Case law

Kennedy v. Texas Utilities

179 F.3d 258 · Court of Appeals for the Fifth Circuit · Jun 21, 1999

We agree for the reason that the summary judgment evidence established as a matter of law that the United States is not immune. … The alleged liability is not, in our view, “associated with flood control.” or “clearly related to flood control.”22 We likewise think that our Boudreau decision is factually distinguishable.

City of Safety Harbor v. Birchfield

529 F.2d 1251 · Court of Appeals for the Fifth Circuit · Apr 12, 1976

Even if the motivation of the legislators in supporting the bill was suspect, however, their conduct was clearly within the traditional sphere of legislative activity and thus immune from a civil rights action in accordance … With regard to them, the complaint as originally framed alleged no injury in fact, and the private plaintiffs thus failed to establish that they had standing to sue. United States v.

Hale v. Townley

Court of Appeals for the Fifth Circuit · May 3, 1994

If disputed factual issues material to qualified immunity are present, the district court's denial of summary judgment sought on the basis of qualified immunity is not appealable. Feagley v. … Qualified immunity shields law enforcement officials from suit under 42 U.S.C. § 1983 if they could have reasonably believed their actions to be lawful, in light of the law "clearly established" at the time of their actions

James David Autry v. W.J. Estelle, Jr., Director, Texas Department of Corrections, Respondent

706 F.2d 1394 · Court of Appeals for the Fifth Circuit · Aug 4, 1983

also clearly supported the state’s charge that petitioner had fired the fatal shot ... … Even if it could be argued that due process requires a state to follow its own rules establishing a heavier evidentiary burden, see Tarpley v.

August v. Mitchell

Court of Appeals for the Fifth Circuit · May 5, 2003

§ 2000d-73 clearly, unambiguously, and unequivocally conditions the receipt of federal funds on a state’s waiver of sovereign immunity under § 504 of the Rehabilitation Act. … statute than the one that must be cleared to establish “knowing waiver” of sovereign immunity under § 5 of the Fourteenth Amendment.11 As the College Savings Bank Court explained

Calvin Rodrigue v. Morehouse Detention Center, et

557 F. App'x 341 · Court of Appeals for the Fifth Circuit · Feb 27, 2014

The district judge also rejected defendants’ qualified immunity argument, stating that “[i]t is clearly established under Supreme Court precedent both that Rodrigue had a federal right to medical care and that Defendants … Appellants contend that the district court erred in denying them qualified immunity because the judge conducted her inquiry into clearly established law “at too general a level.”

Darrin Hill v. New Orleans City

705 F. App'x 219 · Court of Appeals for the Fifth Circuit · Jul 27, 2017

When a government official asserts qualified immunity, the burden is on the plaintiff to show that the defendant violated the plaintiffs clearly established rights. See Manis v. … Miller, 519 F.3d 231 (5th Cir. 2008), as the case that provides the “clearly established law.”

Steven Baughman v. Ron Hickman

935 F.3d 302 · Court of Appeals for the Fifth Circuit · Aug 15, 2019

Johnson has raised qualified immunity, placing the burden on Baughman to “demonstrate genuine issues of material fact” regarding whether a violation of clearly established law occurred. Michalik v. … We resolved the claim against Nurse Johnson, however, by applying qualified immunity and shifting the evidentiary burden to Baughman.

22 Fair empl.prac.cas. 1687, 19 Empl. Prac. Dec. P 9259 Joyce Marie Moore, Cross-Appellants v. Tangipahoa Parish School Board, Cross-Appellees

594 F.2d 489 · Court of Appeals for the Fifth Circuit · May 7, 1979

As we have said on more than one occasion, Singleton III “established as a principle of law the proposition that school boards must, when converting from a dual system to a unitary one, establish and abide by written non-racial … To be entitled to reinstatement, however, she must have been qualified to fill the available vacancies.

Wogan v. Rose

Court of Appeals for the Fifth Circuit · Feb 12, 2026

Qualified immunity shields government officials from civil liability “unless the official violated a statutory or constitutional right that was clearly established at the time of the challenged conduct.” Reichle v. … Thus, to overcome a defense of qualified immunity, a plaintiff must show that the official “violated a constitutional right” that was “clearly established at the time of the official’s challenged conduct.” Bakutis v.

