Case law

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

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. .

Armstrong v. Price

190 F. App'x 350 · Court of Appeals for the Fifth Circuit · Jun 28, 2006

“clearly established statutory or constitutional rights of which a reasonable person would have known.” … “If the allegations do not establish the violation of a constitutional right, the officer is entitled to qualified immunity. . . .

25 Fair empl.prac.cas. 1262, 26 Empl. Prac. Dec. P 31,856

644 F.2d 1112 · Court of Appeals for the Fifth Circuit · May 14, 1981

We have held that the immunity created by section 703(h) extends not only to Title VII actions, but also bars section 1981 claims. Pettway v. … We therefore hold that the Bessemer system cannot qualify for the immunity extended by section 703(h) of Title VII only to those seniority systems created and maintained without intention to discriminate. 42 U.S.C. § 2000e

Bailey T. Debardeleben and Richard Egan, Surviving Trustees of Debardeleben Employee's Retirement Plan v. Marcellus M. Cummings

453 F.2d 320 · Court of Appeals for the Fifth Circuit · Jan 3, 1972

Our analysis centers on the dissolved DeBardeleben Marine Corporation (formerly Coyle Lines) employee retirement plan and pension fund, established on July 1, 1956 and geared to qualify for the favorable tax treatment afforded … Even more significantly, however, as clearly revealed by the letter notifica *326 tion of termination (App. 109-110), it was the claimed overpayment to Henry DeBardeleben that resulted in termination of the plan’s qualified

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.

State of Texas v. City of Houston

625 F. App'x 670 · Court of Appeals for the Fifth Circuit · Sep 10, 2015

immunity against claims brought under 42 U.S.C. § 1983, meaning that “they ‘generally are shielded from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional … right, and (2) that the right was ‘clearly established’ at the time of the challenged conduct.” 9 We have discretion to decide “which of the two prongs of the qualified immunity analysis should be addressed first in light

Midland Telecasting Company v. Midessa Television Company, Inc.

617 F.2d 1141 · Court of Appeals for the Fifth Circuit · Jun 25, 1980

The allegations in this case are clearly sufficient to afford Midland standing. … None of the restrictions established by the 1966 Rules was applicable to *1147 Midland’s signal.

United States v. Cantu

185 F.3d 298 · Court of Appeals for the Fifth Circuit · Aug 11, 1999

The defendant bears the burden of demonstrating the underlying facts that establish the breach by a preponderance of the evidence. United States v. Wittie, 25 F.3d 250, 262 (5th Cir. 1994). … Finally, the record clearly indicates that the jury acquitted Cantu on count one. Any variation which may have occurred with respect to that count had no bearing on Cantu’s conviction for conspiracy under count two.

Bernabe v. Rosenbaum

Court of Appeals for the Fifth Circuit · Jan 13, 2023

The qualified-immunity proceedings began after that judgment.) It is more than well-established that a summary judgment is reviewed de novo. E.g., Hyatt v. Thomas, 843 F.3d 172, 176 (5th Cir. 2016). … “[T]he qualified-immunity inquiry has two prongs: (1) whether an official’s conduct violated a constitutional [or statutory] right of the plaintiff, and (2) whether that right was clearly established at the time of

Louisiana Ex Rel. Caldwell v. Allstate Insurance

536 F.3d 418 · Court of Appeals for the Fifth Circuit · Jul 18, 2008

Further, Louisiana contends that this court cannot hold that it constructively consents to or waives its Eleventh Amendment immunity because the Supreme Court has established that a state can only waive such immunity by express … The Eleventh Amendment confirmed rather than established sovereign immunity as a constitutional principle; it follows that the scope of the State’s immunity from suit is demarcated not by the text of the Amendment alone but

Mississippi Power & Light Company v. United Gas Pipe Line Company, State of Mississippi, Plaintiff-Intervenor

532 F.2d 412 · Court of Appeals for the Fifth Circuit · May 27, 1976

Finally, the Commission could clearly articulate whether in its view the presence or absence of damages significantly affects the allocation decision. … We believe it would be beneficial for the Commission to address the issue of contract liability in a proceeding where the damage action was clearly before it.

Martin v. Miller

65 F.3d 434 · Court of Appeals for the Fifth Circuit · Sep 18, 1995

I A We should establish at the outset what this particular libel is and what it is not. … Clearly, Martin's double wage claim is within this broad waiver of sovereign immunity.

D & J Invst of Cenla v. Baker Hughes

52 F.4th 187 · Court of Appeals for the Fifth Circuit · Oct 17, 2022

making the decision to certify under Rule 54(b), “the district court must consider judicial administrative interests as well as the equities involved.” 11 “So long as the district court’s certification is not ‘clearly … These bases for certification were not clearly unreasonable.

United States v. Jackson

625 F.3d 875 · Court of Appeals for the Fifth Circuit · Nov 8, 2010

In its closing argument in this case, the government clearly relied on the drug ledgers provided to Officer Hight by Arturo Valdez. … affairs and not for the purpose of establishing or proving some fact at trial — they are not testimonial.”

Ward v. Kelly

515 F.2d 908 · Court of Appeals for the Fifth Circuit · Jul 11, 1975

In 1969 this court ordered the Yazoo City Municipal Separate School District to establish a unitary school system. See United States v. Hinds Cty. … That action clearly violated Singleton’s requirement that the district give Ward the right of first refusal for a position for which he is qualified. 8 Thus Singleton entitles Ward to reinstatement as an elementary science

Wilder v. Cockrell

274 F.3d 255 · Court of Appeals for the Fifth Circuit · Nov 26, 2001

Wilder maintained both at trial and on direct appeal that Furr’s statement qualified as a hearsay exception. … (a) [T]he application contains sufficient specific facts establishing that: ...

Estate of C.A. v. Terry Grier

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Individual Defendants’ Qualified Immunity State actors sued in their individual capacity under § 1983 are entitled to qualified immunity “insofar as their conduct does not violate clearly established statutory or constitutional … Even if they did, their arguments would fail under the qualified immunity test’s second requirement that the constitutional violation be “clearly established.” A.

Vanhoy v. United States

514 F.3d 447 · Court of Appeals for the Fifth Circuit · Jan 17, 2008

Heym 29 an FTCA case in which the government requested that a damages award take the form of a judicially established trust for the victim’s benefit. … The relaxation of sovereign immunity is peculiarly a matter of legislative concern, responsibility and policy.

Rose Walter v. Horseshoe Casino & Hotel

483 F. App'x 884 · Court of Appeals for the Fifth Circuit · Jun 6, 2012

Bonner, 45 F.3d 90, 95 (5th Cir. 1995), “[i]f conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Pearson v. … The law is not established in this circuit, however, as to whether private entities such as these are entitled to the protections of qualified immunity.