Case law

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.”

Maud Lee THORNBROUGH, Jr., Plaintiff-Appellant, v. COLUMBUS AND GREENVILLE RAILROAD COMPANY, Defendant-Appellee

760 F.2d 633 · Court of Appeals for the Fifth Circuit · May 17, 1985

See, e.g., Exxon Shipping, 745 F.2d at 974 -77 (affirmed finding of pretext where plaintiff was denied promotion even though clearly less-qualified person was promoted); Martinez v. … El Paso County, 710 F.2d 1102, 1104-05 (5th Cir.1983) (affirmed finding of pretext based on testimonial evidence that discharged employee was clearly better qualified than retained employee). 24 . Cf.

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.

Heirs of Ude C. Fruge v. Blood Services and Aetna Casualty & Surety Company

506 F.2d 841 · Court of Appeals for the Fifth Circuit · Jan 17, 1975

OTHER CAUSES OF ACTION This is one of those extremely rare situations where the precise legal question before a court has been clearly foreseen by the legislature and unequivocally resolved. … The Louisiana doctrine was firmly established in Weber v. Fidelity & Casualty Ins. Co., supra, note 6.

Lecil Hander v. San Jacinto Junior College, Etc.

519 F.2d 273 · Court of Appeals for the Fifth Circuit · Sep 12, 1975

Yet this same line of cases which establishes that plaintiffs may not circumvent Eleventh Amendment immunity by suing an official or a governmental entity which, in effect, stands in the shoes of the state itself, recognizes … context, independent political subdivisions not immune from suit.

Albert Roelofs, Jr. v. United States of America, the Travelers Insurance Company, Intervenor

501 F.2d 87 · Court of Appeals for the Fifth Circuit · Sep 16, 1974

If that legal obligation is missing, so is § 6 immunity. The District Court agreed with this thesis. … The plaintiffs have been very careful to reserve the question of whether the activity that Sperry Rand performs for the Government meets the criteria of “trade, business, or occupation” necessary to qualify the Government

Allen v. Thomas

388 F.3d 147 · Court of Appeals for the Fifth Circuit · Oct 7, 2004

The district court held that the defendants were entitled to summary judgment on the issue of qualified immunity, holding that Allen had not met his threshold burden of demonstrating a violation of a constitutional right … Because the record does not clearly show that exceptional circumstances do not exist, the district court must present specific findings explaining why counsel was denied. See Jackson v.

Mrs. Lola Hornsby v. Ivan Allen, Mayor of the City of Atlanta

326 F.2d 605 · Court of Appeals for the Fifth Circuit · Jan 7, 1964

which may be issued in an area; the solution is not to make arbitrary selections among those qualified. … If it develops that no ascertainable standards have been established by the Board of Aider-men by which an applicant can intelligently seek to qualify for a license, then the court must enjoin the denial of licenses under

Barry Lee and Jim White, Cross-Appellees v. Miller County, Arkansas, Cross-Appellant

800 F.2d 1372 · Court of Appeals for the Fifth Circuit · Sep 26, 1986

Indeed, the United States Supreme Court in Hall specifically noted: “It may be wise policy, as a matter of harmonious interstate relations, for States to accord each other immunity or to respect any established limits on … The need is obvious in the case of a city such as Texar-kana which straddles the Texas-Arkansas line. *1379 Extending immunity to Miller County would clearly not be “prejudicial to the general interest of [Texas] citizens

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.").

Cambric v. City of Corpus Christi

Court of Appeals for the Fifth Circuit · Mar 13, 2026

Hershey I held the plaintiff stated a claim under Monell but granted qualified immunity to the officers because circuit precedent apparently required that result. 156 F.4th at 559–60 (Ho, J., concurring). … After the en banc vote failed, one panel member then tried and failed to grant panel rehearing to deny qualified immunity. Hershey v. City of Bossier City (“Hershey III”), 163 F.4th 976, 977 (5th Cir.

Spivey v. United States

109 F.2d 181 · Court of Appeals for the Fifth Circuit · Jan 15, 1940

miscellaneous attacks upon the conduct of the trial, (a) that defendant was denied timely inspection of the jury lists, (b) that he was subjected both before and in the course of the trial, to a violation of his constitutional immunity … Each of the counts in question, fully and clearly declares upon the instrument and by quoting it, shows what it in fact is, and if calling the cotton producer’s note and loan agreement, declared on in each count, a “false

Preble-Rish Haiti, S.A. v. BB Energy USA

40 F.4th 368 · Court of Appeals for the Fifth Circuit · Jul 14, 2022

Anything short Case: 22-20021 Document: 00516394972 Page: 2 Date Filed: 07/14/2022 No. 22-20021 of a foreign state’s clearly expressed waiver of immunity from … BB Energy nonetheless has standing to assert the sovereign immunity defense because the property it holds qualifies as “property of a foreign state.” See Walker Int’l Holdings Ltd. v.

Deborah Ferguson, Kathleen Rabjohns, and Michael Rabjohns v. Hospital Corporation International, Ltd.

769 F.2d 268 · Court of Appeals for the Fifth Circuit · Aug 26, 1985

However, that case is clearly distinguishable in that a final judgment and settlement was rendered in Heibel before the plaintiff filed a common law claim. … HCI argues that it was qualified as a subscriber under the definition of that term in Tex.Civ.

Roswitha Saenz v. City of El Paso

668 F. App'x 611 · Court of Appeals for the Fifth Circuit · Sep 12, 2016

The district court found that, with regard to Flores, Roswitha’s pleadings satisfied the well-established two-prong test necessary to overcome an invocation of qualified immunity. … III The district court found that, although Flores did adequately invoke qualified immunity, Roswitha’s pleadings satisfied the well-established two- prong test necessary to overcome qualified immunity.

Equal Access for El Paso, Inc. v. Hawkins

509 F.3d 697 · Court of Appeals for the Fifth Circuit · Dec 10, 2007

To qualify for federal assistance, a state must submit to the Secretary and have approved a “plan for medical assistance,” § 1396a(a), that contains a comprehensive statement describing the nature and scope of the state's … Under the fee-for-service program, health care professionals are reimbursed based on fee schedules established by HHSC.

Rosskamp v. Phillips Petroleum Co.

992 F.2d 557 · Court of Appeals for the Fifth Circuit · Jun 8, 1993

International Paper Co., 856 F.2d 722 (5th Cir.1988), Rosskamp argues that Phillips as a non-operating owner cannot qualify as a "principal" under the compensation statute. 5 We disagree. … Board of Comm'rs, 420 So.2d 1001, 1003 (La.Ct.App.1982) (a contract of lease may establish a contractual relationship making the lessor/owner a "principal" if the lease requires that the lessee execute work which the lessor

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.

Simeon Staten v. Ted Adams

615 F. App'x 223 · Court of Appeals for the Fifth Circuit · Sep 10, 2015

established at the time of the incident and that, in light of that clearly established law, the defendant’s conduct was objectively unreasonable. … We review de novo the issue of qualified immunity. Id.

Stinson v. Williamson (In re Williamson)

844 F.2d 1166 · Court of Appeals for the Fifth Circuit · May 16, 1988

Code Ann. § 85-3-21 (Supp.1987) sets forth the qualifications for claiming a homestead exemption as well as the rights and immunities appertaining thereto. … We decline, however, to read this proposition so broadly, since the factual context in which it was enunciated is clearly distinguishable.