Case law

Sierra Club, Lone Star Chapter v. Federal Deposit Insurance Corporation

992 F.2d 545 · Court of Appeals for the Fifth Circuit · Jun 8, 1993

As noted above, section 1821a established the FSLIC Resolution Fund and names the FDIC as the fund’s manager. … FIRREA also established the FSLIC Resolution Fund and appointed the Federal Deposit Insurance Corporation the manager of the FSLIC Resolution Fund.

Charles Mitchell v. Roel Cervantes

453 F. App'x 475 · Court of Appeals for the Fifth Circuit · Dec 13, 2011

When analyzing whether a government official is entitled to qualified immunity for an alleged constitutional violation, we determine whether the defendant’s conduct violated a clearly established statutory or constitutional … We also consider “whether the defendant’s actions were objectively unreasonable in light of clearly established law at the time of the conduct in question.” Freeman v.

Delores J. ROBBINS, Plaintiff-Appellant, v. WHITE-WILSON MEDICAL CLINIC, INC., Defendant-Appellee

660 F.2d 1064 · Court of Appeals for the Fifth Circuit · Nov 12, 1981

Plaintiff further established that, although qualified, she was rejected and that the clinic continued interviewing applicants for the position after her rejection. It is the testimony of Mrs. … To establish a prima facie case of racial discrimination, the plaintiff must show: “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the employer was seeking applicants;

United States v. Alice Durlene Nall, Mahlon E. Faust, and Robert Hise Sportsman

437 F.2d 1177 · Court of Appeals for the Fifth Circuit · Jan 20, 1971

I at one time did ask for an immunity type thing for my wife, yes. “Q. … With respect to the market value of corporate stock, the cases are in conflict as to whether the mere fact of ownership qualifies the owner to testify as to his opinion. See 32 C.J.S.

Mims v. Metropolitan Life Ins. Co

200 F.2d 800 · Court of Appeals for the Fifth Circuit · Dec 17, 1952

The question, I think, is more one of qualified privilege than of publication, and on the issue of qualified privilege the case comes within the rule announced by the Mississippi Supreme Court in Alabama & V. Ry. Co. v. … This necessarily follows from the establishment of the fact (settled by the verdict) that the defamatory statement was not covered by the privilege of the communication.

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.

DeLeon v. City of Dallas

345 F. App'x 21 · Court of Appeals for the Fifth Circuit · Aug 20, 2009

Qualified immunity protects public officials from suit unless their conduct violates a clearly established constitutional right. Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Once the defense of qualified immunity is raised, the plaintiff has the burden to establish facts that overcome the defense. Collier v. Montgomery, 569 F.3d 214, 217 (5th Cir. 2009).

Agnes Wiggins v. United States of America, Through the Department of the Army

799 F.2d 962 · Court of Appeals for the Fifth Circuit · Sep 12, 1986

Appellant concedes the weight of authority clearly favors a discretionary function exception read into § 745 of the Suits in Admiralty Act. She relies, however, upon the ease of DeBardeleben Marine Corp. v. … In making this claim, appellant relies upon the well established law deriving from the leading case of Indian Towing Co. v.

Talley v. Jackson State Univ

Court of Appeals for the Fifth Circuit · Aug 5, 2025

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … Once a defendant asserts qualified immunity, “[t]he plaintiff bears the burden of negating qualified immunity.” Brown v. Callahan, 623 F.3d 249, 253 (5th Cir. 2010).

Kathryn Rothkamm v. USA

802 F.3d 699 · Court of Appeals for the Fifth Circuit · Sep 21, 2015

The Supreme Court has “said on many occasions that a waiver of sovereign immunity must be ‘unequivocally expressed’ in statutory text.” 8 Legislative history cannot supply a waiver that is not clearly evident from the language … First, under Chevron, if the language of the statute, § 7811(d), clearly provides for tolling (i.e., a waiver of sovereign immunity), then that ends the inquiry.

Hiram AMBURGEY, Plaintiff-Appellant, v. CORHART REFRACTORIES CORPORATION, INC., Defendant-Appellee

936 F.2d 805 · Court of Appeals for the Fifth Circuit · Jul 26, 1991

While it is not for the court to decide on summary judgment the issue of who was best qualified, evidence that the plaintiff was clearly better qualified would be one way of showing that Cor-hart’s explanation is a pretext … [I]f the factfinder determines that [the plaintiff] was clearly better qualified than the employees who were retained, it is entitled to conclude that the [employer’s] articulated reasons are pretexts.

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

Kimberly Diamond-Brooks v. City of Webster

597 F. App'x 809 · Court of Appeals for the Fifth Circuit · Mar 18, 2015

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 his actions were objectively reasonable in light of the clearly established legal rules at the time of the violation. Id. at 323.

James McCreary v. Jeffery Richardson

Court of Appeals for the Fifth Circuit · Oct 9, 2013

As this court has noted, an official: does not lose qualified immunity merely because a certain right is clearly established in the abstract. … In conducting the second step of the qualified immunity inquiry on summary judgment, we are to determine the issue of clearly established law under the plaintiff’s version of events. See, e.g., Ramirez v.

Doe Ex Rel. Magee v. Covington County School District

659 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 29, 2011

Qualified Immunity As the Supreme Court recently reiterated, “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.63 We hold today that the alleged facts do indeed make out a violation of Jane’s substantive

Castellano v. Fragozo

352 F.3d 939 · Court of Appeals for the Fifth Circuit · Dec 5, 2003

post-Albright cases failed to distinguish our prior precedent which relied on the Fourteenth Amendment, a position his dissent urges Albright called into question. 31 We add that many of the recent cases fail to note the qualifying … We are keenly aware that our insistence upon disentangling federal and state law may appear to be no more than a message to the bar about pleading — clearly state separately your state and federal claims.

PYCA Industries, Inc. v. Harrison County Waste Water Management District

177 F.3d 351 · Court of Appeals for the Fifth Circuit · May 27, 1999

Under the terms of the contract, the remedies clause clearly applies only when a claim has been properly filed and disallowed. … By analogy, because O&W was operating within the scope of immunity granted to the District, we find that O&W likewise will be shielded by the same immunity.

Department of Texas, Veterans of Foreign Wars of the United States v. Texas Lottery Commission

727 F.3d 415 · Court of Appeals for the Fifth Circuit · Aug 21, 2013

the lottery principle, established or existing in other States.”); Hardy v. … The Texas Lottery commission was originally named as a defendant, but was dismissed from the suit by the district court on the basis of Eleventh Amendment immunity. .

Pendergrass v. Greater New Orleans Expressway Commission

144 F.3d 342 · Court of Appeals for the Fifth Circuit · Jun 18, 1998

The two parishes established the GNOEC as their own instrumentality under the authority of the Local Services Law, La. … To that end, the GNOEC has been a success and clearly works for the benefit and welfare of the inhabitants of St.

Western Coal Traffic League and Its Members v. United States of America and Interstate Commerce Commission

719 F.2d 772 · Court of Appeals for the Fifth Circuit · Nov 14, 1983

Nonethe *778 less, Congress clearly intended to retain the protections of ICC rate regulation in areas in which no effective competition prevails. … Such a result clearly is inconsistent with Congress’ repeated attempts to deregulate the railroad industry.