Case law

Victor v. McElveen

150 F.3d 451 · Court of Appeals for the Fifth Circuit · Aug 6, 1998

The sheriff moved for summary judgment 135 denying Victor’s claims and sustaining his defense of qualified 136 immunity. … The district court did not rule on 146 Sheriff McElveen’s defense of qualified immunity. 147 Victor appeals from the district court’s decision that his 148 First Amendment rights were not violated.

Vincent Fusilier v. Piyush Jindal

Court of Appeals for the Fifth Circuit · Jun 30, 2020

Legislative decisions are, of course, not immune from review. … Likewise, we conclude that the district court clearly erred in its finding of discriminatory intent.

F. Ray Marshall, Secretary of Labor, United States Department of Labor v. Sundial Associates, Ltd.

588 F.2d 120 · Court of Appeals for the Fifth Circuit · Jan 17, 1979

When the proper legal standard is applied to this case it is clear that SRP cannot qualify as a separate establishment. … There remains the question of whether the Sundial Project, as a single establishment, may qualify under the hotel exemption.

David Johnson v. Christopher Epps

479 F. App'x 583 · Court of Appeals for the Fifth Circuit · Jun 21, 2012

“This court reviews de novo the district court’s resolution of legal issues on a motion for summary judgment on the basis of qualified immunity.”28 Any immunity would apply only to the claims for damages, as qualified immunity … in its qualified immunity analysis.

Nancy Royal v. John Spragins

575 F. App'x 300 · Court of Appeals for the Fifth Circuit · Jul 11, 2014

The officers subsequently moved for summary judgment, alleging qualified immunity, and Royal filed a response. … We apply a two-step analysis to decide whether a defendant is entitled to summary judgment on the basis of qualified immunity.

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).

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.

United States v. Vincent B. Giardina

861 F.2d 1334 · Court of Appeals for the Fifth Circuit · Dec 6, 1988

Giardina maintains that he was not committed and that Charity Hospital of New Orleans does not qualify as a mental institution. We find merit in the first contention; we do not reach the second. … A review of Louisiana’s admission by emergency certificate procedure reflects its magnitude, but it also clearly reflects that this procedure does not constitute a commitment under Louisiana law.

Estate of Steven Everett Shaw v. Nicolas Si

366 F. App'x 522 · Court of Appeals for the Fifth Circuit · Feb 18, 2010

The defendants moved for summary judgment on the grounds that they were entitled to qualified immunity. … under clearly established law.

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.’”

Helen OLAFSON, Plaintiff-Appellant, v. the DADE COUNTY SCHOOL BOARD, Et Al., Defendants-Appellees

651 F.2d 393 · Court of Appeals for the Fifth Circuit · Jul 24, 1981

Green, 411 U.S. 792 , 93 S.Ct. 1817 , 36 L.Ed.2d 668 (1973), and that the plaintiff’s success in establishing a prima facie case required the defendants to “respond with enough evidence to ‘articulate some legitimate, nondiseriminatory … — was not clearly erroneous.

Christophersen v. Allied-Signal Corp.

939 F.2d 1106 · Court of Appeals for the Fifth Circuit · Aug 15, 1991

Miller’s experience with cancer occurred during his residency when he assisted in a study of the immune system as affected by smoking and asbestos. Dr. … Defendants’ experts agreed, but went a step further; they stated that the determination of the pathogenesis of a particular type of cancer requires clearly positive results from one or more of these types of testing.

Steven Carl Fruge and Penny Stelly Fruge v. Penrod Drilling Co.

918 F.2d 1163 · Court of Appeals for the Fifth Circuit · Dec 10, 1990

Clearly, this task required no special skill. Anyone on the rig could have placed the pin into the shackle. … Fruge points to two cases subsequent to Scindia that carve out exceptions to its broad pronouncements of immunity on the part of the vessel owner. See Masinter v.

Spacil v. Crowe

489 F.2d 614 · Court of Appeals for the Fifth Circuit · Feb 13, 1974

In conformity with established procedures, 2 members of the Legal Adviser's Office of the State Department heard arguments on behalf of the parties. … This is clearly broad enough to cover the State Department. See Rusk v. Cort, 1962, 369 U.S. 367, 375 , 82 S.Ct. 787 , 7 L.Ed.2d 809 .

Mary GLASS, Plaintiff-Appellee, v. PETRO-TEX CHEMICAL CORP., Defendant-Appellant

757 F.2d 1554 · Court of Appeals for the Fifth Circuit · Apr 22, 1985

Glass for promotion to Paymaster on the occasions of the three vacancies, although she was well qualified to receive the promotion. … Without detailed discussion, we will simply state that this finding is far from clearly erroneous. 2 .

James W. LINDSEY, Plaintiff-Appellant, v. SOUTHWESTERN BELL TELEPHONE COMPANY, Defendant-Appellee

546 F.2d 1123 · Court of Appeals for the Fifth Circuit · Feb 9, 1977

Lindsey’s statistical evidence is therefore insufficient to establish a prima facie case of age discrimination. Second, Lindsey did not prove that he was qualified for the job he applied for. … Plaintiff’s attitude was a reason why he had not been promoted, which fact was admitted by Plaintiff. *1125 These findings are not “clearly erroneous”. Fed.R.Civ.P. 52(a).

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.

Rippstein v. Barr

261 F. App'x 641 · Court of Appeals for the Fifth Circuit · Dec 21, 2007

The majority reached the right result in granting qualified immunity to the defendant. I disagree with the district court opinion adopted by the majority in two respects. … were not clearly established at the time of the violation.

Ann Marie Lindsey v. Prive Corporation, D/B/A Cabaret Royale, Linda York v. Prive Corporation, D/B/A Cabaret Royale

987 F.2d 324 · Court of Appeals for the Fifth Circuit · May 21, 1993

This result is clearly at odds with the mandate of McDonnell Douglas that a plaintiff be afforded a full and fair opportunity to demonstrate that the stated reason for rejection was in fact pretext. 11 Cabaret Royale invites … This clearly is a legitimate business reason for discharge.

Empower Texans, Incorporated v. Charlie Ger

977 F.3d 367 · Court of Appeals for the Fifth Circuit · Oct 5, 2020

Geren filed a motion to dismiss based on legislative immunity. On May 23, the district court granted Geren’s motion to dismiss. … We do not interpret Laurenzo to have established a calendar for evading review, in which a claimed injury that will last no more than a year will evade review.