Case law

National Ass'n for the Advancement of Colored People v. Gallion

290 F.2d 337 · Court of Appeals for the Fifth Circuit · May 15, 1961

The NAACP then answered and admitted it had carried on activities and had established an office in Alabama. It denied that it was required to qualify as a foreign corporation but offered, if permitted, to do so. … The NAACP, in addition to asserting a constitutional immunity from disclosing the names of its members, attempted to challenge the validity of the restraining order.

Stevie Don Jackson v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

217 F.3d 360 · Court of Appeals for the Fifth Circuit · Aug 21, 2000

I Implicit Wavier of Teague by the State The retroactivity principle established by the Supreme Court in Teague v. … College Savings Bank, 527 U.S. 627 , 119 S.Ct. 2199, 2204 , 144 L.Ed.2d 575 (noting the ability of states to waive Eleventh Amendment immunity). 12 . 510 U.S. at 389 , 114 S.Ct. 948 . 13 .

James R. Foley and G. Larry Morgan v. The Alabama State Bar Board of Commissioners of the Alabama State Bar

648 F.2d 355 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

We believe the district court was correct in finding that the plaintiffs failed to carry their burden of establishing these four prerequisites to injunctive relief. … Although some portions of the advertisements at issue are clearly within the category of routine legal services, with respect to which the Supreme Court in Bates has held that truthful advertising cannot be restrained, other

Florida Nursing Home Association v. William Page, Jr., the Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Golden Isles Convalescent Center, Inc. v. William Page, Jr., the Department of Health, Education and Welfare and Patricia Roberts Harris, Secretary of Health, Education and Welfare, Golden Isles Convalescent Center, Inc., D/B/A Hallandale Rehabilitation Center, Etc. v. Patricia Roberts Harris, Individually and as Secretary of the Department of Health, Education and Welfare, William J. Page, Jr., Individually and as Secretary of the Department of Health and Rehabilitative Services of the State of Florida, Defendants

616 F.2d 1355 · Court of Appeals for the Fifth Circuit · May 16, 1980

9 an unconsenting state is immune from suits brought in federal court by her own citizens. … The Alabama court in invalidating the administrative regulation insofar as it set an effective date other than July 1, 1976 for implementing a reimbursement plan based on a reasonable cost basis found it to be clearly inconsistent

Gosby v. Apache Industrial

30 F.4th 523 · Court of Appeals for the Fifth Circuit · Apr 8, 2022

That requires an employee to establish (1) she is disabled within 3  No. 21-40406 the meaning of the ADA, (2) she was qualified for the job, and … Gosby did not argue she was “clearly better qualified than similarly situated employees” but claimed that Apache used criteria for selecting those to be terminated that allowed her disability to be considered.

Duhon v. Union Pacific Resources Co.

Court of Appeals for the Fifth Circuit · Jan 19, 1995

In this case, Union Pacific clearly should be treated as a domiciliary of Texas. … Under Louisiana law, UPRC qualifies as Duhon's statutory employer and could have been forced to pay worker's compensation benefits to him had Grey Wolf failed to do so.

Columbia Gas Development Corp. v. Federal Energy Regulatory Commission, Pogo Producing Co. v. Federal Energy Regulatory Commission

651 F.2d 1146 · Court of Appeals for the Fifth Circuit · Jul 31, 1981

Larionoff, 431 U.S. 864, 872 , 97 S.Ct. 2150, 2155 , 53 L.Ed.2d 48 (1977), clearly unreasonable, Homan & Crimen, Inc. v. … The establishment of ceilings, including the establishment of a particular ceiling among a choice of applicable ceilings, does not constitute authority to collect the ceiling price. See Pennzoil, 645 F.2d at 379-80 .

Kelly v. Sheriff's Department

113 F. App'x 582 · Court of Appeals for the Fifth Circuit · Oct 18, 2004

Government officials performing discretionary functions are protected from civil liability under the doctrine of qualified immunity if their conduct violates no “clearly established statutory … right, and in thus granting summary judgment based on Gresham’s qualified immunity.

Dearmore v. City of Garland

519 F.3d 517 · Court of Appeals for the Fifth Circuit · Mar 10, 2008

Under these facts, this Court had no need to choose between the tests of the other circuits because the plaintiffs clearly failed to qualify under any of them. See id. at 741. … In its order, the district court clearly informed the City that certain provisions of its Ordinance violated the Fourth Amendment, stating: Inspections and searches of unoccupied property would clearly infringe

Cordell Davis v. City of Fort Worth

Court of Appeals for the Fifth Circuit · Feb 3, 2015

Qualified Immunity from Excessive Force Claim Appellants contend that the district court erred in granting Romer summary judgment based on his defense of qualified immunity. … the defendant’s behavior was objectively reasonable under clearly established law at the time the conduct occurred.”

