Case law

Independent Taxicab Drivers' Employees v. Greater Houston Transportation Co.

760 F.2d 607 · Court of Appeals for the Fifth Circuit · May 17, 1985

And finally, could a municipality avail itself of Parker immunity absent active state supervision, or did the state have to retain a more active role in order to immunize the non-sovereign entity? … While the latter provision falls short of expressly mentioning the establishment of ground transportation services, the statute’s broad phrasing is a strong indication of the state’s desire to abdicate in favor of municipal

Kenneth J. Arenson v. Southern University Law Center, B.K. Agnihotri, and Aaron Harris

911 F.2d 1124 · Court of Appeals for the Fifth Circuit · Sep 19, 1990

The district court granted the university’s motion for summary judgment on grounds of eleventh amendment immunity. … The burden of establishing a prima facie case, however, is “not onerous”, but only requires proof that the plaintiff applied for an available position for which he was qualified, but was rejected under circumstances which

Steve Hobart v. City of Stafford

582 F. App'x 348 · Court of Appeals for the Fifth Circuit · Sep 16, 2014

To overcome an officer’s claim of qualified immunity, the Hobarts must show “(1) an injury, (2) which resulted directly and only from a use of force that was clearly excessive, and (3) the excessiveness of which was clearly … violation of clearly established law and was objectively unreasonable.

L.D. Hilliard v. Board of Pardons and Paroles

759 F.2d 1190 · Court of Appeals for the Fifth Circuit · Apr 8, 1985

Romano, 482 F.2d 1183, 1191 (5th Cir.1973), cert. denied, 414 U.S. 1129 , 94 S.Ct. 866 , 38 L.Ed.2d 753 (1974), that until November 8, 1983, the Board was established by the state constitution. … V Hilliard contends that the district court erred in holding that the appellees cannot be held personally liable for money damages, arguing that they are not entitled to qualified immunity for their torts.

Amy Hanson v. The Veterans Administration

800 F.2d 1381 · Court of Appeals for the Fifth Circuit · Sep 29, 1986

The district court also dismissed the damage claims on grounds that the VA enjoyed sovereign immunity as to those claims. … Having concluded that the district judge , was not clearly erroneous in finding appellants’ evidence insufficient to establish discriminatory intent or effect, we need not review the other reasons offered by the district

Elvis E. Johnson v. Robert Sawyer, United States of America

980 F.2d 1490 · Court of Appeals for the Fifth Circuit · Dec 29, 1992

The government counters that the breach of a federal statute, here § 6103, cannot establish liability under the FTCA. … As the dissent rightly points out, § 2680(h) retains governmental immunity for libel and slander.

Ann Deshotels v. Gregory Norsworthy

454 F. App'x 262 · Court of Appeals for the Fifth Circuit · Nov 10, 2011

immunity, Appellants must show that the officers “violated clearly established statutory or constitutional rights of which a reasonable person would have known.” … Accordingly, the officers’ actions were objectively reasonable in light of clearly established law and they are entitled to qualified immunity.

Golden Bear Distributing Systems of Texas, Inc. v. Chase Revel, Inc., D/B/A Entrepreneur Magazine

708 F.2d 944 · Court of Appeals for the Fifth Circuit · Jul 5, 1983

Texas Rev.Civ.Stat.Ann. art. 5432 (Vernon 1958). 3 The privilege granted to publishers under article 5432 is a qualified privilege. … Since privilege under that theory affords no greater protection to Entrepreneur than does the privilege under article 5432, our conclusion that Golden Bear of Texas overcame Entrepreneur’s defense of qualified immunity under

Nishan Paul and Irma Feder v. Dade County, Florida, Etc.

419 F.2d 10 · Court of Appeals for the Fifth Circuit · Nov 26, 1969

urged that jurisdiction is specifically conferred by 28 U.S.C.A. § 1343 (3), which gives district courts jurisdiction of an action to redress the deprivation, under color of state law or custom, of any right, privilege or immunity … It does not qualify the meaning of the phrase “state court judgments;” whether or not Supreme Court review is sought is immaterial in determining if the federal suit is an attempt to review a “state decision.”

