Case law

In Re: Katrina Canal Breaches

Court of Appeals for the Fifth Circuit · Sep 25, 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. … Despite these contentions, the court did not clearly err in finding that the Corps was reasonable in relying on the report.

Kohler v. Englade

470 F.3d 1104 · Court of Appeals for the Fifth Circuit · Nov 21, 2006

Dist., 349 F.3d 244, 246 (5th Cir. 3 Significantly, Detective Johnson did not move for summary judgment on qualified immunity grounds. … Accordingly, the defense of qualified immunity is not an issue on appeal. -5- 2003).

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

P. Sidney Neuwirth, D.D.S. v. Louisiana State Board of Dentistry

845 F.2d 553 · Court of Appeals for the Fifth Circuit · May 23, 1988

The Board admittedly refused ever to issue any reciprocal license without examination to a dentist qualified outside of Louisiana. Dr. … Moreover, even if the criteria of § 776 must be imported into any reciprocal licensing scheme the Board might establish, their existence does not suggest that the Board lacks discretion to decline all reciprocal licensing

Augusta Clark v. Tarrant County, Texas

798 F.2d 736 · Court of Appeals for the Fifth Circuit · Oct 1, 1986

Appellants allege that Adult Probation paid more money to male employees and gave them promotions over equally qualified female employees in violation of Title VII. … However, the establishment of probation departments is tied to judicial districts and not county lines. Tex.Code Crim.Proc.Ann. art. 42.12.

Joe Hogan v. Mississippi University for Women

646 F.2d 1116 · Court of Appeals for the Fifth Circuit · Jun 5, 1981

Mississippi University for Women (MUW), an institution supported by the State of Mississippi, has, since its establishment in 1884, admitted females only. … The parties stipulated that but for his sex, Hogan is qualified for admission.

Frederick D. Peel v. Florida Department of Transportation, Tom B. Webb, Jr., as Secretary

600 F.2d 1070 · Court of Appeals for the Fifth Circuit · Aug 13, 1979

The inquiry, then, turned to how clearly Congress had intended to abrogate the state’s eleventh amendment immunity. … The Court rejected the state’s claim of immunity on the ground that sustaining it would impermissibly “impair a prime purpose of the federal government’s establishment.” Ibid.

Lavergne v. Lavespere

Court of Appeals for the Fifth Circuit · Apr 11, 2025

“The defense has two prongs, both of which must be rebutted to overcome qualified immunity: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at … The district court said exactly nothing about the second qualified immunity prong. For good reason: no one argued in the court below that the substantial harm issue was not clearly established.

Brown Ex Rel. Estate of Brown v. Bolin

500 F. App'x 309 · Court of Appeals for the Fifth Circuit · Dec 13, 2012

The qualified immunity defense has two prongs: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation. Manis v. … To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates that right. Brown v.

International Truck And Engine Corporation v. Brett Bray

372 F.3d 717 · Court of Appeals for the Fifth Circuit · Jun 3, 2004

Hence, we cannot deduce that only a Texas manufacturer qualifies for the exception. … In a cursory reference at the beginning of his brief, the Director also claims sovereign immunity from International's suit. The Director waived sovereign immunity.

Hester International Corp. v. The Federal Republic of Nigeria v. Jack M. Koonce, Individually and D/B/A Koonce Engineering Service, Movant-Appellant. Hester International Corp. v. The Federal Republic of Nigeria, National Grains Production Co., Limited, a Company Incorporated in Nigeria, and the Government of Cross River State of Nigeria

879 F.2d 170 · Court of Appeals for the Fifth Circuit · Aug 9, 1989

We find none of the court's conclusions to be clearly erroneous. … The FSIA uses it to determine whether an "agency" of the state may potentially qualify for foreign sovereign immunity itself under the FSIA.

United States v. John Martin

615 F.2d 318 · Court of Appeals for the Fifth Circuit · Apr 10, 1980

It does not establish, however, that Rodriquez had been granted or promised immunity at the time he made his statement to Agent Kizer. … The affidavit clearly reveals that both Krai and Rodriquez were deeply involved in the events they reported and thus that their credibility had to be established. See id.

Lizzy Plug v. SXSW Holdings, Incorporated

903 F.3d 522 · Court of Appeals for the Fifth Circuit · Sep 12, 2018

Governmental Immunity In Texas, governmental immunity encompasses both “immunity from liability, which bars enforcement of a judgment against a governmental entity, and immunity from suit, which bars suit against … The Texas Legislature has spelled out certain activities that qualify as governmental. See TEX. CIV. PRAC. & REM. CODE § 101.0215(a).

David A. Young v. United States

498 F.2d 1211 · Court of Appeals for the Fifth Circuit · Aug 15, 1974

Under section 3-13, an employee may be separated for “disqualification,” in the sense of failure to qualify for a fidelity bond, failure to make a required affidavit or submit a “security questionnaire,” or failure to qualify … Roth, 1972, 408 U.S. 564 , 92 S.Ct. 2701 , 33 L.Ed.2d 548 : To have a property interest in a benefit, a person clearly must have more than an abstract need or desire for it.

Flores v. Perez

Court of Appeals for the Fifth Circuit · Aug 14, 2026

III Qualified immunity involves two inquiries: whether the officer violated a constitutional right, and whether the right was clearly established at the time. Tolan v. Cotton, 572 U.S. 650, 655–56 (2014). … This court denied qualified immunity. Id. at 342.

Howard Gault Co. v. Texas Rural Legal Aid, Inc.

848 F.2d 544 · Court of Appeals for the Fifth Circuit · Jun 30, 1988

Assuming, arguendo, that such an immunity exists, these private parties are entitled only to qualified immunity, measured under the standard of good faith. … immunity from monetary liability under § 1983. 59 If the law at the time was not clearly established, an official could not reasonably be expected to anticipate subsequent legal developments, nor could he fairly be said to

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”.

Autin v. City of Baytown

174 F. App'x 183 · Court of Appeals for the Fifth Circuit · Dec 29, 2005

overcome qualified immunity. Id. … Second, is the right lied on by the district court, Autin was at most violated clearly established?” Id.

Vardeman v. City of Houston

55 F.4th 1045 · Court of Appeals for the Fifth Circuit · Dec 21, 2022

The district court granted the City of Houston’s motion to dismiss under Rule 12(b)(1) and Rule 12(b)(6), finding the City immune from suit. … We held the permit officer was subject to Section 1983 but had no qualified immunity because he was acting beyond his authority. Id. at 392.

Tammy Bell v. Jon Thornburg

Court of Appeals for the Fifth Circuit · Dec 30, 2013

She was replaced by a white woman, who Bell contends was less qualified. B. … In Willingham, the Supreme Court considered whether the bare assertion of federal qualified immunity sufficed to allow removal under § 1442(a)(1). See 395 U.S. at 406–08.