Case law

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

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.

Lewis E. Johnson v. The Secretary of and U.S. Department of Housing and Urban Development, Federal Housing Administration

710 F.2d 1130 · Court of Appeals for the Fifth Circuit · Aug 1, 1983

The final question is whether Johnson’s claims are barred by sovereign immunity. To show that sovereign immunity has been waived as to his claim, Johnson relies on section 1 of the Act, 12 U.S.C. § 1702 . … , the suit falls within the qualified waiver of sovereign immunity.

La Union del Pueblo Entero v. Harris Cty Repub

29 F.4th 299 · Court of Appeals for the Fifth Circuit · Mar 25, 2022

We express no views on whether those interests are sufficient to establish the private plaintiffs’ standing. See Newby v. … The Committees have established that their interest may be impaired if they are denied intervention.

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.

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.

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

United States v. Louis L. Seiffert, Jr.

501 F.2d 974 · Court of Appeals for the Fifth Circuit · Oct 4, 1974

And it should be followed in later proceedings in this Court unless it is shown to be clearly erroneous and would work a manifest injustice. See Roe & Co. v. Armour & Co., 5 Cir. 1969, 414 F.2d 862, 869-870 . … Assuming, then, that the 1970 amendment was applicable to cases pending when it was enacted, we turn to the question whether the Government discharged its burden of establishing the source of its evidence and negating that

Hart v. Texas Department of Criminal Justice

106 F. App'x 244 · Court of Appeals for the Fifth Circuit · Jul 26, 2004

Qualified Immunity Our review of denials of qualified immunity comprises a two-pronged inquiry: “(1) under existing law, does the plaintiff allege a violation of an actual, clearly established constitutional or federal statutory … right; and (2) if so, was the defendant’s conduct objectively unreasonable in the light of clearly established law at the time of that conduct.” 11 Despite the district court’s assertion that its denial of qualified immunity

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.

Holden v. Knight

155 F. App'x 735 · Court of Appeals for the Fifth Circuit · Nov 16, 2005

under the collateral order doctrine because the qualified immunity defense is not only an immunity 1 Morin v. … The plaintiff must first allege a violation of a clearly established constitutional right.9 “To be ‘clearly established’ for purposes of qualified immunity, ‘[t]he contours of the right must be sufficiently clear that

Martin v. McElvaney

145 F.3d 360 · Court of Appeals for the Fifth Circuit · May 15, 1998

We apply a bifurcated test in assessing the question of qualified immunity: First, we determine whether the plaintiff has alleged the violation of a clearly established constitutional right under the current … Nevertheless, McElvaney and Dixon are still entitled to qualified immunity if their action was objectively reasonable as measured by law clearly established at the time of the incident.

Robert Tuft v. State of Texas

544 F. App'x 488 · Court of Appeals for the Fifth Circuit · Nov 4, 2013

Tuft contends that the district court erred in granting summary judgment to Gonzalez based on qualified immunity. … light of clearly established law at the time of the violation.”

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.

United States v. Gary John Crosby

713 F.2d 1066 · Court of Appeals for the Fifth Circuit · Aug 18, 1983

The trial court’s determination here was not clearly erroneous. … The charges clearly were not multiplicitous, and Crosby’s conviction on all counts was proper. 14 V.

Okpalobi v. Foster

244 F.3d 405 · Court of Appeals for the Fifth Circuit · Mar 16, 2001

In other words, the class of inmates would not have incurred any detriment by filing their habeas petitions prior to a ruling on whether California was a qualifying state. … Finney, 437 U.S. 678 , 98 S.Ct. 2565 , 57 L.Ed.2d 522 (1978) (allowing Ex parte Young plaintiffs to receive monetary relief that is clearly ancillary to non-monetary *440 prospective relief).

Carter v. Butler

Court of Appeals for the Fifth Circuit · Jan 7, 2022

did not violate Carter’s clearly established rights. … To evaluate whether a defendant is entitled to qualified immunity, we ask whether “the officer’s conduct violated a constitutional right, and whether the right at issue was clearly established at the time of the

Thomas Rachel v. State of Georgia

342 F.2d 336 · Court of Appeals for the Fifth Circuit · Mar 5, 1965

Congress, while carving out rights and immunities in the area of civil rights, has provided a jurisdictional basis for efficiently and appropriately protecting those rights and immunities in a federal forum. … City of Rock Hill, supra, as follows: “[T]he language of § 203(c) supports a conclusion that non-forcible attempts to gain admittance to or remain in establishments covered by the Act, are immunized from prosecution, for

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