Case law

Sno-Wizard Manufacturing, Inc., Plaintiff-Appellant/cross-Appellee v. Eisemann Products Company, Defendants-Appellees/cross-Appellants

791 F.2d 423 · Court of Appeals for the Fifth Circuit · Jun 11, 1986

The district court concluded that Sno-Wizard failed to establish secondary meaning. A finding of secondary meaning is factual and we will not overturn it unless clearly erroneous. Zatarains, Inc. v. … Sno-Wizard argues that its trade dress qualifies as a strong mark through the acquisition of secondary meaning.

Virgil Norton, Virgil Wesley and James Chapman v. James P. McShane

332 F.2d 855 · Court of Appeals for the Fifth Circuit · Jul 15, 1964

Matteo establishes such a strong countervailing policy. In Barr v. … This is clearly shown in the case of Logan v.

DeAnna Nickols v. Gary Morris

419 F. App'x 534 · Court of Appeals for the Fifth Circuit · Mar 24, 2011

Moreover, the district court did not abuse its discretion by denying Nickols’s discovery requests prior to resolving the qualified immunity issue. See Heitschmidt v. … right was clearly established at the time of the alleged misconduct.

4 Fair empl.prac.cas. 197, 4 Empl. Prac. Dec. P 7657 Anthony T. Lee, United States of America, Plaintiff-Intervenor and Amicus Curiae, National Education Association, Inc., Plaintiff-Intervenor-Appellant v. MacOn County Board of Education, (Muscle Shoals School System)

453 F.2d 1104 · Court of Appeals for the Fifth Circuit · Dec 28, 1971

In order to establish that a former principal was not "qualified," and therefore not within the protective penumbra of Singleton, a school board would have to establish the principal's lack of "qualification" by means of … And in order to fulfill that burden the board would have to establish quite clearly why one who was qualified prior to a desegregation order suddenly became unqualified after the order. 16 In attempting to fulfill this burden

Gamza v. Aguirre

619 F.2d 449 · Court of Appeals for the Fifth Circuit · Jun 19, 1980

Because the evidence does not establish a deprivation of federal constitutional rights, we reverse. I. … The constitutional right established in Reynolds v. Sims, however, is not absolute and is properly limited by respect for the political and federal framework established by the Constitution.

Landor v. Louisiana Dept of Corr

Court of Appeals for the Fifth Circuit · Feb 6, 2024

‘Appropriate relief’ does not so clearly and unambiguously waive sovereign immunity to private suits for damages that we can be certain that the State in fact consents to such a suit.” Id. at 285–86 (cleaned up). … Individuals, by contrast, do not enjoy sovereign immunity.

Ham v. Brice

203 F. App'x 631 · Court of Appeals for the Fifth Circuit · Oct 25, 2006

B. § 1983 Claim Against Tucker Qualified immunity shields police officers from suit “unless their conduct violates a clearly established constitutional right.” Mace v. … The Court in Brosseau emphasized that the qualified immunity inquiry “must be undertaken in light of the specific context of the case.” 543 U.S. at 198.

Michael J. Knotts and Beverly Gail Knotts, Cross-Appellees v. United States of America, Cross-Appellant

893 F.2d 758 · Court of Appeals for the Fifth Circuit · Mar 12, 1990

Knotts and the United States, we indicated, albeit tacitly, our rejection of the United States’ claim of immunity. … The trial court’s decision to give greater weight to the evidence of the United States was not clearly erroneous.

D.C. Wheeler and John Thedford Sims v. Cosden Oil and Chemical Co.

734 F.2d 254 · Court of Appeals for the Fifth Circuit · Oct 25, 1984

As Justice Marshall noted, “The absence of any immunity in such cases at common law should alone undermine any claim to absolute immunity under § 1983. … Briscoe does not create immunity where none existed before; it merely rejects the notion that § 1983 abolishes for police officers that testimonial immunity which exists at common law.

Whitaker v. Harvell-Kilgore Corp.

418 F.2d 1010 · Court of Appeals for the Fifth Circuit · Dec 3, 1969

It was essential that the Government supervise closely the expenditures made and the specifications and standards established by it. … On this reasoning Kilgore claims sovereign immunity. However, this position by this outside supplier is untenable. Kilgore was clearly an independent contractor and is not entitled to sovereign immunity.

Reginald Johnson v. Clare Crook

565 F. App'x 287 · Court of Appeals for the Fifth Circuit · Apr 22, 2014

The Law of Qualified Immunity Appellants assert qualified immunity. Importantly, Appellees bear the burden of demonstrating that Appellants are not entitled to qualified immunity. Pierce v. … Whether Appellants Are Entitled to Qualified Immunity We first consider whether warrants, which were based on affidavits which included the omitted information identified by the district court, would have established

United States v. Griffith

118 F.3d 318 · Court of Appeals for the Fifth Circuit · Jul 17, 1997

At worst, the district court committed a technical error by failing to state that Nave was qualified as an expert and by not requiring the government to establish her credentials at the start of her … Nave was clearly qualified; that her credentials were established after she began her substantive testimony, rather than at its outset, did not affect Griffith’s substantial rights.

Jebaco, Inc. v. Harrah's Operating Co., Inc.

587 F.3d 314 · Court of Appeals for the Fifth Circuit · Oct 30, 2009

Consequently, the law “strictly” regulates “persons, locations, practices, associations, and activities related to the operation of licensed and qualified gaming establishments,” id., by requiring permitting, licensing, and … Antitrust injury must be established for the plaintiff to have standing under section 1 or section 2 of the Sherman Act.

Guillot v. Russell

59 F.4th 743 · Court of Appeals for the Fifth Circuit · Feb 10, 2023

App’x 334 (5th Cir. 2013) (per curiam), which is inapposite in that it analyzes whether a warden sued in his individual capacity was entitled to qualified immunity. 4 Second, Guillot posits that Johnson is … Gusman, 14 Additionally, even if defendants can be sued in their individual capacities, qualified immunity would likely bar suit.

Sullivan v. Rowan Companies, Inc.

952 F.2d 141 · Court of Appeals for the Fifth Circuit · Jan 31, 1992

Lack of a warning, standing alone, does not establish all of the elements necessary to prevail on this claim. … The district court’s findings of fact are not clearly erroneous. We find no error in its holding for Sears on the cross-claim. E.

Youn J. Lee v. Alberto R. Gonzales Nuria Prendes, Field Officer in Charge of Detention and Removal, Bureau of Immigration and Customs Enforcement

410 F.3d 778 · Court of Appeals for the Fifth Circuit · Aug 4, 2005

could find that the District Court lacked jurisdiction to entertain the Chmakovs’ habeas petition, we would have to be satisfied both that there was another avenue for review of the BIA’s decision and that Congress had clearly … Our review in such a case would be similar to the manner in which this court decides questions of qualified immunity on interlocutory appeal: if the court can determine as a matter of law whether immunity shields the official

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

Jackson v. City of Killeen

654 F.2d 1181 · Court of Appeals for the Fifth Circuit · Sep 4, 1981

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. … racial discrimination, the reviewing court must make an independent determination of the ultimate fact issue of discrimination, although it is bound by the district court’s findings of subsidiary fact that are not themselves clearly

Planned Parenthood of Grt TX v. Courtney Ph

981 F.3d 347 · Court of Appeals for the Fifth Circuit · Nov 23, 2020

The most natural reading of § 1396a(a)(23) is that it is up to the provider to establish that it is both “qualified” and willing to provide the services. … In truth, O’Bannon clearly affirms Medicaid recipients’ right to choose their qualified, willing providers free from unlawful government interference.

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. .