Case law

Cooper v. Texas Alcoholic Beverage Commission

820 F.3d 730 · Court of Appeals for the Fifth Circuit · Apr 21, 2016

First, TPSA had failed to establish that the original plaintiffs continued to have a stake in the case. Second, TPSA lacked standing to bring a Rule 60(b) motion. A. . … When, however, a statute has only indirect effects on interstate commerce and regulates evenhandedly, [the Court] ha[s] examined whether the State’s interest is legitimate and whether the burden on interstate commerce clearly

Joe Cobarobio v. Midland County Texas

695 F. App'x 88 · Court of Appeals for the Fifth Circuit · Aug 15, 2017

Qualified immunity protects government officials whose “conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Hathaway v. … To defeat the defense of qualified immunity, Cobarobio must plead facts to show a violation of a right that was clearly established at the time of the incident and 2  Case: 15

Spiller v. City of Texas City

Court of Appeals for the Fifth Circuit · Dec 30, 1997

Spiller's pleadings, however, do not provide Spurgeon with a qualified immunity defense. … in light of clearly established law.

Davis v. Bayless

70 F.3d 367 · Court of Appeals for the Fifth Circuit · Nov 21, 1995

The pleadings clearly demonstrate Raborn's entitlement to immunity on the face of the pleadings and she is immune from suit for damages on the Davises' federal law claims. … CONCLUSION The pleadings establish that Raborn, as a court appointed receiver, is entitled to derivative judicial immunity from the Davises' federal and state law damage claims.

Larry Williams v. Board of Regents of the University System of Georgia, Edward T. Kassinger, Etc.

629 F.2d 993 · Court of Appeals for the Fifth Circuit · Oct 6, 1980

What appellants have failed to address is why the innocent, perhaps praiseworthy, appellee should lose his job. 19 The appellants next contend that the court erred in refusing to charge the jury as to the qualified immunity … to which they claim entitlement under the doctrine of “official immunity.”

McCarthy Ex Rel. Travis v. Hawkins

381 F.3d 407 · Court of Appeals for the Fifth Circuit · Sep 2, 2004

Jordan, 415 U.S. 651, 663-69 , 94 S.Ct. 1347 , 39 L.Ed.2d 662 (1974), subject to an established exception: the Ex parte Young doctrine. … Whether state officers are proper defendants under Title II Title II provides in relevant part that “no qualified individual with a disability shall, by reason of such disability, be excluded from participation in or be denied

Mata v. Johnson

99 F.3d 1261 · Court of Appeals for the Fifth Circuit · Oct 31, 1996

(d) A [§ 2254 writ] shall not be granted ... unless the adjudication of the claim (1) resulted in a decision that was contrary to, or involved an unreasonable application of, clearly established Federal law, as determined … Therefore, the state court’s determination that the exclusion of black veniremembers from Mata’s jury, by mutual agreement between the prosecution and the defense, passed constitutional muster was contrary to clearly established

Louis Doss v. John Young, Jr.

642 F. App'x 443 · Court of Appeals for the Fifth Circuit · Apr 1, 2016

DEFENDANTS ARE ENTITLED TO QUALIFIED IMMUNITY The district court did not err when it granted summary judgment to Defendants on qualified immunity grounds. … “Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003).

Ibarra v. Harris County Texas

243 F. App'x 830 · Court of Appeals for the Fifth Circuit · Jun 28, 2007

The qualified immunity analysis is a two-step process. First, we determine whether the plaintiff properly alleged the violation of a clearly established right. Michalik v. … Sean has therefore satisfied the first prong of the qualified immunity analysis by alleging a violation of his clearly established Fourth Amendment rights.

Cheramie v. Tucker

493 F.2d 586 · Court of Appeals for the Fifth Circuit · May 2, 1974

Section 1983 does not affect the well established rule that judges are immune from damage suits arising out of the exercise of their judicial function. 4 Chief Justice Warren clearly enunciated the necessity for the judicial … immunity doctrine.