Sadoski v. Mosley

435 F.3d 1076 · Court of Appeals for the Fifth Circuit · Jan 24, 2006

Amended Judgment of Conviction, subjecting Sadoski to the sentence imposed on November 20, 2000: a term of incarceration of up to thirty-two months, at least twelve months of which Sadoski would have to serve before she could qualify … But the United States Supreme Court has stated clearly that "[a] judge will not be deprived of immunity because the action he took was in error, was done maliciously, or was in excess of his authority. . . ."

Leo Pittman-Bey v. Casey Celum

557 F. App'x 310 · Court of Appeals for the Fifth Circuit · Feb 14, 2014

An official enjoys qualified immunity from all damages unless his “conduct violated a clearly established constitutional right.” Pearson v. Callahan, 555 U.S. 223, 232 (2009). … established law, and the district court correctly concluded that Celum and Shakir were entitled to qualified immunity.

Ralph Smith, Jr. v. James Hood, III

900 F.3d 180 · Court of Appeals for the Fifth Circuit · Aug 10, 2018

Humphrey, 512 U.S. 477 (1994), and state sovereign, prosecutorial, and witness immunity. 3 The district court dismissed all of Smith’s federal claims under Heck and state sovereign immunity and declined to exercise … Smith” clearly challenge the legitimacy or length of his commitment itself.

Bd Regents Univ TX v. Nippon Tele Telegr

478 F.3d 274 · Court of Appeals for the Fifth Circuit · Feb 1, 2007

In this interlocutory appeal, NTT asserts: it is an “organ of a foreign state”, pursuant to the Foreign Sovereign Immunity Act (FSIA), 28 U.S.C. § 1603(b)(2); and, therefore, it is entitled to immunity from federal … As stated, consideration of the guiding Kelly factors clearly favors concluding NTT is not an organ of Japan.

Nigen Biotech, L.L.C. v. Ken Paxton

804 F.3d 389 · Court of Appeals for the Fifth Circuit · Sep 30, 2015

or Congress has clearly abrogated it.” … 10923 Document: 00513213635 Page: 6 Date Filed: 09/30/2015 No. 14-10923 Further, NiGen’s state law claim for tortious interference with contract fails to establish

Robert Hughes v. Leonard Chitty, D/B/A Tideland Towing Company

415 F.2d 1150 · Court of Appeals for the Fifth Circuit · Aug 22, 1969

. § 933 (i), 1 is exclusive and grants immunity to fellow employees against damage suits. … Thus even though some negligence of Canulette and Wall may be covered by the policy, the policy clearly does not cover their negligence to employees of M & W.

Winkley v. Blackwell

Court of Appeals for the Fifth Circuit · May 8, 2025

at trial.” 13 Blackwell argues that the district court erred in denying qualified immunity because he did not violate a clearly established constitutional right. … Hughes, 68 in which the Supreme Court reversed the Ninth Circuit’s denial of qualified immunity. 69 Blackwell asserts that the similarities between the cases clearly establish the reasonableness of his conduct.

A.L.T. Corporation v. Small Business Administration

801 F.2d 1451 · Court of Appeals for the Fifth Circuit · Oct 10, 1986

According to the SBA, its “sue and be sued” status, 15 U.S.C. § 634 (b)(1), is a waiver of sovereign immunity only to the extent that procedures established by the SBA for receipt of service of process are followed. … Burr established the perspective for interpreting these clauses: [W]e start from the premise that such waivers by Congress of governmental immunity in case of such federal instru-mentalities should be liberally construed.

Commissioner of Internal Revenue v. Lyon Tyler Matthew

335 F.2d 231 · Court of Appeals for the Fifth Circuit · Oct 19, 1964

They are certainly not clearly erroneous, F.R. … Even more vital, these civilian employees had a complete or partial immunity from the operation of local laws and local governmental authorities.

Whitney Guillory v. Carroll Thomas

355 F. App'x 837 · Court of Appeals for the Fifth Circuit · Dec 14, 2009

For the purposes of the qualified immunity test, a constitutional right is clearly established when it is “sufficiently clear that a reasonable official would understand that what he is doing violates that right.” … immunity despite violating a clearly established law.

Atwater v. City Of Lago Vista

195 F.3d 242 · Court of Appeals for the Fifth Circuit · Jun 26, 2000

immunity. … Hall, 112 F.3d 214 , 219 n.8 (5th Cir. 1997) ("Because we hold that Channer's Thirteenth Amendment rights were not violated, we do not reach the issue of qualified immunity.").