Case law

In re: Chamber of Commerce

98 F.4th 265 · Court of Appeals for the Fifth Circuit · Apr 5, 2024

In support of this argument, the Chamber points to two other contexts—qualified immunity and arbitration. … In the qualified-immunity context, the district court loses authority to order discovery because the point of appealing a qualified-immunity denial is in part to avoid the burden of discovery.

Ranger Insurance Company v. William R. Algie and Edith A. Algie

482 F.2d 861 · Court of Appeals for the Fifth Circuit · Aug 16, 1973

Summary judgment should be granted only where the moving party is entitled to judgment as a matter of law and where the record clearly shows that no genuine issue of material fact exists. Sartor v. … South Carolina, where the suit was pending, does not recognize the doctrine of interspousal immunity. 2 .

Arthur Edward Sheehan v. Army and Air Force Exchange Service, an Instrumentality of the Departments of the Army and of the Air Force

619 F.2d 1132 · Court of Appeals for the Fifth Circuit · Jun 27, 1980

The AAFES counters with the argument that governing regulations 8 establish beyond cavil that he served as an appointed employee and did not toil pursuant to contract. … That understanding was reinforced by the well-established legal principle that a federal agency is bound to follow its regulations where the rights of individuals are affected. E. g. Morton v.

Johnson v. Stevenson

170 F.2d 108 · Court of Appeals for the Fifth Circuit · Oct 7, 1948

Their standing to complain under this statute had just previously been established, as it has been recently confirmed by Smith v. … But Stevenson does not have the standing of a voter who is being discriminated against contrary to the Constitution and whose right is clearly secured by it.

Ysleta Del Sur Pueblo v. Laney

199 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 13, 2000

Louisiana, 134 U.S.  4 concluding that “Congress clearly intended to abrogate the States’ Eleventh Amendment immunity … Although prior decisions of this Court have not been entirely consistent on this issue, certain principles are well established.

Eric McCorvey v. TDCJ

607 F. App'x 375 · Court of Appeals for the Fifth Circuit · Jun 15, 2015

Styles filed his motion seeking summary judgment dismissal on the basis of qualified immunity, which the district court eventually denied. … clearly established law as well as under TDCJ policy.

Ronnie Burton v. Malcolm McMillin

511 F. App'x 385 · Court of Appeals for the Fifth Circuit · Feb 14, 2013

immunity, and thus protected from liability for civil damages, as long as “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.”13 Once an official … a constitutional violation, (2) which was clearly established at the time of the defendant’s alleged misconduct.15 We have discretion to decide which of the qualified immunity prongs should be addressed first.16 Here, the

Josephine Victorian and Ruth Helen Jones v. Barbara Miller, Supervisor

813 F.2d 718 · Court of Appeals for the Fifth Circuit · Apr 7, 1987

Plaintiffs do not bear the same burden in seeking to establish a section 1983 right of action. … Thus, the statute does not clearly express an intent to foreclose a section 1983 action.

Thomas v. Texas Department of Family & Protective Services

427 F. App'x 309 · Court of Appeals for the Fifth Circuit · Jun 2, 2011

Qualified immunity protects state officials from civil damages liability “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” … On the “clearly established” inquiry, we have noted that “[o]fficials should receive the protection of qualified immunity ‘unless the law is clear in the more particularized sense that reasonable officials should be “on notice

Mariano S. Falcon v. General Telephone Company

815 F.2d 317 · Court of Appeals for the Fifth Circuit · Apr 23, 1987

Unless Clearly Erroneous ... … To warrant a trial on employment discrimination, Falcon first had to establish a prima facie case by showing that he was a member of a protected class, he was qualified for the position which he sought, he was rejected, and

Corry v. Liberty Life Assur. Co. of Boston

499 F.3d 389 · Court of Appeals for the Fifth Circuit · Aug 28, 2007

However, given the three qualified medical experts who found no objective medical evidence of disability, the administrator, under the established standard of review that restricts the courts, was not obliged to accept the … specialists clearly stating that there was no verifiable objective medical evidence to support Corry’s claim of disability.

