Case law

Shirley A. Eaglin v. United States of America, Department of the Army

794 F.2d 981 · Court of Appeals for the Fifth Circuit · Jul 18, 1986

We note that the FTCA is a limited waiver of the United States government’s sovereign immunity in tort. … the "claims arising in a foreign country" language of section 2680(k), and thus we are reluctant, especially on the facts of this case, to allow jurisdiction on a claim alleged to have arisen in the United States which is clearly

Kristie Bellow v. Bd of Supr LA State University

Court of Appeals for the Fifth Circuit · Jan 20, 2014

her in retaliation was objectively unreasonable in the light of clearly-established law. … was not clearly established at the time he terminated Bellow.

Julia Ford and Joe Ford v. American Motors Corporation, the United States of America

770 F.2d 465 · Court of Appeals for the Fifth Circuit · Sep 9, 1985

The discretionary function “includes determinations made by executives or administrators in establishing plans, specifications or schedules of operations. … United States, 352 U.S. 315 , 77 S.Ct. 374 , 1 L.Ed.2d 354 (1957), the Supreme Court narrowed the Dalehite guidelines, discretionary decision- *467 making, as distinguished from nondiscretionary acts of execution, clearly

Wallace v. Taylor

Court of Appeals for the Fifth Circuit · Apr 16, 2023

Qualified immunity provides government officials with immunity from suit “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known … For Wallace’s arrest, Taylor is entitled to qualified immunity unless there was no actual probable cause for the arrest and Taylor’s decision to arrest was objectively unreasonable in light of clearly established law

United States v. Jacksonville Terminal Co.

451 F.2d 418 · Court of Appeals for the Fifth Circuit · Aug 31, 1971

To clearly establish its right to injunctive relief, the District Judge later wrote, the Government was required : (a) to prove that defendants had committed specific acts and practices of racial discrimination in employment … In the instant case, neither the Terminal nor the Unions have justified immunity to remedial relief.

Fontenot v. Watson Pharmaceuticals, Inc.

718 F.3d 518 · Court of Appeals for the Fifth Circuit · Jun 10, 2013

the parties were not actually diverse, but the manufacturer asserted that the non-diverse healthcare providers were improperly named defendants under the Louisiana medical malpractice statute, which bars claims against qualified … Here, since § 1447(e) remands are only for lack of subject-matter jurisdiction, the district court’s characterization as such was clearly colorable. 5  Case: 12-30711

United States v. George Warren Fields

906 F.2d 139 · Court of Appeals for the Fifth Circuit · Jul 5, 1990

In reviewing both findings negating Appellant’s opportunity for a reduction, the district court was justified in its determinations that Appellant did not truthfully accept responsibility and did not qualify as a minor participant … It is specifically agreed and understood that this plea agreement contemplates the full and honest cooperation of the defendant at all times, and that this agreement does not immunize or insulate him from penalties of perjury

James v. Gonzalez

348 F. App'x 957 · Court of Appeals for the Fifth Circuit · Oct 8, 2009

Second, he must claim that the defendants' actions were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of.” Club Retro L.L.C. v. … The district court correctly found that Appellant has therefore failed to establish a violation of his constitutional rights and has not overcome Appellees’ qualified immunity defense. IV.

Schwegmann Bros. Giant Super Markets v. Eli Lilly & Co.

205 F.2d 788 · Court of Appeals for the Fifth Circuit · Oct 19, 1953

The intention of Congress and the intention of the Louisiana Legislature are clearly that restrictions on the non-signers, when imposed as the result of a contract between a producer and a distributor, are to be given effect … “The fact that a state authorizes the price fixing does not, of course, give immunity to the scheme, absent approval by Congress.” 341 U.S. at page 386 , 71 S.Ct at page 746 .

Denise Bailey v. Arthur Lawson, Jr.

614 F. App'x 752 · Court of Appeals for the Fifth Circuit · Jun 23, 2015

immunity must show that (1) the official violated a statutory or constitutional right and (2) the right violated was “clearly established” at the time of the challenged conduct. 12 A court has discretion to decide which … Bullock’s Fourth Amendment right to be free from excessive force and that this right was clearly established.