Johnson v. Housing Authority of Jefferson Parish

442 F.3d 356 · Court of Appeals for the Fifth Circuit · Mar 6, 2006

The intent to benefit tenants is undeniable.”27 The Court expressly determined that “the benefits Congress intended to confer on tenants are sufficiently specific and definite to qualify as enforceable rights under Pennhurst … language could not be clearer in providing for “the monthly assistance payment for a family receiving assistance.”34 Still, the Housing Authority argues in its appellate brief that Congress did not so clearly

Willis v. Coca Cola Enterprises, Inc.

445 F.3d 413 · Court of Appeals for the Fifth Circuit · Mar 31, 2006

Thus, Defendant was clearly on notice that Plaintiff might qualify for FMLA benefits since Defendant triggered Plaintiff’s leave. … To establish a prima facie case, the plaintiff must show that “(1) she is a member of a protected class, (2) she was qualified for her position, (3) she suffered an adverse employment action, and (4) others similarly situated

Brown v. Sudduth

675 F.3d 472 · Court of Appeals for the Fifth Circuit · Mar 16, 2012

Brown’s contention that the district court erred in presenting the issue of qualified immunity to the jury is meritless. … A jury may be given the issue of qualified immunity if that defense was not resolved on summary judgment. Melear v. Spears, 862 F.2d 1177, 1184 (5th Cir.1989).

Universal Amusement Company, Inc. v. Carol Vance, State of Texas, Richard C. Dexter v. Ted Butler, District Attorney of Bexar County, Texas, Defendants- Southland Theatres, Inc. v. Ted Butler, District Attorney of Bexar County, Texas, Defendants

559 F.2d 1286 · Court of Appeals for the Fifth Circuit · Sep 28, 1977

establishments among the few "common nuisances" clearly subject to abatement under article 4666. … Pachtman, 424 U.S. 409 , 96 S.Ct. 984 , 47 L.Ed.2d 128 (1976), as well as the qualified, good-faith immunity possessed by other government officials, see Wood v.

Doe v. Prairie View

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

The district court dismissed those claims, holding that each defendant was entitled to qualified immunity. We agree. … And Doe cites no case clearly establishing that such participation violates Title IX. That leaves Hernandez and Ransom.

Terrebonne Parish School Board v. Mobil Oil Corp.

310 F.3d 870 · Court of Appeals for the Fifth Circuit · Nov 13, 2002

Accordingly, such suits receive the benefit of the immunity from prescription. Id. … Mere allegation or innuendo is insufficient to establish an exception to prescription under Louisiana law.

3 Fair empl.prac.cas. 862, 4 Fair empl.prac.cas. 2, 3 Empl. Prac. Dec. P 8324 United States of America, Plaintiff-Appellant-Cross v. Jacksonville Terminal Company, Defendant-Appellee-Cross the Brotherhood of Railroad Trainmen

451 F.2d 418 · Court of Appeals for the Fifth Circuit · Nov 18, 1971

To clearly establish its right to injunctive relief, the District Judge later wrote, the Government was required: 3 (a) to prove that defendants had committed specific acts and practices of racial discrimination in employment … In the instant case, neither the Terminal nor the Unions have justified immunity to remedial relief.

Jenkins v. Inocencio

Court of Appeals for the Fifth Circuit · Jun 4, 2026

Discussion On appeal, Inocencio contends that he is entitled to qualified immunity. … immunity “unless the plaintiff[] ha[s] alleged facts sufficient to plausibly show that (1) the defendant’s conduct violated a constitutional right and (2) the constitutional right was clearly established at the time of the

In the Matter of Samuels & Co., Inc., Bankrupt. Curtis R. Stowers v. James S. Mahon, Trustee, and C.I.T. Corporation

510 F.2d 139 · Court of Appeals for the Fifth Circuit · May 19, 1975

as a good faith purchaser of the cattle and is therefore immune to the sellers’ claims of non-payment. … The third question is whether C.I.T. qualifies as a good faith purchaser.

Brooks v. George County, MS

77 F.3d 834 · Court of Appeals for the Fifth Circuit · Jun 3, 1996

Sheriff Howell's Qualified Immunity We now consider whether Sheriff Howell is qualifiedly immune from liability in his individual capacity. … Sheriff Howell thus is not entitled to qualified immunity from individual liability on this due process claim. c.