Case law

Earles v. State Bd of CPAs

Court of Appeals for the Fifth Circuit · Sep 10, 1998

executive departments have such immunity). … So long as the Board is acting within its authority and pursuant to a clearly established state policy, there is no need for active supervision of the exercise of properly delegated authority.

Ryan Wolfe v. James Meziere

566 F. App'x 353 · Court of Appeals for the Fifth Circuit · May 2, 2014

Therefore, Appellant argues, Appellees are not entitled to qualified immunity. We disagree. “[T]he usual summary judgment burden of proof is altered in the case of a qualified immunity defense. . . . … that the officer’s allegedly wrongful conduct violated clearly established law.” 1 In this case, therefore, Appellant “bears the burden of negating the defense and cannot rest on conclusory allegations and assertions but

Belle Co. v. United States Army Corps of Engineers

761 F.3d 383 · Court of Appeals for the Fifth Circuit · Jul 30, 2014

Thus, Belle must prove that the government waived its immunity. … immunity under APA’s final-agency-action requirement); see also Smart v.

Thomas v. Bruss

Court of Appeals for the Fifth Circuit · Sep 2, 2026

Per Curiam: This concerns qualified immunity (“QI”) for bystander government officers. … lia- bility in that situation and cannot establish clearly controlling law here.

Paz v. Brush Engineered Materials, Inc.

555 F.3d 383 · Court of Appeals for the Fifth Circuit · Jan 14, 2009

“‘A trial court abuses its discretion when its ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence.’” Knight v. … The evidence clearly establishes excessive exposure to beryllium provokes a physical change in the body, causing BeS, and both parties’ experts agree this takes place.21 That there is a change, however, is not relevant for

United States v. City of Miami

614 F.2d 1322 · Court of Appeals for the Fifth Circuit · Apr 10, 1980

(a) Hiring In order to achieve this long term goal, subject to the availability of qualified applicants, the following recruitment and hiring goals shall be established for blacks, Latins and women (blacks and Latins are … (b) Promotion Subject to the availability of qualified applicants, promotional goals shall be established for minorities, on a department basis, with each department having as its yearly goal, until the long term goal has

Pinckney v. Love, Jr. v. M. W. Sessions, Former Superintendent of the Burke County Board of Education, Etc.

568 F.2d 357 · Court of Appeals for the Fifth Circuit · Feb 21, 1978

official immunity, the school board’s good faith would be a defense to the damages claim; and (iv) the District Court failed to instruct the jury that “proof of the charges founding the nonrenewal would constitute a complete … These instructions do not clearly distinguish between Love’s First Amendment claim and his due process claim.

Frank F. And Judith J. Foil v. Commissioner of Internal Revenue

920 F.2d 1196 · Court of Appeals for the Fifth Circuit · Dec 26, 1990

Section 457(b) clearly defines the prerequisites of an eligible plan without in any way excluding funded plans from the application of § 457. … Paragraph (1) is clearly referring to paragraph (1) of § 457(e) which introduces the reader to the treatment of ineligible plans.

Cooper v. McBeath

11 F.3d 547 · Court of Appeals for the Fifth Circuit · Jan 13, 1994

established Bexar County Enterprises, Inc. ("BCE"), a Tennessee corporation wholly owned by Wilson and Cooper. … In that case, the city of Jacksonville, Florida had enacted an ordinance establishing minority set-asides for city contracts.

Irwin v. Santiago

Court of Appeals for the Fifth Circuit · Oct 21, 2021

However, the court also held that there was no law clearly establishing that the officers’ conduct was objectively unreasonable, and therefore the officers were entitled to qualified immunity. … A defendant is entitled to qualified immunity if his conduct did not violate a right that was clearly established at the time. Anderson v. Creighton, 483 U.S. 635, 639 (1987).

Gardner v. Luckey

500 F.2d 712 · Court of Appeals for the Fifth Circuit · Sep 16, 1974

The Supreme Court held that none of the named plaintiffs had alleged enough to establish a case or controversy with the defendants. … Hurt, 489 F.2d 786 (CA7, 1973) (it is at least arguable that the public defender acts under color of law, but he enjoys qualified immunity against damage suits).

Herrera v. Acevedo

Court of Appeals for the Fifth Circuit · Dec 9, 2022

We have clearly established law on preventing arrest without probable cause and arrest for the purpose of chilling protected speech.” … clearly established statutory or constitutional rights of which a reasonable person would have known.’”

Hunt v. Tomplait

301 F. App'x 355 · Court of Appeals for the Fifth Circuit · Dec 8, 2008

No. 08-40491 judgment on the grounds of qualified immunity. We affirm the district court’s order holding that Appellants are not entitled to qualified immunity. I. … “First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.

Bisetti v. McMorrow

Court of Appeals for the Fifth Circuit · Jul 10, 2023

immunity.”). … After all, the right to be “free from police arrest without a good faith showing of probable cause” is clearly established. Winfrey v. Rogers, 901 F.3d 483, 494 (5th Cir. 2018); Franks v.

United States v. Barry Kendall Hogan, and Mark Bradford Hogan

763 F.2d 697 · Court of Appeals for the Fifth Circuit · Aug 29, 1985

The remaining evidence does not so overwhelmingly establish guilt that we could say the error is harmless under Fed.R.Crim.P. 52(a). The convictions of the Hogans must be reversed. … Because Rummel neither signed, read, nor heard the entire document, these notes fail to qualify as a statement under subsection (e)(1).

Kenneth O. Gasper v. Louisiana Stadium and Exposition District, American Lung Association of Louisiana, Intervenor

577 F.2d 897 · Court of Appeals for the Fifth Circuit · Aug 1, 1978

We affirm. 2 The reported opinion clearly indicates that the District Court was well aware of the limitations applicable to dismissals under Rule 12(b)(6). … Also, most pertinent hereto is the principle of law established by the Supreme Court in the leading case of Conley v.

Cyrus R. Ware v. United States

626 F.2d 1278 · Court of Appeals for the Fifth Circuit · Oct 2, 1980

of the immunity rule. … The court stated that a Tucker Act claim may not be appended to a F.T.C.A. claim to avoid the well established requirement of a waiver of sovereign immunity. Both Roman v.

Lewis v. Inocencio

Court of Appeals for the Fifth Circuit · Jan 22, 2024

ANALYSIS “The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established statutory or constitutional rights of … established at the time of the shooting, the officers are not entitled to qualified immunity at this stage.

In re Burlington Northern, Inc.

822 F.2d 518 · Court of Appeals for the Fifth Circuit · Jul 14, 1987

The court’s holding was that Noerr-Pennington “provides immunity only for the narrow petitioning activity,” id. at 1265, and that this immunity does not provide “overall immunity” to other violations, id. at 1263. … The railroads also claim that the district court cannot conclude the window lawsuits defense was a sham because the special master made factual findings to the contrary that were not clearly erroneous.

Texas Commerce Bank National Ass'n v. Florida

138 F.3d 179 · Court of Appeals for the Fifth Circuit · Apr 9, 1998

Contrary to TCB’s contentions, however, the Supreme Court in Chick Kam Choo emphasized that claims must be actually litigated in federal court to qualify for the relitigation exception. … SOVEREIGN IMMUNITY The State of Florida contends that it is entitled to Eleventh Amendment immunity from TCB’s proposed injunction.