Case law

Henderson v. Thaler

626 F.3d 773 · Court of Appeals for the Fifth Circuit · Nov 16, 2010

In most immunity claims, the petitioner does not dispute his guilt. … “immunity from,” the death penalty — I am advancing an argument that Henderson did not make, and thus waived.

Johnson v. Smith

Court of Appeals for the Fifth Circuit · Nov 5, 2025

As did the district court, for each officer, we start and end with the “clearly established law” prong of the qualified immunity analysis. … As Johnson fails to demonstrate that either Connolly or Vado violated clearly established law, she does not overcome the officers’ assertion of qualified immunity.

Klein Independent School District, Rebecca J. Holt v. Jim Mattox, in His Official Capacity as Attorney General for the State of Texas

830 F.2d 576 · Court of Appeals for the Fifth Circuit · Oct 22, 1987

Although her file may contain “embarrassing or confidential information,” the court noted, the public interest in learning whether those who teach young children are qualified clearly outweighs her limited right to disclosural … in being assured that those who teach are qualified.

Sherwin v. United States

297 F. 704 · Court of Appeals for the Fifth Circuit · Mar 11, 1924

The just-quoted provision was made to apply to proceedings provided for by the act entitled “An act to establish the Department of Commerce and Eabor,” approved February 14,. 1903. 32 Stat. 825 (Comp. … The just-quoted act very clearly discloses the unwillingness of Congress to permit, in the cases then dealt with, the acquisition of immunity by one who furnishes evidence without being subpoenaed and sworn.

Sealey v. Mancias

Court of Appeals for the Fifth Circuit · Aug 19, 2025

“Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established … Even if Sealey alleged a constitutional violation, it would not be clearly established.

Christy Carty v. Texas Dept of Public Safety, et a

470 F. App'x 234 · Court of Appeals for the Fifth Circuit · Mar 14, 2012

Creighton, 483 U.S. 635, 639 (1987) (refusing to apply the “test of ‘clearly established law’ . . . at this level of generality”). Her arguments against qualified immunity otherwise fail. … Under the second prong of the qualified immunity analysis, it cannot be said that this line of authority provides clearly established law for Plaintiff’s position.

Vencedora Oceanica Navigacion, S.A. v. Compagnie Nationale Algerienne De Navigation (C.N.A.N.)

730 F.2d 195 · Court of Appeals for the Fifth Circuit · May 17, 1984

Passed in 1976, the FSIA codified the restrictive theory of sovereign immunity and attempted to provide a uniform statutory procedure for establishing subject matter and personal jurisdiction over foreign sovereign entities … We note further that section 1605(a)(3), the expropriation exception, clearly embodies a "doing business" test.

Connecticut Bank of Commerce v. Republic of Congo

309 F.3d 240 · Court of Appeals for the Fifth Circuit · Jul 17, 2002

It reasoned that “in the prior action all that the insured was required to establish was total and presumably permanent disability ... anything more than that which the insured may have proved was not within the issues in … If the Bank had filed what was clearly a declaratory judgment action, then we would have a different situation.

Oden v. Oktibbeha County MS

246 F.3d 458 · Court of Appeals for the Fifth Circuit · Mar 27, 2001

Appellants further contend that Oden failed to establish a prima facie case because he was not qualified for the job. … However, Sheriff Bryan did not raise qualified immunity in the district court. .

Barrow v. Greenville Independent School District

480 F.3d 377 · Court of Appeals for the Fifth Circuit · Feb 26, 2007

immunity. … We reversed the court’s grant to Smith of qualified immunity, see Barrow v. Greenville Indep. Sch.

Luis Levrie and Henry Rodriguez v. Department of Army and United States of America

810 F.2d 1311 · Court of Appeals for the Fifth Circuit · Jan 22, 1987

This exception to the waiver of sovereign immunity takes precedence over Texas law. … We are persuaded that the district court’s finding is not clearly erroneous. The evidence established that Williams employees received their assignments and directions from the Williams foreman and supervisors only.

