Case law

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

Hershey v. City of Bossier City

Court of Appeals for the Fifth Circuit · Dec 20, 2025

Under the normal standards of qualified immunity, no “clearly established law” placed the officers on notice of Villarreal’s First Amendment right not to be arrested. … Consequently, we adhere to the general rule that for an asserted right to be clearly established for purposes of qualified immunity, it must “have a sufficiently clear foundation in then- existing precedent

McGonigal v. Gearhart Industries, Inc.

851 F.2d 774 · Court of Appeals for the Fifth Circuit · Aug 11, 1988

The jury finding removes any protection available under military contractor immunity. … The law of the case in McGonigal I establishes the propriety of application of res ipsa loquitur in this case.

Word of Faith World Outreach Center Church, Inc. v. Dan Morales, Attorney General of Texas

986 F.2d 962 · Court of Appeals for the Fifth Circuit · Apr 26, 1993

We review the district court's order for abuse of discretion and reverse if the order was based upon an erroneous legal standard or clearly erroneous factual findings. Gaudiya Vaishnava Soc'y v. … The Attorney General cannot push the Young-like square peg of the *966 facts of this case into the round-holed immunity recognized in Pennhurst.

Miller v. Salvaggio

Court of Appeals for the Fifth Circuit · Dec 16, 2024

qualified immunity as to Plaintiffs’ First Amendment claims. … “Qualified immunity protects ‘government officials performing discretionary functions . . . from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights

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.

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.

Fed. Sec. L. Rep. P 93,239, 1972 Trade Cases P 73,967 Norman L. Harwell v. Growth Programs, Inc.

451 F.2d 240 · Court of Appeals for the Fifth Circuit · Apr 11, 1972

The parties tell us that this case presents questions of first impression which will establish important precedents in the field of securities law. … The question is whether there is immunity in the making of this Interpretation.

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

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.

Reyes v. Wyeth Laboratories

498 F.2d 1264 · Court of Appeals for the Fifth Circuit · Jul 31, 1974

immunization. … Thus, individuals themselves immunized could still pass the virus to non-immune persons with whom they came in contact.

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.

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.

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.

Body by Cook, Inc. v. State Farm Mutual Automobile Insurance

869 F.3d 381 · Court of Appeals for the Fifth Circuit · Aug 24, 2017

“[M]ere compliance with Rule 8 does not itself immunize the complaint against a motion to dismiss.” Id. … Plaintiffs do not specifically plead, however, that Body by Cook was as qualified or more qualified than the non-minority body shops that Progressive sought out and approved for its Direct Repair Program.

Hart v. Hairston

Court of Appeals for the Fifth Circuit · Sep 9, 2003

“The law of this circuit is clearly established . . . that a prison official may not retaliate against . . . an inmate . . . for complaining to a supervisor about a guard’s misconduct.” Woods v. … Furthermore, Hairston was not entitled to qualified immunity because, as noted above, the right to be free from retaliation of the sort alleged by Hart was “clearly established” by the 1980s, see Woods, 60 F.3d at 1164

United States v. Jesus Jimenez-Diaz and Carlos Humberto Salazar

659 F.2d 562 · Court of Appeals for the Fifth Circuit · Oct 19, 1981

Salazar’s attorney, resuming his cross-examination, established that Hudson was testifying under a grant of immunity. … We must accept these findings as true because we cannot say that they are clearly erroneous. United States v. Turner, 628 F.2d 461, 465 (5th Cir. 1980).

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

Love v. Foster

90 F.3d 1026 · Court of Appeals for the Fifth Circuit · Jul 30, 1996

In 1872, Congress established a uniform election day for elections for U.S. … of establishing a uniform day to prevent earlier elections from influencing later voters.

Oporto Ex Rel. the Estate Martinez v. Moreno

445 F. App'x 763 · Court of Appeals for the Fifth Circuit · Oct 18, 2011

so, (2) whether the defendant’s behavior was objectively reasonable under clearly established law at the time the conduct occurred. … established law, then the government official is entitled to qualified immunity.”