Case law

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

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).

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

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

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.

Mid-Texas Communications Systems, Inc. v. American Telephone and Telegraph Company, Southwestern Bell Telephone Company

615 F.2d 1372 · Court of Appeals for the Fifth Circuit · May 27, 1980

It qualified under the Urban Growth and New Community Development Act of 1970, 42 U.S.C. § 4501 et seq., which provides for government guarantees of the bonds of private new community developers up to a maximum of $50,000,000 … physical connections with other carriers, to establish through routes and charges applicable thereto and the divisions of such charges, and to establish and provide facilities and regulations for operating such through routes

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.

United States v. David L. Maggard

451 F.2d 502 · Court of Appeals for the Fifth Circuit · Dec 3, 1971

It is undisputed that border officials are authorized to establish checkpoints within a reasonable distance from a border crossing and, without a warrant, conduct searches for contraband. … A suspect is therefore not immune from further examination by customs agents merely because he may momentarily escape and pass safely through the first customs cheek. Thomas v.

Lewis v. University of Texas Medical Branch

665 F.3d 625 · Court of Appeals for the Fifth Circuit · Dec 20, 2011

Lewis further argues that UTMB is not entitled to immunity. I. … The fact that “reasonable minds could disagree on the propriety of [the plaintiff]’s termination” is insufficient to defeat a public official’s qualified immunity against a substantive due process claim. Id.

Walton v. Alexander

Court of Appeals for the Fifth Circuit · May 19, 1994

State officials are protected by qualified immunity for alleged constitutional torts if their conduct does not violate clearly established law effective at the time of the alleged tort. Harlow v. … immunity if under the circumstances it was not clearly established that his conduct violated the federal right sued on.

Williams v. City of Baton Rouge

Court of Appeals for the Fifth Circuit · Nov 4, 2025

The Forensic Defendants respond that they are entitled to qualified immunity because Williams did not establish that they violated clearly established law. … Thus, Williams failed to establish a violation of a “clearly established” right under the first prong of the qualified immunity test. 16 Case: 24-30723 Document: 53-1

Paulina Marquez v. Barbara Garnett

567 F. App'x 214 · Court of Appeals for the Fifth Circuit · May 6, 2014

The court next addressed the second part of the qualified immunity inquiry: whether the right violated was clearly established. … Because Garnett’s alleged conduct violated a clearly established right, the court refused to dismiss on the basis of qualified immunity.

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.

Lunsford v. Price

885 F.2d 236 · Court of Appeals for the Fifth Circuit · Sep 22, 1989

scheme clearly indicates a result contrary to that dictated by the [words of the] statute.” … [by] conclusively establishing the] scope of office or employment....”); Martin v. Merriday, 706 F.Supp. 42 (N.D.

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”.

Moss v. BMC Software, Inc.

610 F.3d 917 · Court of Appeals for the Fifth Circuit · Jul 2, 2010

The district court granted summary judgment in favor of BMC, concluding that Moss failed as a matter of law to show that he was clearly more qualified than the candidate hired in order to establish pretext and had not proffered … more qualified than Lim in order to establish pretext, nor had he proffered any direct evidence of discrimination.

United States v. Lauderdale Cnty.

914 F.3d 960 · Court of Appeals for the Fifth Circuit · Feb 1, 2019

When a juvenile is charged with offenses under youth court jurisdiction, he or she is brought before an intake officer of the court who establishes jurisdiction and recommends whether informal resolution or custody is warranted … First, we consider the question of judicial immunity.

Anthony Gibson v. Jeffrey Kilpatrick

838 F.3d 476 · Court of Appeals for the Fifth Circuit · Sep 20, 2016

Kilpatrick, 734 F.3d 395, 406 (5th Cir. 2013), we reversed the denial of qualified immunity, holding that Gibson’s speech to state and local authorities about Kilpatrick’s misuse of the gasoline card was not protected because … We again reversed the denial of qualified immunity, finding no violation of clearly established rights, and we declined to exercise jurisdic- tion over the MIE claim. Id. at 673. The Supreme Court denied certiorari.

Billy Joe Ashe v. Joe Corley, Etc., Montgomery County, Texas

992 F.2d 540 · Court of Appeals for the Fifth Circuit · Jun 4, 1993

Next, the County argued that the plaintiffs had failed to allege any method of overcoming the qualified immunity of the individual members of the sheriff's department. … Of course, the qualified immunity of the officers is immaterial when plaintiffs are proceeding in an official-capacity action. Kentucky v. Graham, 473 U.S. 159, 166-67 , 105 S.Ct. 3099, 3105-06 , 87 L.Ed.2d 114 (1985).