Galvan Ex Rel. S. G. v. City of San Antonio

435 F. App'x 309 · Court of Appeals for the Fifth Circuit · Jun 1, 2010

Galvan did not meet her burden of overcoming the officers’ assertion of qualified immunity. We AFFIRM. … When the moving party asserts qualified immunity on summary judgment, the burden shifts to the non-moving party to show that qualified immunity does not apply. See Hathaway v. Bazany, 507 F.3d 312, 319 (5th Cir. 2007).

James Morrow v. Barry Washington

672 F. App'x 351 · Court of Appeals for the Fifth Circuit · Dec 2, 2016

Qualified immunity protects government officials to the extent “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” 6 In resolving claims of … qualified immunity this court asks “(1) whether the facts that the plaintiff has alleged make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time of the defendant

Daniel C. Diaz v. Central Plains Regional Hospital

802 F.2d 141 · Court of Appeals for the Fifth Circuit · Oct 14, 1986

Until February 1, 1984, Central Plains was owned and operated by the Hale County Hospital Authority (the Hospital Authority), which was established pursuant to Texas law. … Thus, in the instant case, the non-use of non-defective equipment clearly does not fall within an exception to governmental immunity. *145 The one case cited by Diaz, Jenkins v.

Neinast v. State of Texas

217 F.3d 275 · Court of Appeals for the Fifth Circuit · Jun 26, 2000

First, the court must address whether Congress has clearly spoken on a precise issue; if it has, then the agency’s interpretation must conform to that policy. … regulation, we find that it falls outside this access-granting remedial scheme and thus beyond the remedial 35 The statutory provision under which the Department of Justice promulgated the rule reads:[N]o qualified

Anchor Hocking v. Alton Box Board Co.

756 F.2d 411 · Court of Appeals for the Fifth Circuit · Apr 4, 1985

Conboy prohibited all use of the immunized interview. … to establish that the true version of events was that given by Connor at the deposition, not the scenario he painted in the government interview when he was presumably serving his own ends in gaining immunity.

Wyatt v. Cole

Court of Appeals for the Fifth Circuit · Dec 28, 1993

We therefore affirmed the district court's grant of qualified immunity to Cole and Robbins.2 The Supreme Court then reversed, holding that qualified immunity is not "available for private defendants … a right was "clearly established."

Curtis J. WRIGHT, Plaintiff-Appellant, v. WESTERN ELECTRIC COMPANY, INC., Defendant-Appellee

664 F.2d 959 · Court of Appeals for the Fifth Circuit · Dec 28, 1981

THE STANDARD OF REVIEW The district court found that the plaintiff failed to establish a prima facie case because he did not prove by a preponderance of the evidence that he was qualified for the position he sought. … In order to establish a prima facie case, Mr.

Evans v. City of Marlin, Texas

986 F.2d 104 · Court of Appeals for the Fifth Circuit · Apr 13, 1993

City of Galveston, 805 F.2d 558, 559-60 (5th Cir.1986), cert. denied, 483 U.S. 1021 , 107 S.Ct. 3266 , 97 L.Ed.2d 764 (1987) 7 The district court also concluded that the individual defendants were entitled to qualified immunity … --Dallas 1992) (issue of fact whether officers acted in good faith when carrying out discretionary duties so as to qualify for common law immunity) (writ filed Nov. 20, 1992) 8 The Appellees cite Exxon Corp. v.

Martin v. Alamo Community College District

353 F.3d 409 · Court of Appeals for the Fifth Circuit · Dec 30, 2003

On August 9, 2002, the district court denied Alamo’s motion, ruling that Alamo was not entitled to Eleventh Amendment immunity. … In the light of this opinion it is clearly not entitled to attorney’s fees at this juncture of the case; its request is therefore denied without 10  IV