Case law

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.

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

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

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.

Marts v. Hines

68 F.3d 134 · Court of Appeals for the Fifth Circuit · Nov 8, 1995

The district court dismissed the actions because private defense counsel and the public defender were not state actors and the prosecutor was entitled to immunity. … should stay its hand.4 We have noted, however, that the plaintiff in such an action must have alleged "injuries under federal law sufficient to justify the District Court's retention of jurisdiction."5 We interpret this qualifier

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.

In the Matter of Estate of Julian E. Fernandez, Debtor, Department of Transportation and Development, State of Louisiana v. Pnl Asset Management Company LLC Jean O. Turner, in the Matter Of: Julian E. Fernandez, Debtor, State of Louisiana, Department of Transportation and Development v. Jean O. Turner, Trustee Pnl Asset Management Company

123 F.3d 241 · Court of Appeals for the Fifth Circuit · Sep 15, 1997

Seminole Tribe, 517 U.S. at ----, 116 S.Ct. at 1123. 7 Section 106(a) clearly expresses Congressional intent to abrogate sovereign immunity. No party contends otherwise. … As Madison noted in the Federalist No. 42, "the power of establishing uniform laws of bankruptcy is ( ) intimately connected with the regulation of commerce."

James v. United States

760 F.2d 590 · Court of Appeals for the Fifth Circuit · May 16, 1985

Congress moved quickly to establish a new flood control plan of a magnitude never undertaken before. … Limitations on the Immunity Some courts have wisely retreated from the absolutist stance, recognizing that “[rjesort to the policy of a law may be had to ameliorate its seeming harshness or to qualify its apparent absolutes

Martin v. Thomas

Court of Appeals for the Fifth Circuit · Sep 29, 1992

QUALIFIED IMMUNITY Finally, the defendants claim to have qualified immunity. In Harlow v. … Fitzgerald, 457 U.S. 800, 102 S.Ct. 2727, 73 L.Ed.2d 396 (1982), the Supreme Court established an objective test for determining qualified immunity.

Young v. Hosemann

598 F.3d 184 · Court of Appeals for the Fifth Circuit · Feb 25, 2010

established by Congress therefor and is otherwise a qualified elector. … For presidential elections, however, a voter must “meet[] the requirements established by Congress” and be “otherwise a qualified elector.”

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.

Mike Jabary v. City of Allen

Court of Appeals for the Fifth Circuit · Jan 20, 2014

These individual defendants asserted a qualified immunity defense and requested that the district court require Jabary to submit a Rule 7(a) reply to their assertions of qualified immunity. … Where a law “was clearly established, the immunity defense ordinarily should fail, since a reasonably competent public official should know the law governing his 15  Case: 12-

Jesus Hernandez v. Unknown Named Agents

Court of Appeals for the Fifth Circuit · Mar 20, 2018

But the extraterritorial application of these protections to Hernández was not clearly established at the time of Mesa’s tortious conduct. Mesa is therefore entitled to qualified immunity. See Mullenix v. Luna, 136 S. … Ct. 305, 308 (2015) (“The doctrine of qualified immunity shields officials from civil liability so long as their conduct does not violate clearly established statutory or constitutional rights.”

James Martin Smith v. Douglas M. Gonzales, Thomas P. Lane

670 F.2d 522 · Court of Appeals for the Fifth Circuit · Mar 15, 1982

from liability by virtue of a qualified official immunity.” … Smith has urged that the district court erred in failing to instruct the jury as to the subjective bad faith prong used to rebut a claim of qualified immunity. See Procunier v.

C. R. "Jake" Cook, T. W. Cook and Lee Deforke v. The Houston Post, Ralph Williams, Joseph Perino, Marvin Kent and Terry Collins

616 F.2d 791 · Court of Appeals for the Fifth Circuit · May 7, 1980

The specific acts complained of here were clearly within the Imbler shelter. … immunity?”

Darrel Thorn v. Melvin McGary

684 F. App'x 430 · Court of Appeals for the Fifth Circuit · Apr 5, 2017

light of clearly established law at the time of the violation.” … See Porter, 659 F.3d at 445 (recognizing that qualified immunity shields officials unless the plaintiff demonstrates the defendant violated a constitutional right that was “clearly established”).

United States v. Lawrence Clyde Bringier, Jr., Also Known as Junior, Also Known as Bread

405 F.3d 310 · Court of Appeals for the Fifth Circuit · Mar 31, 2005

First, Special Agent Roger White also testified to the terms of the immunity agreement. Second, the letter memorializing the immunity agreement was also introduced as evidence. … There is no doubt that a rational trier of fact could have found that this evidence established Brin-gier’s guilt beyond a reasonable doubt on all counts on which he was convicted.

E. C. Ernst, Inc. v. Manhattan Construction Company of Texas, Providence Hospital, Fairbanks-Morse, Inc., Charles H. McCauley Associates, Inc.

551 F.2d 1026 · Court of Appeals for the Fifth Circuit · May 9, 1977

In order to establish that these actions breached some duty to it established by Alabama law, see Twine v. … The district court’s findings of delay, 387 F.Supp. at 1014-15 , are not clearly erroneous. IV.

Brandon Coker v. Julian Whittington

858 F.3d 304 · Court of Appeals for the Fifth Circuit · May 23, 2017

relationships that mock marriage, and no court has so held. 3 The district court’s judgment is AFFIRMED. 3 Of course, even if such rights existed and were violated by the Sheriff and Chief Deputy, they would have qualified … immunity in their individual capacities because no “clearly established law” prevented warning Coker and Golden that the consequences of their personal relationships would be dismissal from the force.