Case law

Universal Amusement Co. v. Vance

559 F.2d 1286 · Court of Appeals for the Fifth Circuit · Sep 28, 1977

establishments among the few “common nuisances” clearly subject to abatement under article 4666. … Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), as well as the qualified, good-faith immunity possessed by other government officials, see Wood v.

Henry J. Bennett, Jr. v. City of Slidell, Gerry Hinton, B.E. McDaniel Nunzio Giordano and Patrick J. Berrigan

697 F.2d 657 · Court of Appeals for the Fifth Circuit · Feb 7, 1983

He is not entitled to immunity in this action. … City of Lafayette, 643 F.2d 1188 (5th Cir.1981), may afford the councilmen immunity in a suit as is here presented.

Baldwin v. Morgan

251 F.2d 780 · Court of Appeals for the Fifth Circuit · Jan 14, 1958

Many, if not most,, civil rights actions and those to redress denial of equal privileges and immunities, are to obtain a declaration, and perhaps, coercive relief, of a constitutional prerogative which has been clearly established … First, the rights infringed here are of equal protection, equal immunities and equal privileges clearly within this Act, Collins v. Hardyman, supra; Lewis v. Brautigam, supra.

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.

Alberti v. Sheriff of Harris County, Tex.

Court of Appeals for the Fifth Circuit · Nov 20, 1992

The state relies upon principles of qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), and its requirement that the law be "clearly established at the time an action occurred." … The state enjoys no protection from any qualified immunity of a state official.

Guadalupe Campos v. United States

888 F.3d 724 · Court of Appeals for the Fifth Circuit · Apr 24, 2018

The plaintiff has the burden of establishing that the test is not satisfied. See id. First, the relevant employees’ conduct must be a “matter of choice.” Id. (quoting Spotts v. … A regulation entitled “Alien Victims of Certain Qualifying Criminal Activity” provides the procedure, the specifics of eligibility, and the benefits that arise from a U-1 nonimmigrant visa. 8 C.F.R. § 214.14.

Darlak v. Bobear

814 F.2d 1055 · Court of Appeals for the Fifth Circuit · May 18, 1987

DHHR is clearly concerned with statewide health problems. Id. Sec. 36:251. Charity, however, is concerned only with the administration of the hospital, which is one factor against a finding of immunity in its case. … Darlak's due process rights were not violated, we need not reach the issue of whether the individual defendants would be protected by qualified immunity

Connell Construction Company, Inc. v. Plumbers and Steamfitters Local Union No. 100, Etc.

483 F.2d 1154 · Court of Appeals for the Fifth Circuit · Nov 19, 1973

General Antitrust Immunity — The rule which I discern from the existing authorities is two-fold. … an established bargaining relationship, while here Connell and the union had no labor law duty to bargain at all.

Gonzalez v. El Centro Del Barrio

Court of Appeals for the Fifth Circuit · Feb 6, 2026

But the deeming decision alone does not provide immunity. … Accordingly, a district court’s effective denial of § 233 immunity is subject to appellate review.

Coons v. Lain

277 F. App'x 467 · Court of Appeals for the Fifth Circuit · May 8, 2008

the plaintiff alleged a violation of a clearly established right; and (2) whether the public official’s conduct was objectively reasonable in light of clearly established law at the time of the alleged violation. … The main difference, however, is that official immunity does not incorporate the requirement that the plaintiff show the violation of a clearly established right; official immunity hinges on whether the official’s activities

Alberti v. Sheriff of Harris County, Tex.

Court of Appeals for the Fifth Circuit · Nov 20, 1992

The state relies upon principles of qualified immunity under Harlow v. Fitzgerald, 457 U.S. 800, 818 (1982), and its requirement that the law be "clearly established at the time an action occurred." … The state enjoys no protection from any qualified immunity of a state official.

Burkle v. Patrick

Court of Appeals for the Fifth Circuit · Mar 28, 2025

right; and (2) the right was clearly established. … and unusual punishment. 19 Accordingly, the focus is on the second step of the qualified immunity analysis—that is, whether the officers violated clearly established law.

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.

Charles Torns, Jr. v. City of Jackson, et a

622 F. App'x 414 · Court of Appeals for the Fifth Circuit · Aug 14, 2015

no clear constitutional or statutory violation. 3 We engage in a two-step analysis to assess a public official’s claim of qualified immunity. … “First we must determine whether the plaintiff has made a sufficient showing that the official violated a clearly established constitutional or statutory right.

Fairley v. Louisiana State

294 F. App'x 805 · Court of Appeals for the Fifth Circuit · Aug 12, 2008

Damages We begin an analysis of Fairley’s claim against Stalder in his official capacity for damages under § 1983 by quoting long and clearly established Supreme Court precedent on the matter: “[N]either a … Fairley’s initial brief does not even contain the phrase “qualified immunity.” Any references to Stalder lacking immunity generally are beyond conclusional.

State of Mississippi v. JXN Water

134 F.4th 312 · Court of Appeals for the Fifth Circuit · Apr 10, 2025

Some orders traditionally fall within this doctrine, such as those rejecting absolute or qualified immunity, the denial of a state’s claim to the Eleventh Amendment’s protections, and a ruling against a criminal defendant … A “[f]ederal assistance program” under 7 U.S.C. § 2020(e)(8)(A)(i) clearly implies administration by an arm of the federal government.

United Disaster Response, LLC v. Omni Pinnacle, LLC

511 F.3d 476 · Court of Appeals for the Fifth Circuit · Dec 17, 2007

Holding that these “authorities ... establish without question that Eleventh Amendment immunity does not, as a general rule, extend to counties,” we further stated that “no exception should be made to this rule without convincing … 292 F.2d 711, 718 (4th Cir.1961) (“It would be quite foreign to the Erie doctrine ... to apply a state statute in such a way as to deny all relief in a federal court to a nonresident plaintiff on a cause of action which, clearly

Kristie Bellow v. Bd of Supr LA State University

Court of Appeals for the Fifth Circuit · Jul 30, 2013

in the light of that then clearly-established law? … was not clearly established at the time he terminated Bellow.

Rayburn Hale, Jr. And Patricia J. Upton Hale v. Mehdi Sheikholeslam, M.D., Fannin County Hospital

724 F.2d 1205 · Court of Appeals for the Fifth Circuit · Feb 13, 1984

-83), and no exceptions having been shown, its immunity remained intact. … Clearly, prescription of medication was not within the scope of the nursing staff’s employment. The Hales have asserted that Texas waived sovereign immunity in 1975.

Bodenheimer v. PPG Industries, Inc.

5 F.3d 955 · Court of Appeals for the Fifth Circuit · Nov 3, 1993

Arguably, evidence showing the plaintiff was "clearly better qualified" establishes only that the employer's proffered reasons were pretextual and not that they were a pretext for age discrimination, as required by St. … Thus, even if an employee has established that he was clearly better qualified than his or her replacement, that showing may be insufficient to clear the summary judgment hurdle.