Case law

Angelo Giardina v. Robert Lawrence

354 F. App'x 914 · Court of Appeals for the Fifth Circuit · Dec 7, 2009

He asserted that qualified immunity applied to his actions. The district court denied the motion. We AFFIRM. … Thus, Lawrence’s argument that the complaint has not overcome qualified immunity is without merit.

United States v. James Brooks

681 F.3d 678 · Court of Appeals for the Fifth Circuit · May 18, 2012

See id. at 393 (holding the term “‘market information’ is not vague because [defendant’s] false statements about time, place, price, and volume of . . . natural gas trades clearly qualified as ‘market information’ under almost … With regard to immunity, this Court has held that “[d]istrict [c]ourts have no inherent power to grant immunity.” United States v. Follin, 979 F.2d 369, 374 (5th Cir. 1992).

Darrin Hill v. New Orleans City

643 F. App'x 332 · Court of Appeals for the Fifth Circuit · Mar 16, 2016

, as outlined in the factual scenario,” violated the plaintiff’s clearly established rights. … , for such activity violates 9  Case: 15-30062 Document: 00513425250 Page: 10 Date Filed: 03/15/2016 No. 15-30062 clearly established

Emma Reynolds v. United States

748 F.2d 291 · Court of Appeals for the Fifth Circuit · Dec 10, 1984

The court was clearly required to do so by the foregoing provisions, which are entirely unambiguous; it had no subject matter jurisdiction. We so held in Gregory v. … United States, 659 F.2d 560, 561-62 (5th Cir.1981) (well established that time limitations en *293 acted by Congress in statutes waiving government immunity to be strictly construed in favor of government); Childers v.

United States v. Williams

809 F.2d 1072 · Court of Appeals for the Fifth Circuit · Jan 29, 1987

While the proof used to establish these separate elements may in particular cases coalesce, proof of one does not necessarily establish the other. … We must apply, however, the clearly erroneous standard to the trial court's findings 5 18 U.S.C.

Harrison J. Cheramie, Jr. v. Honorable Ben N. Tucker, Etc., No. 73-3944 Summary Calendar. Rule 18, 5th Cir. See Isbell Enterprises, Inc. v. Citizens Casualty Co. Of New York, 5th Cir. 1970, 431 F.2d 409

493 F.2d 586 · Court of Appeals for the Fifth Circuit · Jun 6, 1974

Section 1983 does not affect the well established rule that judges are immune from damage suits arising out of the exercise of their judicial function. 4 Chief Justice Warren clearly enunciated the necessity for the judicial … immunity doctrine.

Dextric Williams v. City of Cleveland, Mississippi

736 F.3d 684 · Court of Appeals for the Fifth Circuit · Sep 25, 2013

Overcoming qualified immunity requires showing that (1) an official’s conduct violated a constitutional right of the plaintiff and (2) that right was clearly established at the time of the violation. Saucier v. … Addressing Saucier’s second prong, we find that the officers did not violate a right that was clearly established at the time of the alleged violation.

Brown v. Burmaster

Court of Appeals for the Fifth Circuit · Jan 17, 2025

It is well established in this circuit that “[w]here the district court determines that genuine issues of material fact preclude a determination of qualified immunity, we have jurisdiction only to address the legal question … And, particularly in light of Ramirez, a reasonable jury could ultimately find that Burmaster “seized” Bruno in violation of clearly established law.

Sonia Castera Robles v. C. Cayton

454 F. App'x 373 · Court of Appeals for the Fifth Circuit · Dec 21, 2011

Qualified Immunity Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … “If the plaintiff fails to state a constitutional claim or if the defendant’s conduct was objectively reasonable under clearly established law, then the government official is entitled to qualified immunity.”

Gandy Nursery, Inc. v. United States

412 F.3d 602 · Court of Appeals for the Fifth Circuit · Jun 13, 2005

The specific language relied upon by Appellees focuses on a statement in a footnote that provides: [T]estimony and other evidence in the record clearly shows that the IRS filed a lien in April. … Section 7432, however, contains no express waiver of sovereign immunity.