Atorie Air, Inc. v. Federal Aviation Administration, of the United States Department of Transportation, Roger Knight, Etc.

942 F.2d 954 · Court of Appeals for the Fifth Circuit · Oct 30, 1991

This conclusion also makes it unnecessary to review the district court’s rulings on qualified immunity- 1. … The undisputed facts in the record before the district court establishes such a basis.

Matis v. Johnson

262 F. App'x 671 · Court of Appeals for the Fifth Circuit · Jan 30, 2008

The test for qualified immunity asks whether the defendant violated a federal constitutional right on the facts alleged and whether the right was clearly established. McClendon v. … The defendant is entitled to qualified immunity if her actions were objectively reasonable in light of the clearly established legal rules at the time of the violation.

Mississippi Wood Preserving Co. v. Rothschild

201 F.2d 233 · Court of Appeals for the Fifth Circuit · Jan 14, 1953

The district judge, on the defendant’s motion, sustained his claim of immunity from service of process and quashed the process as having been improperly served upon him. … Rothschild, Jr. was immune from process while attending the taking of depositions in the cause and that the district judge was right in quashing the process served upon him.

United States v. James Eugene Peterson and Donald M. Peterson

488 F.2d 645 · Court of Appeals for the Fifth Circuit · Mar 29, 1974

Peterson enlisted as medical advisor to Zodiac, responsible for drafting procedures which would enable it to qualify as a “provider of services.” … The evidence adduced by the government at trial established that upon receipt of payment checks from Group Medical totaling $18,000, Dr.

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

16 Fair empl.prac.cas. 125, 13 Empl. Prac. Dec. P 11,613 Robert Huntley v. Department of Health, Education and Welfare, Joseph A. Califano, Jr., Secretary

550 F.2d 290 · Court of Appeals for the Fifth Circuit · Apr 8, 1977

Apparently all scores of 90 or above gave a "highly qualified" and a score between 80 and 90 gave a "fully qualified" rating. Mr. … indicated that Huntley was the better qualified of the two.

PALA, Inc. Employees Profit Sharing Plan & Trust Agreement v. United States

234 F.3d 873 · Court of Appeals for the Fifth Circuit · Nov 29, 2000

I In 1975 PALA, Inc. established an Employees Profit Sharing Plan and Trust, for which PALA served as trustee. … The IRS sent PALA favorable determination letters, which stated that the Plan was qualified as a tax-exempt profit sharing plan.

Barbara Singleton v. Michael Darby

609 F. App'x 190 · Court of Appeals for the Fifth Circuit · May 21, 2015

. 19 The dissent con *196 tends, that Singleton has satisfied this prong of the qualified immunity analysis because at the time of the pepper-spraying incident, Singleton had a clearly established right to be free from excessive … immunity in an excessive force case — the same analysis the dissent employs to try and defeat qualified immunity here. 22 Instead, to overcome qualified immunity, the plaintiff must identify case law clearly establishing

Lunsford v. Price

885 F.2d 236 · Court of Appeals for the Fifth Circuit · Sep 22, 1989

scheme clearly indicates a result contrary to that dictated by the [words of the] statute." … [by] conclusively establish[ing the] scope of office or employment...."); Martin v. Merriday, 706 F.Supp. 42 (N.D.

Margaret S. Rodriguez v. Donald E. Ritchey

539 F.2d 394 · Court of Appeals for the Fifth Circuit · Sep 22, 1976

In this Circuit the defense of reasonable good faith in false imprisonment eases has been characterized as a qualified immunity rather than a defense, Bryan v. Jones, 5 Cir. 1976, 530 F.2d 1210 (en banc). … Moreover, he cannot be cast in damages unless he acted “with such disregard of [her] clearly established constitutional rights that his actions cannot reasonably be characterized as being in good faith”, 95 S.Ct. at 1001