Case law

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.

Hitt v. Connell

301 F.3d 240 · Court of Appeals for the Fifth Circuit · Aug 26, 2002

Qualified Immunity and Mt. … Further, because the jury discredited Connell’s explanation, the basis for his qualified immunity contention was vitiated. 5 D.

James A. Bowdoin, B. Buford Malone, Jr., and United States of America

284 F.2d 95 · Court of Appeals for the Fifth Circuit · Oct 25, 1960

“This examination of the cases in this court establishes clearly this result: that the proposition that when an individual is sued in regard to property which he holds as officer or agent of the United States, his possession … This right being clearly established, we are told that the court can proceed no further, because it appears that certain military officers, acting under the orders of the President, have seized this estate, and converted

12 Fair empl.prac.cas. 1041, 11 Empl. Prac. Dec. P 10,770 Charlie F. Wade, United States of America, Plaintiffs-Intervenors-Appellees v. Mississippi Cooperative Extension Service

528 F.2d 508 · Court of Appeals for the Fifth Circuit · Feb 24, 1976

In addition, the plan established a biracial applicant review board to assist in the processing of applications for employment. … have the benefit of the qualified immunity given to public officials acting in good faith.

Frances C. Prater v. United States

618 F.2d 263 · Court of Appeals for the Fifth Circuit · May 19, 1980

The opinion clearly indicates that Prater asserted equitable title to the realty, under Georgia trust law, by virtue of Allen’s promise of reconveyance. … Prater’s summary' judgment proof (the depositions of Fred Prater and Allen as well as Allen’s affidavit) was sufficient to establish the promise to reconvey, and thus raise a claim of equitable title for jurisdictional purposes

United States v. Walter Merle Heffington, Russell Preston White, Jr. And Anthony Frank Giella

682 F.2d 1075 · Court of Appeals for the Fifth Circuit · Aug 2, 1982

Smith, 615 F.2d 964 (3d Cir. 1980) establishing when a district court should properly order use immunity. For the reasons below, however, we decline. In United States v. … The statements were highly probative in that they tended to establish Giella’s knowledge of the fraudulent scheme, and they were clearly admissible for this purpose.

Jacintoport Corp. v. Greater Baton Rouge Port Commission

762 F.2d 435 · Court of Appeals for the Fifth Circuit · Jul 29, 1985

Our examination of the Commission under the standards established by this Court and by other Circuits convinces us that, although the question is a close one, the Commission does not enjoy Louisiana’s Eleventh Amendment immunity … We specifically decline to reach the question of this Commission’s immunity in an instance where the size and nature of the judgment sought would clearly result in liability for the state.

Lloyd L. Downing, M. D. v. R. Allen Williams, Superintendent

624 F.2d 612 · Court of Appeals for the Fifth Circuit · Aug 21, 1980

However, as to the question of a damage suit against these defendants in their individual capacity, the Eleventh Amendment clearly provides no immunity, despite the State’s indemnity statute. … Normally, these individuals might be entitled to try to prove a good faith qualified immunity with a showing that they acted in good faith and without malice. Wood v.

Arrington v. County of Dallas

Court of Appeals for the Fifth Circuit · Sep 1, 1992

the clearly established statutory or constitutional rights of another. … We therefore find that the defendants are entitled, at least, to qualified immunity from Arrington's claims under the Sixth Amendment.

Mayfield v. Butler Snow

75 F.4th 494 · Court of Appeals for the Fifth Circuit · Jul 27, 2023

In this case, Plaintiffs claim they can defeat probable cause and overcome qualified immunity by showing a harm under either Malley v. Briggs, 475 U.S. 335 (1986), or Franks v. … While its arguable that Mayfield did not meet the intent element of the specific statute cited, that’s not enough to overcome qualified immunity.

United States Ex Rel. Adrian v. Regents of the University of California

363 F.3d 398 · Court of Appeals for the Fifth Circuit · Mar 30, 2004

We have not previously considered when state agency employees qualify as “persons” under the FCA. … Id. at 779-80 (directing courts to consider the FCA statutory analysis before inquiring into any Eleventh Amendment immunity).

National Press v. McCraw

90 F.4th 770 · Court of Appeals for the Fifth Circuit · Jan 10, 2024

He owns a small aerial drone and is qualified to operate the drone in the national airspace. … He is a freelancer who, though qualified to fly a drone, does not use one for journalism due to the risk of enforcement.

Chavez v. Arte Publico Press

Court of Appeals for the Fifth Circuit · Aug 1, 1995

As the Court's decisions now stand, the University's claim of sovereign immunity must fail, although its employee Kanellos prevails on qualified immunity. … Kanellos also asserted his qualified immunity. The district court denied the motions, allowing the lawsuit to proceed.

Terry Cousin v. Trans Union Corporation

246 F.3d 359 · Court of Appeals for the Fifth Circuit · Mar 21, 2001

Trans Union further argues that the qualified immunity afforded § 1681g disclosures to consumers pursuant to § 1681h(e) necessarily distinguishes the January and February 1997 disclosures from consumer reports like the one … Moreover, § 1681h(e) excludes from qualified immunity those actions commenced under §§ 1681n and 1681o.

Morrow v. Dillard

580 F.2d 1284 · Court of Appeals for the Fifth Circuit · Sep 29, 1978

The first and third exceptions are clearly not applicable. … Judge Roney’s suggestion took the following form: Until qualified blacks become available for employment, a hiring quota will either require employment of underqualified or non-qualified blacks or effect a freeze on hiring

Kellerman v. Askew

541 F.2d 1089 · Court of Appeals for the Fifth Circuit · Nov 1, 1976

In Wood the Court was addressing the issue of § 1983 immunity for school board members who exercised good faith in their actions. … “A compensatory award will be appropriate only if the school board member has acted with such an impermissible motivation or with such disregard of the students’ clearly established constitutional rights that his action cannot

Jowers v. Lincoln Electric Co.

617 F.3d 346 · Court of Appeals for the Fifth Circuit · Aug 26, 2010

The Supreme Court first recognized the government contractor defense in Boyle, holding that federal law preempted state law to immunize government contractors despite the absence of legislation specifically immunizing these … LHWCA guarantees workers’ compensation for qualified beneficiaries, like Jowers, who are injured while assisting in the construction of large ships on or near federal navigable waters.

Da Vinci Investment, L.P. v. City of Arlington, Te

622 F. App'x 367 · Court of Appeals for the Fifth Circuit · Aug 11, 2015

“[A] plaintiff seeking to defeat qualified immunity must show: ‘(1) that the official violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of the challenged conduct.’” … On the second part of the qualified immunity analysis, Da Vinci argues that the law surrounding the violation of equal protection rights under facts similar to those at hand is clearly established and cites several cases

United States v. Hawkins

661 F.2d 436 · Court of Appeals for the Fifth Circuit · Nov 16, 1981

Persons for the petit juries were selected randomly from the qualified box. … This finding by the court is a factual determination which is subject to the “clearly erroneous” standard of review. 40 Upon review of the record, we cannot say the court clearly erred in this determination.

Russell Campbell v. Lamar Institute of Technology

842 F.3d 375 · Court of Appeals for the Fifth Circuit · Nov 23, 2016

Eleventh Amendment immunity does not bar the Rehabilitation Act claim. … Sovereign Immunity The district court erred in concluding that LIT is entitled to sovereign immunity. Eleventh Amendment sovereign immunity does not bar Campbell’s Rehabilitation Act claim for money damages.