standard for establishing statutory employer status,” St. … It also does not change that the defendant bears the burden of establishing its entitlement to immunity as a statutory employer and that such immunity “must be strictly construed against the party claiming the immunity,”

United States v. Karin D. Follin, John H. Stewart, Broadus v. Stewart, Jr., Donald L. Mason, and Christopher H. Crawford

979 F.2d 369 · Court of Appeals for the Fifth Circuit · Dec 3, 1992

Follin could be used to establish the jurisdictional five requirement. Appellants rely on United States v. … government’s need to establish a sixth § 1955 person evaporated.

Delgado v. Reef Resort Ltd.

364 F.3d 642 · Court of Appeals for the Fifth Circuit · Apr 13, 2004

The Mississippi long-arm statute provides in relevant part: Any nonresident person, firm, general or limited partnership, or any foreign or other corporation not qualified under the Constitution and laws … Piper, however, did not purport to change the Privileges and Immunities law the court established in Breeland.

Daniel Martinez v. Nueces County, TX

639 F. App'x 278 · Court of Appeals for the Fifth Circuit · May 6, 2016

A public official will be granted qualified immunity unless the plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged … immunity because the law was not clearly established at the time of the officer’s conduct”). 3  Case: 15-40358 Document: 00513496140 Page: 4 Date Filed

Schultea v. Wood

Court of Appeals for the Fifth Circuit · Aug 8, 1994

The qualified immunity determination requires a two-step analysis. … In reviewing a denial of qualified immunity, we first must determine whether the plaintiff has stated a violation of a clearly established constitutional right. Id.

Mrs. Lucille Jurisich Breeland, Cross v. Hide-A-Way Lake, Inc., Cross Hide-A-Way Lake Club, Inc., and Hide-A-Way Lake Property Owner's Association, Inc., Intervenors. Mrs. Lucille Jurisich Breeland v. Hide-A-Way Lake, Inc.

585 F.2d 716 · Court of Appeals for the Fifth Circuit · Nov 17, 1978

not qualified to do business within the state. … The court held that a foreign corporation qualified to do business in the state is a resident within the meaning of the statute.

United States v. State of Alabama

267 F.2d 808 · Court of Appeals for the Fifth Circuit · Jun 16, 1959

members, naming them, explicitly confirms the position of the district judge that, suing a board having no members is as inconceivable in law as suing, as members of a board, persons who are not such, and that under the facts established … The state has no power to import to him any immunity from responsibility to the supreme authority of the United States.’ Ex parte Ayers, 123 U.S. [443] 507, 8 S.Ct. 164 , 31 L.Ed. 216 ; Reagan v.

Kaplan v. Clear Lake City Water Authority

794 F.2d 1059 · Court of Appeals for the Fifth Circuit · Jul 23, 1986

IMMUNITY 40 Kaplan sued Burnett and Greytok in their individual capacities. This Court agrees with the district court's conclusion that both Burnett and Greytok are entitled to qualified immunity. 41 In Harlow v. … For these reasons, and the further reasons articulated by the district court, this Court concludes that Greytok and Burnett were both entitled to qualified immunity. 9 45 VI.

Zaffuto v. City of Hammond

313 F.3d 879 · Court of Appeals for the Fifth Circuit · Oct 16, 2002

immunity. … established at the time of the violation, precluding his qualified immunity defense.

LULAC Texas v. Hughes

Court of Appeals for the Fifth Circuit · May 17, 2023

levels of government.” 71 In discussing “absolute legislative immunity,” the Supreme Court also noted that it had previously extended that immunity to an interstate regional planning agency because of the purposes … That decision stated that “[w]hile the common-law legislative immunity for state legislators is absolute, the legislative privilege for state lawmakers is, at best, one which is qualified.” 84 But that case provides

Ueckert v. Guerra

38 F.4th 446 · Court of Appeals for the Fifth Circuit · Jun 27, 2022

Guerra moved for summary judgment, arguing that the case against him should be dismissed because he was entitled to qualified immunity. The district court held a hearing on the motion on March 2, 2021. … Helton dealt with a district court’s refusal to rule on a qualified immunity defense. 787 F.2d at 1017.

Affiliated Capital Corporation, Etc. v. City of Houston, Gulf Coast Cable Television and James J. McConn

700 F.2d 226 · Court of Appeals for the Fifth Circuit · Mar 17, 1983

That case announced that qualified or “good faith” immunity for public officials would be judged solely by an objective inquiry. … It is not relevant whether the official knows he can be held liable for a particular violation of the antitrust law, only whether a clearly established violation exists.

Siler-Khodr v. University of Texas Health Science Center San Antonio

261 F.3d 542 · Court of Appeals for the Fifth Circuit · Aug 24, 2001

In addition, UTHSCSA argues that Congress not only unconstitutionally invoked its authority under Article I to abrogate state immunity, but it also lacked authority to abrogate state immunity under § 5 because Congress failed … Moreover, in contrast to disability, the historical record clearly documents state discrimination on the basis of gender.

Kristie Bellow v. Bd of Supr LA State University

550 F. App'x 181 · Court of Appeals for the Fifth Circuit · Dec 19, 2013

her in retaliation was objectively unreasonable in the light of clearly-established law. … was not clearly established at the time he terminated Bellow.