Case law

Donathon Stephenson v. Charles McClelland

632 F. App'x 177 · Court of Appeals for the Fifth Circuit · Dec 4, 2015

Qualified Immunity A government official performing a discretionary function is entitled to qualified immunity unless his actions violate a clearly established right of which a reasonable person would have known. … The district court determined that Officers Duncan and McCray were entitled to qualified immunity because the record did not support a finding that the officers violated an established constitutional right or acted objectively

Joyce Wells v. Hico Independent School District, Etc., Veriena Braune v. Hico Independent School District, Etc.

736 F.2d 243 · Court of Appeals for the Fifth Circuit · Jul 16, 1984

The qualified immunity defense was not raised in any form below or previously in this Court, and is not properly before us. … We express no opinion regarding whether or not the appellants’ qualified immunity defense, if properly raised in the district court, would have had-merit. .

Robert Groden v. City of Dallas

826 F.3d 280 · Court of Appeals for the Fifth Circuit · Jun 16, 2016

The jury was charged on both the constitutional issue and on qualified immunity and subsequently rendered a general verdict. We cannot know which issue the jury found to be decisive. … Heller’s holding applies only when “no issue of qualified immunity was presented to the jury.” Id. at 798.

In Re Jefferson Parish

81 F.4th 403 · Court of Appeals for the Fifth Circuit · Aug 24, 2023

In Pearson, the Supreme Court held that courts may rule on claims to qualified immunity by determining only that a right is not clearly established, without also reaching whether there is such a right. Id. at 237. … representatives should not be able to try their tightly related non-class claims before certifying their class claims. 7 Id. _____________________ 6 By way of further analogy to the qualified-immunity

Stena Rederi AB v. Comision de Contratos del Comite Ejecutivo General del Sindicato Revolucionario de Trabajadores Petroleros de la Republica Mexicana, S.C.

923 F.2d 380 · Court of Appeals for the Fifth Circuit · Feb 11, 1991

at least some facts that would establish the exceptions. … Maritime Internat’l Nominees Establishment, 693 F.2d at 1108 & n. 20. In Hanson v.

Chavers v. Exxon Corp.

716 F.2d 315 · Court of Appeals for the Fifth Circuit · Oct 3, 1983

In that instance, Exxon would not be Chavers’ statutory employer and would not have tort immunity. … Gulf Oil Corporation, 696 F.2d 395 (5th Cir.1983) (the principal sup *318 ported its successful motion for summary judgment with affidavits to the effect that its own employee-mechanics were qualified to and did perform the

In Re Bruce Selcraig

705 F.2d 789 · Court of Appeals for the Fifth Circuit · May 27, 1983

Despite the care taken by the district court, we find that the necessity of obtaining the information was not yet established and the reporter’s qualified privilege, therefore, not yet overcome. … We accept these findings as not clearly erroneous. Fed.R.Civ.P. 52(a).

Davis v. Arn

199 F.2d 424 · Court of Appeals for the Fifth Circuit · Oct 30, 1952

. §§ 41 and 43, brought on behalf of the named plaintiffs and others similarly situated, to redress the alleged deprivation of rights, privileges, and immunities secured to them by the Fourteenth Amendment of the U. S. … Plaintiffs charge not only that they were wrongfully excluded from examinations held on September 21, 1950, and February 23, 1951, but also that the Board has established and is maintaining a continuing policy, custom or

Dealer's Transport Co. v. Reese

138 F.2d 638 · Court of Appeals for the Fifth Circuit · Nov 12, 1943

In support of the motion to set aside or quash the process against the Corporation, it was urged, that the Corporation had not qualified to do business in the State of Alabama and had no agent in Alabama upon whom process … Even a soldier, be he ever so vital to the Army, is not immune from either civil or criminal process.

Leo C. Angel v. City of Fairfield, Texas, and W.F. Daniel

793 F.2d 737 · Court of Appeals for the Fifth Circuit · Jul 11, 1986

a procedure to determine the residence of voters; and (5) by virtue of the city’s policy and practice, qualified voters were denied the right to vote. … As a general proposition, a section 1983 claim requires the plaintiff to show (1) conduct committed under color of state law, and that (2) the conduct deprived the plaintiff of rights, privileges or immunities secured by

United States v. Russell Weiss

599 F.2d 730 · Court of Appeals for the Fifth Circuit · Sep 19, 1979

His contention is based on the principle established in Massiah v. … Rocco, 587 F.2d 144 , 147 n.10 (3d Cir. 1978) (grant of immunity within sole discretion of executive branch). Since Weiss had not established such a right, he is not in a position to assert that it was prejudiced. .