Lyle S. Chandler and Adolphus A. Maddox, on Behalf of Themselves and Others Similarly Situated v. The City of Dallas, the City of Dallas

2 F.3d 1385 · Court of Appeals for the Fifth Circuit · Nov 2, 1993

Clearly, such a result was not intended by Congress.” 37 The Supreme Court instead defined an otherwise qualified person as “one who is able to meet all of a program’s requirements in spite of his handicap.” 38 The definition … Therefore, the trial court clearly erred in holding that the plaintiffs were otherwise qualified for Primary Driving positions.

Ken Realty Co., Inc. v. Johnson

138 F.2d 809 · Court of Appeals for the Fifth Circuit · Nov 29, 1943

The settler may well be extended protection till he is firmly established as such, and the government has a continuing interest to see that he is. … written contract at one place speaks of “the purchaser’s interest in the property subsequent to the acceptance of this proposal”, and at another of the leases being “subordinate to the Government’s interest in the property”, clearly

Walton v. Glens Falls Indemnity Co.

192 F.2d 189 · Court of Appeals for the Fifth Circuit · Oct 31, 1951

On the contrary it seems to us that the Georgia Supreme Court did not write mere obiter dicta, but clearly and directly decided that the insurance company owed no duty to Mrs. … Arnold not to plead its insured’s immunity to suit. It follows that in this case the summary judgment for the defendant was properly rendered. Affirmed.

Brown v. Long Beach Police Department

105 F. App'x 549 · Court of Appeals for the Fifth Circuit · Jul 16, 2004

. § 1983 complaint on the basis of qualified immunity. See FED. R. CIV. P. 12(b)(6). Officer * Pursuant to 5TH CIR. … Qualified immunity shields police officers from suit “unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003).

Ralph J. SIMON, Plaintiff-Appellant, v. HONEYWELL, INC., Defendant-Appellee

642 F.2d 754 · Court of Appeals for the Fifth Circuit · Apr 13, 1981

For example, the record is inconclusive as to whether plaintiff was qualified for the three positions in question, or whether the defendant clearly explained legitimate reasons for its actions. … Burdine, supra, - U.S. at — n.6, 101 S.Ct. at 1094 n.6 (prima facie case of sex discrimination established by plaintiff who shows “that she was a qualified woman who sought an available position,” and that “the position was

Spectrum WT v. Wendler

Court of Appeals for the Fifth Circuit · Aug 18, 2025

The bulk of its analysis concerned whether President Wendler was entitled to qualified immunity on the claim for damages. … The district court concluded that he was entitled to qualified immunity because he had not violated any clearly established right.

City of Safety Harbor v. Birchfield

529 F.2d 1251 · Court of Appeals for the Fifth Circuit · Apr 12, 1976

Even if the motivation of the legislators in supporting the bill was suspect, however, their conduct was clearly within the traditional sphere of legislative activity and thus immune from a civil rights action in accordance … With regard to them, the complaint as originally framed alleged no injury in fact, and the private plaintiffs thus failed to establish that they had standing to sue. United States v.

NCDR, L.L.C. v. Mauze & Bagby, P.L.L.C., et

745 F.3d 742 · Court of Appeals for the Fifth Circuit · Mar 11, 2014

Claims of qualified immunity are distinct from the merits of a plaintiff’s claim. Id. (citing Mitchell v. Forsyth, 472 U.S. 511, 527–28 (1985)). … from “civil liability” as opposed to immunity from suit or trial.

Allstate Insurance v. Abbott

495 F.3d 151 · Court of Appeals for the Fifth Circuit · Aug 1, 2007

That reasonable belief is enough to confirm that H.B. 1131 has at least putative local benefits. 51 Allstate has not established that the burden on one interstate firm constitutes a burden on interstate commerce that clearly … Taylor, 106 S.W.3d 692, 698 (Tex.2003) (stating that if the Legislature required the State to be joined in a lawsuit for which immunity would otherwise attach, the Legislature intentionally waived the State’s sovereign immunity