Case law

Stephen Stem v. Ruben Gomez

813 F.3d 205 · Court of Appeals for the Fifth Circuit · Feb 8, 2016

Section 614.023 also does not resemble other statutes that clearly establish such a rule. … [is] not prohibited by sovereign immunity.” Id. at 372.

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.

United States v. Rondrick Gray

669 F.3d 556 · Court of Appeals for the Fifth Circuit · Feb 1, 2012

immunity. … Ramirez, 540 U.S. 551, 565 n.8 (2004) (describing the inquiry for good faith under the Fourth Amendment as the same as the objective-reasonableness prong under qualified immunity).

Ghotra v. Whitaker

912 F.3d 284 · Court of Appeals for the Fifth Circuit · Jan 4, 2019

To qualify for asylum, an applicant must establish that he is "unable or unwilling to return to ... … To qualify for relief under CAT, an applicant must establish that "it is more likely than not" that he would be tortured in the proposed country of removal. 8 C.F.R. § 208.16 (c)(2).

United States v. Southern Motor Carriers Rate Conference, Inc.

702 F.2d 532 · Court of Appeals for the Fifth Circuit · Apr 11, 1983

"[t]hese decisions establish two standards for antitrust immunity under Parker. … After discussing each of these cases, a unanimous Court concluded that "[t]hese decisions establish two standards for antitrust immunity under Parker v.

Swate v. Hayth

Court of Appeals for the Fifth Circuit · Jun 8, 2000

have been clearly established then. … Because the constitutionality of the search in this case was not clearly established, the DEA officer is entitled to qualified immunity. The factors on which Dr.

United States v. Auviene D'antignac, A/K/A Jack D'antignac, Patrick Glen Knight, Thomas Olden Thornton, Timothy David Cahill and Robert Wheeler Welch

628 F.2d 428 · Court of Appeals for the Fifth Circuit · Oct 20, 1980

Moreover, there clearly existed the exigent circumstances that defendants contend were absent. … The Skinners were all granted immunity in exchange for Richard’s testimony. .

Thayer v. Adams

364 F. App'x 883 · Court of Appeals for the Fifth Circuit · Feb 4, 2010

Adams answered, denied wrongdoing, and asserted her entitlement to official immunity, immunity under the Eleventh Amendment, and qualified immunity. … In accordance with this principle, a defendant who invokes qualified immunity “is entitled to dismissal before the commencement of discovery” if the plaintiff’s assertions fail to “state a claim of violation of clearly established

Claudia Dawson v. Anderson County, Texas

566 F. App'x 369 · Court of Appeals for the Fifth Circuit · May 6, 2014

The defendants responded with a claim of qualified immunity. To overcome this defense, Dawson must show an injury caused by actions that were objectively unreasonable in light of clearly established law. … Because the officers were entitled to qualified immunity on the federal claims, they are also protected by official immunity under state law. In sum, the district court did not err in holding in favor of the defendants.

Charline Hamilton, Administratrix of the Estate of Carey Clayton Yates v. Jess Chaffin

506 F.2d 904 · Court of Appeals for the Fifth Circuit · Jan 15, 1975

Clearly, all of these issues were present in the alleged cause of action here. … MUNICIPAL IMMUNITY The trial court correctly concluded that the City of Booneville was immune from suit brought under Section 1983, e. g., City of Kenosha v.

Downey v. Denton County, Texas

119 F.3d 381 · Court of Appeals for the Fifth Circuit · Aug 20, 1997

Deliberate indifference to inmate health or safety is the mens rea necessary to establish liability in prison condition cases. Id.; Wilson v. … The district court's findings regarding the cause in fact aspect of proximate cause are not clearly erroneous.