State of Florida v. Caspar W. Weinberger, Secretary, Health, Education and Welfare

492 F.2d 488 · Court of Appeals for the Fifth Circuit · Apr 10, 1974

. § 252.10 ) redefines what sort of a state licensing board for nursing home administrators will qualify for the Medicaid program. … Florida licensing board itself appears to have alleged a proper concern with statutes governing its own composition and an interest of a substantial nature in the continuation in office of two of its present members who are clearly

Samuel Randle v. Thomas Lockwood

666 F. App'x 333 · Court of Appeals for the Fifth Circuit · Nov 10, 2016

QUALIFIED IMMUNITY MUST BE DECIDED AS EARLY AS POSSIBLE As an initial matter, we establish our jurisdiction over this appeal. … Qualified immunity shields “government officials performing discretionary functions” from civil liability for claims under federal law “insofar as their conduct does not violate clearly established statutory

20 Fair empl.prac.cas. 1314, 16 Empl. Prac. Dec. P 8274 John Garner v. Clarence B. Giarrusso, Individually and as Superintendent of New Orleans Police Department, City of New Orleans

571 F.2d 1330 · Court of Appeals for the Fifth Circuit · Apr 26, 1978

Nor does the record establish Garner's claim. Consequently, we find no error justifying a reversal or remand. … immunity from damage liability under § 1983.

Cole v. Gray, III

638 F.2d 804 · Court of Appeals for the Fifth Circuit · Mar 2, 1981

Economou, 438 U.S. 478 , 98 S.Ct. 2894 , 57 L.Ed.2d 895 (1978), and if we should find to the contrary, that they were clearly within the parameters of the qualified immunity discussed in Scheuer v. … The Supreme Court established in Paul v.

Kristen Martin v. Halliburton

Court of Appeals for the Fifth Circuit · Apr 15, 2010

Forsyth, 472 U.S. 511 (1985),] clearly establishes that an order rejecting the defense of qualified immunity at either the dismissal stage or the summary judgment stage is a ‘final’ judgment subject to immediate appeal.”) … Comision de Contratos del Comite Ejecutivo Gen., 923 F.2d 380, 385 (5th Cir. 1991), and qualified immunity under Title VII, Brown v. Tex.

Mike Jabary v. City of Allen

547 F. App'x 600 · Court of Appeals for the Fifth Circuit · Nov 25, 2013

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-

Samuel Mitchell v. West Feliciana Parish School Board

507 F.2d 662 · Court of Appeals for the Fifth Circuit · Jan 30, 1975

This is a § 1983 action. 4 For plaintiffs to prevail, it is necessary that they show state action which deprived them of rights, privileges or immunities secured them by the federal laws or Constitution. … If the former teachers are minimally qualified for the jobs they are to receive them.”

Richard Rynearson v. USA

601 F. App'x 302 · Court of Appeals for the Fifth Circuit · Feb 26, 2015

The plaintiff has the burden of refuting a properly raised qualified immunity defense “by establishing that the official’s allegedly wrongful conduct -violated clearly established law.” Brumfield v. … We have already discussed why the officers were entitled to qualified immunity in the absence of any clearly established constitutional right. Discovery was unnecessary. AFFIRMED. Pursuant to 5th Cir.

Teague v. City of Flower Mound

179 F.3d 377 · Court of Appeals for the Fifth Circuit · Jul 8, 1999

A fortiori, Brungardt was afforded qualified immunity, and the city was held not liable. III. … For this reason, the district court correctly dismissed their retaliation claims, and we need not reach the issue of qualified immunity or municipal liability. AFFIRMED. 14

Lewis v. Hunt

492 F.3d 565 · Court of Appeals for the Fifth Circuit · Jul 12, 2007

As the trustees’ undisputed pleadings establish, many years before Mr. … But because the complaint did not comply with the strict pleading requirements necessary to establish a waiver of sovereign immunity, the beneficiaries cannot now rely on the vague and indefinite allegations