Ellis v. Garza-Lopez

Court of Appeals for the Fifth Circuit · May 30, 2023

The Defendants moved for summary judgment based on qualified immunity. … “The doctrine of qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable

Jeanette Livezey v. Ernesto Fierro

657 F. App'x 274 · Court of Appeals for the Fifth Circuit · Aug 11, 2016

Therefore, we address that question before turning to qualified immunity. I. … To establish that qualified immunity does not apply, the plaintiffs must prove that Chief Mitchell “(1) violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time of the challenged

Doleac v. Michalson

264 F.3d 470 · Court of Appeals for the Fifth Circuit · Aug 27, 2001

Forsyth, 472 U.S. 511 (1985) (pretrial denial of defense of qualified immunity appealable); Coopers & Lybrand v. Livesay, 437 U.S. 463 (1978) (no jurisdiction to review certification of class); Eisen v. … Indeed, the remand order is clearly more final than a stay order in this sense.

Theriot v. United States

245 F.3d 388 · Court of Appeals for the Fifth Circuit · Dec 1, 1998

Discretionary Conduct The United States is under no statutory duty to establish an aid to navigation at a particular place. See Tringali Bros. v. United States, 630 F.2d 1089, 1090 (5th Cir. … Consequently, the ultimate finding that Hamilton negligently operated the boat was not clearly erroneous.

O'Dwyer v. Department of Transportation & Development

309 F. App'x 833 · Court of Appeals for the Fifth Circuit · Feb 5, 2009

The district court dismissed O’Dwyer’s § 1983 claims against individual state officers, on qualified immunity grounds, under Federal Rule of Civil Procedure 12(b)(6). … Once the validity of service has been contested, the plaintiff bears the burden of establishing its validity. Carimi v. Royal Carribean Cruise Line, Inc., 959 F.2d 1344, 1346 (5th Cir.1992).

Virgie Lee Valley v. Rapides Parish School Board Sylvia Pearson Walter Gatlin Herbert Dixon Kenneth Doyle Stanley Miller Rodessa Metoyer, in Their Official Capacities v. Betty J. Cox, Intervenor-Appellee

118 F.3d 1047 · Court of Appeals for the Fifth Circuit · Jul 24, 1997

That issue was rendered moot by the completion of the investigation, Cox's hearing, and Cox's termination by the Board Second, the appellants' argument of qualified immunity is without merit. … It is well established law in this Circuit that the defenses of qualified and absolute immunity do not extend to suits for injunctive relief under 42 U.S.C. § 1983 . Chrissy F. By Medley v.

Dr. Emanuel Pushkin v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

600 F.2d 486 · Court of Appeals for the Fifth Circuit · Aug 8, 1979

Yet unless the optometric services are for the purpose of establishing the necessity for prosthetic lenses, their patients cannot receive Part B reimbursement. … Even so, they say, any damage award would be barred by sovereign immunity.

Jasmine Winston v. City of Shreveport

390 F. App'x 379 · Court of Appeals for the Fifth Circuit · Aug 12, 2010

False Arrest Claim against Officer Willis Qualified immunity protects government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … A court must also ask “whether the right at issue was ‘clearly established’ at the time of defendant’s alleged misconduct.” Pearson, 129 S. Ct. at 816 (citing Saucier, 533 U.S. at 201).

Morrow v. Crisler

491 F.2d 1053 · Court of Appeals for the Fifth Circuit · Mar 27, 1974

No qualified black applicant may be passed over for an appointment in the Mississippi Highway Safety Patrol except for an applicant who clearly and objectively possesses higher qualifications for that particular appointment … It only remains for the highway patrol, in the pursuit of competence, to immunize itself in an indisputable manner from all appearances of racial discrimination.

United States v. Oladimeji Ayelotan

917 F.3d 394 · Court of Appeals for the Fifth Circuit · Mar 4, 2019

Yet as we noted in Edwards, even “hold-out jurors are not immune from dismissal based upon just cause.” 43 The district court had legitimate reasons to dismiss Juror 20. … The district court did not clearly err considering the evidence before it— not with Ayelotan and not with Raheem. 2.