Shomari Staten v. City of Carrollton

465 F. App'x 353 · Court of Appeals for the Fifth Circuit · Mar 22, 2012

ANALYSIS STANDARD OF REVIEW AND QUALIFIED IMMUNITY GENERALLY “We review de novo a district court's denial of a motion for summary judgment on the basis of qualified immunity.” Kovacic v. … Excessive Force A suspect has a clearly established right under the Fourth Amendment to be free of excessive force when an officer is executing a search or arrest. See Tarver v.

Aware Woman Clinic, Inc. And Randall B. Whitney, M. D. v. City of Cocoa Beach, Florida

629 F.2d 1146 · Court of Appeals for the Fifth Circuit · Nov 7, 1980

The court also dismissed appellants’ claims for damages, finding the appellees to be shielded by absolute immunity from damages under section 1983. Id. None of the parties appeal this decision. … The financial impact of a fee award on the taxpayers of Cocoa Beach is clearly not a “special circumstance” justifying the denial of attorney’s fees under section 1988.

Celanese Chemical Company, Inc. v. The United States of America and Interstate Commerce Commission

632 F.2d 568 · Court of Appeals for the Fifth Circuit · Dec 10, 1980

The Commission contends that its decision, even at this threshold level, is virtually immune from judicial review. Commission Brief at 11-13. We disagree. The Commission relies heavily on Houston Lighting & Power Co. v. … The old statute thus must be presumed to mean the same as the new, clarified statute, which clearly does not apply to judicial review.

Flores Ex Rel. Flores v. Jaramillo

389 F. App'x 393 · Court of Appeals for the Fifth Circuit · Aug 9, 2010

There is no qualified immunity where (1) the defendant violated the plaintiff’s constitutional rights, and (2) the defendant’s action was “objectively unreasonable in light of clearly established law at the time of the conduct … Flores has not shown a violation of a clearly established right, and our qualified immunity analysis ends there. The officers are immune from suit. AFFIRMED. 4

State of Louisiana v. Robert Guidry

489 F.3d 692 · Court of Appeals for the Fifth Circuit · Jun 15, 2007

Before reaching a deal, however, Guidry sought full immunity from state prosecution. The State, through Moreau, agreed to defer to the federal government and grant Guidry full state immunity. … As detailed earlier, Guidry has already been punished for his crime, and the State did not qualify as a victim of Guidry’s criminal conduct deserving of restitution.

In Re Fema Trailer Formaldehyde Products Liability Litigation

668 F.3d 281 · Court of Appeals for the Fifth Circuit · Jan 23, 2012

Plaintiffs bear the burden of establishing subject-matter jurisdiction. Castro v. United States, 560 F.3d 381, 386 (5th Cir. 2009), vacated on other grounds, 608 F.3d 266 (5th Cir. 2010). … intended to immunize the federal government under the state emergency statutes.

Jo Anna Miles v. David Baker

455 F. App'x 500 · Court of Appeals for the Fifth Circuit · Dec 28, 2011

B) Entitlement to Qualified Immunity We now turn to the question of whether the defendant is entitled to qualified immunity. … Beckworth contends that Miles’s First Amendment retaliation claim is not based on clearly established federal law.

Matter of Appletree Markets, Inc.

19 F.3d 969 · Court of Appeals for the Fifth Circuit · Apr 15, 1994

Sec. 1167 . 11 COBRA defines the "plan sponsor" as(i) the employer in the case of an employee benefit plan established or maintained by a single employer, ... or (iii) in the case of a plan established or maintained by two … is clearly not an event that terminates the Board's obligations to provide COBRA coverage to the SCP Qualified Beneficiaries.

Gordon v. Pettiford

312 F. App'x 595 · Court of Appeals for the Fifth Circuit · Feb 25, 2009

Because Pettiford asserted qualified immunity, the first question that must be considered is whether his conduct violated a clearly established statutory or constitutional right of which a reasonable person would have known … To be clearly established for purposes of qualified immunity, the contours of the right must be sufficiently clear that a reasonable official would understand that what he is doing violates the defendant’s rights.