Richard D. Snapp v. United States Postal Service-Texarkana Management Sectional Center, William M. Capshaw, Manager, Postmaster

664 F.2d 1329 · Court of Appeals for the Fifth Circuit · Jan 7, 1982

That the waiver of immunity has been implemented by a regulation cannot improve his case. … Because we hold that Snapp’s action is outside of federal jurisdiction, we do not reach the issue of immunity.

United States v. DeCay

620 F.3d 534 · Court of Appeals for the Fifth Circuit · Sep 20, 2010

Republique du Congo, 455 F.3d 575, 584 (5th Cir. 2006) (“The sovereign immunity claim may be raised by a garnishee as well as a foreign sovereign.”); Stena Rederi AB v. … This language is qualified only by the enumerated exceptions contained in § 3613(a)(1)–(3).

Troy Lee Douthit v. Clarence Jones, Sheriff, Dallas County, Texas, and W. H. McCallum

641 F.2d 345 · Court of Appeals for the Fifth Circuit · Apr 3, 1981

(en banc), cert. denied, 429 U.S. 865 , 97 S.Ct. 174 , 50 L.Ed.2d 145 (1976), this court sitting en banc rejected the holding of Whirl that a sheriff could not assert a good faith, qualified immunity defense to a false imprisonment … If he negligently establishes a record keeping system in which errors of this kind are likely, he will be held liable.

United States v. Medina-Anicacio

325 F.3d 638 · Court of Appeals for the Fifth Circuit · Mar 24, 2003

concealed dagger is closely associated with gang violence: the California legislature broadly defined “dirk or dagger” because of its concern that gang members who carry lethal knives hidden beneath their clothing would be immune … Clearly, this type of weapon is intended for gang violence. . Common sense tells us that a confrontation is more likely to escalate to violence when one of the participants is carrying a concealed weapon.

Freeman v. US Dept Homeland Sec

Court of Appeals for the Fifth Circuit · Mar 17, 2009

Fitzgerald, 457 U.S. 800, 817 (1982),] qualified immunity standard is to protect public officials from the ‘broad-ranging discovery’ that can be ‘peculiarly disruptive of effective government.’”); Williamson v. U.S. … Dep’t of Agric., 815 F.2d at 382–83 (affirming stay of discovery where absolute and qualified immunity applied).

Michael E. SPIESS, Et Al., Plaintiffs-Appellees, v. C. ITOH & CO. (AMERICA), INC., Defendant-Appellant

725 F.2d 970 · Court of Appeals for the Fifth Circuit · Feb 10, 1984

Hence, the September 27, 1983 order is clearly not within the ambit of the “collateral order doctrine” as it is normally defined, understood and applied. See Parr v. … In any event, any such contention would be clearly lacking in merit.

Estate of A.R. v. Muzyka

543 F. App'x 363 · Court of Appeals for the Fifth Circuit · Oct 16, 2013

Even taking all the evidence A.R. presents as true, she at most only establishes negligence. … [of] whether Louisiana’s Eleventh Amendment sovereign immunity” barred claims under the ADA and Section 504. Id. at 450 .

Life Partners Inc. v. United States

650 F.3d 1026 · Court of Appeals for the Fifth Circuit · Aug 16, 2011

“[T]he line between what constitutes a permissible negligence claim and a barred misrepresentation claim has not been clearly delineated.” Saraw P’ship, 67 F.3d at 570. … Life Partners has not alleged any specific facts to establish that the SBA performed an operational task negligently.

Trevino v. General Dynamics Corp.

865 F.2d 1474 · Court of Appeals for the Fifth Circuit · Feb 23, 1989

Bynum established the following elements for the government contractor defense: To establish the government contractor defense, a military contractor must first demonstrate that the government is immune from liability under … The majority in Boyle did not define approval, but the dissent clearly feared such a possibility arising from the majority’s formulation of the defense: “Respondent is immune from liability so long as it obtained approval