Floyd Donley, Sr. v. Allen Ordeneaux, III

419 F. App'x 519 · Court of Appeals for the Fifth Circuit · Mar 23, 2011

DISCUSSION “Qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Our qualified immunity analysis considers: (1) whether Donley’s constitutional rights were violated; and (2) whether that right was clearly established at the time of the officers’ alleged misconduct. Atteberry v.

Hearn v. Dretke

376 F.3d 447 · Court of Appeals for the Fifth Circuit · Jul 6, 2004

Our en banc Court in McClendon noted, however, that an “alternative analysis should be rare in qualified immunity cases and should not be undertaken routinely by the panels of this court.” … While we are mindful that this case does not involve a claim of qualified immunity, McClendon clearly supports the proposition that alternative analyses should not be common practice in this Circuit.

Mosti v. Tullis

Court of Appeals for the Fifth Circuit · Mar 10, 2026

II “Qualified immunity protects government officials from civil liability in their individual capacity to the extent that their conduct does not violate clearly established statutory or constitutional rights.” … To avoid summary judgment on qualified immunity, then, it was Mosti’s burden to show “(1) that [Tullis] violated a federal statutory or constitutional right and (2) that the unlawfulness of the conduct was clearly established

Aleashia Clarkston v. John White

941 F.3d 229 · Court of Appeals for the Fifth Circuit · Oct 25, 2019

White moved for summary judgment, asserting, inter alia, the defense of qualified immunity (“QI”). … We conclude, at the second prong, that the right at issue was not clearly established, so White is entitled to QI.

Tradigrain, Inc. v. Mississippi State Port Authority

701 F.2d 1131 · Court of Appeals for the Fifth Circuit · Apr 7, 1983

It is well established that a state is not a “citizen” for purposes of diversity jurisdiction. Moor v. County of Alameda, 411 U.S. 693, 717 , 93 S.Ct. 1785, 1799 , 36 L.Ed.2d 596 (1973); Illinois v. … But that language, in combination with other statutory provisions discussed above, clearly tips the balance in favor of our finding that the Mississippi State Port Authority is merely the alter ego of the State of Mississippi

United States v. Jamiel Alexander Chagra

669 F.2d 241 · Court of Appeals for the Fifth Circuit · Mar 3, 1982

We rejected this basis in Thevis because the proffered defense testimony related to an issue which the government had established entirely through the use of non-immunized witnesses and because there was no evidence of governmental … The government has argued that we should apply the test established in Blockburger v.

Estate of Laura Allison v. Wood County, Tex

524 F. App'x 963 · Court of Appeals for the Fifth Circuit · May 15, 2013

This right was clearly established law at the time of the incident in question. 1. … See Brown, 623 F.3d at 253 (“If the defendant’s actions violated a clearly established constitutional right, the court then asks whether qualified immunity is still appropriate because the defendant’s actions were ‘objectively

Texas v. Soileau (In Re Soileau)

488 F.3d 302 · Court of Appeals for the Fifth Circuit · May 22, 2007

Hood 2 establish that the discharge of a debt like Soileau’s is not barred by such immunity, the bankruptcy court had jurisdiction. We therefore affirm the denial of the State’s dismissal motion. I. … Standard of Review In reviewing cases originating in bankruptcy, we “perform the same function, as did the district court: Fact findings of the bankruptcy court are reviewed under a clearly erroneous standard and issues of

Greg Porter v. Guadalupe Valdez

424 F. App'x 382 · Court of Appeals for the Fifth Circuit · May 11, 2011

Accordingly, qualified- immunity analysis is based upon two, well-established prongs: (1) whether plaintiffs show violation of a clearly-established statutory or constitutional right; and, if so, (2) whether they show defendants … As discussed supra, under the second prong of our qualified-immunity analysis, we must determine whether plaintiffs showed defendants’ conduct was “objectively [un]reasonable in light of clearly established law”.

Surgical Care Center of Hammond, L.C. v. Hospital Service District No. 1

309 F.3d 836 · Court of Appeals for the Fifth Circuit · Oct 9, 2002

Rather, it was clearly adding a Section 1 Sherman Act claim, and thus expanding the nature of the case.” … Luke’s has not articulated why the district court’s findings were clearly erroneous. III.