Case law

Daniel A. Boudreau v. United States

53 F.3d 81 · Court of Appeals for the Fifth Circuit · Jun 13, 1995

Indeed, the Court observed in James that “[i]t is difficult to imagine broader language”, 478 U.S. at 604 , 106 S.Ct. at 3121 , and concluded that “Congress clearly sought to ensure beyond doubt that sovereign immunity would … First, the note is only in reference to the Court’s statement in the text that “the waters [in issue] clearly fall within the ambit of the statute”; that statement did not concern when immunity would not bar liability for

Terry Lonatro v. Orleans Levee District

714 F.3d 866 · Court of Appeals for the Fifth Circuit · Apr 26, 2013

matter jurisdiction.10 Although it has been clearly established that the QTA waives the sovereign immunity “subject to certain exceptions . . . in civil actions to adjudicate title disputes involving real property in which … Cooper.13 In Cooper, the Court explained that the scope of a waiver of sovereign immunity must “be clearly discernable from the statutory text in light of traditional interpretative tools;” if it is not, then a court should

Ellis E. NICHOLS, Jr., Plaintiff-Appellant, v. LORAL VOUGHT SYSTEMS CORPORATION, Defendant-Appellee

81 F.3d 38 · Court of Appeals for the Fifth Circuit · Apr 22, 1996

Last, Nichols points to evidence purportedly showing that he was clearly better qualified than younger workers allowed to remain at Loral Vought. … However, Bodenheimer, mandates that greater experience alone will not suffice to raise a fact question as to whether one person is clearly more qualified than another.

Zarnow v. CITY OF WICHITA FALLS, TEX.

614 F.3d 161 · Court of Appeals for the Fifth Circuit · Aug 9, 2010

Nevertheless, the panel held that the officers were entitled to qualified immunity and dismissed the claims against them. Only Zarnow’s claims against the City and Chief Coughlin in his official capacity remained. … Following an appeal to this Court on issues of qualified immunity, the case was remanded. The parties again moved for summary judgment. This time, the district court granted the City’s motion.

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.

Richard Jordan v. Marshall Fisher

Court of Appeals for the Fifth Circuit · Jun 27, 2016

Because Mississippi’s sovereign immunity prevents a federal court from enjoining state officials to follow state law, and because Plaintiffs 2 have not shown they are likely to succeed in establishing a violation of either … 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

Joseph Clark v. Ray Miller

641 F. App'x 418 · Court of Appeals for the Fifth Circuit · Mar 9, 2016

’s conduct violated one of Clark’s constitutional rights and (2) that right was clearly established at the time of the violation. … Branning is therefore not entitled to qualified immunity at this stage.

Jimmy L. Smith v. William F. Winter, in His Official Capacity as Governor of the State of Mississippi

782 F.2d 508 · Court of Appeals for the Fifth Circuit · Feb 12, 1986

Winter, pursuant to the recall statute, then established a Removal Council consisting of appellees Carr, Cortwright, and Patterson. … Appellants clearly have no interest in receiving an injunction to prevent a recall election they have already won. Thus, the claim for injunctive relief is moot. Likewise, the claim for declaratory relief is moot.

Smith v. Saenz

Court of Appeals for the Fifth Circuit · Aug 14, 2025

Standard of Review “Once a government official asserts [qualified immunity], the burden shifts to the plaintiff to ‘rebut the defense by establishing that the official’s allegedly wrongful conduct violated clearly … Discussion To overcome Appellants’ assertion of qualified immunity, Smith must establish issues of material fact on two points. Baldwin v. Dorsey, 964 F.3d 300, 325 (5th Cir. 2020).

Louisiana State Board of Education v. Edward Baker

339 F.2d 911 · Court of Appeals for the Fifth Circuit · Dec 11, 1964

The Supreme Court clearly stated the controlling principle in Hopkins v. Clemson Agricultural College, 1911, 221 U.S. 636 , 31 S.Ct. 654 , 55 L.Ed. 890 . … Young for purposes of the Eleventh Amendment * * * seems indispensable to the establishment of constitutional government and the rule of law”. 2 Once again, therefore, in an action against a state board, we hold that the

Shinn v. College Station Independent School District

96 F.3d 783 · Court of Appeals for the Fifth Circuit · Nov 22, 1996

the violation of a clearly established constitutional right, the Defendants in their individual capacities are entitled to qualified immunity. … (stating standard for qualified immunity), cert. denied, --- U.S. ----, 116 S.Ct. 532 , 133 L.Ed.2d 438 (1995).

State of TX v. USA

987 F.3d 518 · Court of Appeals for the Fifth Circuit · Feb 12, 2021

Constitution and the doctrine of intergovernmental tax immunity under the Tenth Amendment. … Certification by a qualified actuary who applies the Board’s standards is reasonably connected to ensuring actuarially sound rates because the Board and a qualified actuary have institutional expertise in actuarial principles

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.

In Re: Katrina Canal Breaches

Court of Appeals for the Fifth Circuit · Mar 2, 2012

Bernard plaintiffs’ argument, then, we must determine whether the Corps’s decision to dredge MRGO instead of implementing foreshore protection constitutes flood-control activity qualifying for Section 702c immunity. … The Franzes have thus failed to establish that MRGO’s floodwaters were a cause-in-fact of the destruction. VI. The Armstrong Trial: No Mandamus.

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.

Dorothy Salazar v. United States Air Force and Paul Thomas Byrne

849 F.2d 1542 · Court of Appeals for the Fifth Circuit · Jul 26, 1988

The general definition of the term “child support” that begins section 662(b) is followed by definitive, qualifying language. … By providing that the definition of child support would track state law, Congress clearly left to the state courts the precise determination of what does constitute child support.

State of Alabama v. United States

304 F.2d 583 · Court of Appeals for the Fifth Circuit · Jun 22, 1962

This section was clearly directed towards citizens of the United States only, 9a who are otherwise qualified or registered by the people of the state, or its subdivisions and who were not to be qualified by any federal legislative … The Slaughter-House Cases, 1873, 16 Wall. 36, 74 , 21 L.Ed. 394 , clearly pointed out that there was a clear distinction between citizenship of the State and citizenship of the United States with the privileges and immunities

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.

Jackson v. City of Beaumont Police Dept.

Court of Appeals for the Fifth Circuit · May 20, 1992

"Qualified immunity cloaks a police officer from liability if a reasonably competent law enforcement agent would not have known that his actions violated clearly established law." James v. … Unit A 1981), stated the clearly established law in this circuit for use of excessive force by a police officer.5 The conduct must have: (1) caused a severe injury, (2) been grossly disproportionate to the

Doris Adams v. Grainger W. McIlhany Individually and as Presiding Judge of the 31st Judicial District of Texas

764 F.2d 294 · Court of Appeals for the Fifth Circuit · Jun 27, 1985

That the judge waited months to respond to the controversy was clearly a serious procedural error, but “[a] judge is absolutely immune from liability for his judicial acts even if his exercise of authority is flawed by the … B Nor did the district court err in dismissing the claim for declaratory relief: “[T]he federal courts established pursuant to Article III of the Constitution do not render advisory opinions.