Case law

Richard Wayne Trautman v. Buck Steber, Inc., United States of America

693 F.2d 440 · Court of Appeals for the Fifth Circuit · Dec 6, 1982

The change in orders for the work on the Mecca was done through contract renegotiation and did not amount to the type of control necessary to establish Steber as an agent of the United States. … In addition, the designation of Steber personnel as members of the “Force” was simply to provide them immunity from Egyptian criminal law.

Margaret S. Rodriguez v. Donald E. Ritchey

556 F.2d 1185 · Court of Appeals for the Fifth Circuit · Aug 3, 1977

The third question — qualified immunity — requires a careful analysis of the. rec *1201 ord against the backdrop of recent Supreme Court pronouncements. … The immunity of governmental agents must not be automatic and self-anointed. All of the facts are not yet clear.

Stephen Gilbert v. Steven French

364 F. App'x 76 · Court of Appeals for the Fifth Circuit · Feb 2, 2010

as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “[I]f a violation could be made out on a favorable view of the parties’ submissions, the next, sequential step is to ask whether the right was clearly established.” Id.

Bacque Ex Rel. Bacque v. Leger

207 F. App'x 374 · Court of Appeals for the Fifth Circuit · Nov 9, 2006

Consequently, Plaintiffs were required to demonstrate genuine issues of material fact that, if believed, established that the officers used deadly force clearly excessive to the need to restrain Ken Bacque. … immunity. 3  Each qualified immunity case must be analyzed according to its peculiar facts.

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.”

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.

Cloverleaf Butter Co. v. Patterson

116 F.2d 227 · Court of Appeals for the Fifth Circuit · Dec 14, 1940

Nothing in the act, the regulations, or the practices under the act, purport to expressly grant to plaintiff immunity from state seizure of food products which in the opinion of state officers, are filthy or deleterious in … The claim in short is, that the fact of its non-seizure by the federal inspectors is in effect, a certificate or finding that the articles are non-seizable and therefore immune from state seizure.

Burdines, Inc. v. Pan-Atlantic Steamship Corp.

199 F.2d 571 · Court of Appeals for the Fifth Circuit · Nov 12, 1952

It is a well established general rule that when a contract is partly printed and partly written, the writing controls. This rule extends to the use of a rubber stamp as a means of writing. N. Y. Life Ins. Co. v. … The one year limitation prescribed by the statute clearly controls. Standard Oil Co. of Cal. v. United States, D.C., 59 F.Supp. 100 , affirmed 9 Cir., 156 F.2d 312 ; The Vale Royal, D.C., 51 F.Supp. 412, 424 .

Lifecare Hospitals, Inc. v. Health Plus of Louisiana, Inc.

418 F.3d 436 · Court of Appeals for the Fifth Circuit · Jul 20, 2005

Under the plan, Cust om-Bilt established a group health plan for its employees and their dependents and Health Plus, through its contracted physicians and hospitals, arranged for medical services to be provided to Custom-Bilt … He was hospitalized at the Willis-Knighton Medical Center and later diagnosed with Guillain-Barré Syndrome, a life-threatening disorder, considered a medical-emergency, in which the body’s immune system attacks part of

United States v. John Q. Wood

295 F.2d 772 · Court of Appeals for the Fifth Circuit · Nov 30, 1961

No person is immune from prosecution in good faith for his alleged criminal acts. … Rather, it stated that, “No person is immune from prosecution in good faith for his alleged criminal acts.

Valentine v. Collier

993 F.3d 270 · Court of Appeals for the Fifth Circuit · Mar 26, 2021

We have held that TDCJ is an arm of the state of Texas and thus entitled to sovereign immunity. 11 Nevertheless, Title II of the ADA validly abrogates state sovereign immunity when the state’s conduct actually violates … There is no question that the mobility-impaired subclass has a qualifying disability under the first prong.

Rusanowsky v. City of Dallas

Court of Appeals for the Fifth Circuit · Mar 19, 2025

But our approach changes in qualified-immunity cases.6 A public official’s “good-faith assertion of qualified immunity,” “alters the usual _____________________ 4 In a later motion for summary judgment … VI Rusanowsky failed to raise genuine disputes of fact as to whether Sergeant Rudloff was entitled to qualified immunity.

C. G. Gomillion v. Phil M. Lightfoot, as Mayor of the City of Tuskegee

270 F.2d 594 · Court of Appeals for the Fifth Circuit · Sep 15, 1959

In a leading Florida case it is stated: “The existence of the power [of a State legislature to establish, alter, extend, or contract municipal boundaries] is freely conceded. … They and all of them, but none others, are entitled to the benefits, privileges and immunities and they are subject to the burdens and liabilities of the municipalities.

Gandy Nursery, Inc. v. United States

318 F.3d 631 · Court of Appeals for the Fifth Circuit · Jan 8, 2003

It is well-established that, if a waiver of sovereign immunity contains a limitations period, a plaintiff’s failure to file his action within that period deprives the court of jurisdiction. See United States v. … P. 3 Although the district court held that the only actions that could fall under Section 7433 were the 1993 levy and resulting reassessment, testimony and other evidence in the record clearly shows that

North Atlantic Security v. Blache

Court of Appeals for the Fifth Circuit · Nov 17, 2023

To overcome qualified immunity, the burden is on the plaintiff to raise fact issues that show (1) the defendant violated constitutional law, and (2) the right at issue was “clearly established” at the time of the defendant … For purposes of review, we may limit our analysis to the “clearly established” prong if that resolves the qualified immunity issue. See Pearson, 555 U.S. at 236–37.

Bricklayers, Masons and Plasterers International Union of America, Local Union No. 15, Orlando, Florida v. Stuart Plastering Company, Inc.

512 F.2d 1017 · Court of Appeals for the Fifth Circuit · May 12, 1975

The first of these is that the burden of establishing a qualifying trust fund must be met by the employee organization representative; the statute clearly prescribes that payments may be made “to a trust fund established … discontinue payments to the pension fund until a qualifying trust could be established.

United States v. Turk

526 F.2d 654 · Court of Appeals for the Fifth Circuit · Jan 29, 1976

Kabbaby’s action in recording his conversation with Turk was clearly an interception under this definition. … contents, Turk proceeded to commit a new crime — -perjury- — specifically exempted from the immunity order.

Pyca Industries, Inc., Pyca Industries, Inc. v. Harrison County Waste Water Management District, Max Foote Construction Company, Inc., Defendant-Cross Claimant-Appellee-Appellant v. Owen and White, Inc., Defendant-Cross Defendant-Cross Claimant-Appellee v. Harrison County Waste Water Management District, Defendant-Cross Defendant-Appellee-Appellant

177 F.3d 351 · Court of Appeals for the Fifth Circuit · May 27, 1999

Under the terms of the contract, the remedies clause clearly applies only when a claim has been properly filed and disallowed. … our finding of sovereign immunity for the District was based on a construction of the Mississippi Sovereign Immunity Act of 1984, MISS.CODE ANN. § 11-46-1-23 (Supp.1995).

Adnan Sadik Faddah and Laina Kaarina Faddah v. Immigration & Naturalization Service

553 F.2d 491 · Court of Appeals for the Fifth Circuit · Jun 6, 1977

In sum, we have closely examined the record in this case and find that the grounds on which the Board has based its decisions are clearly reflected therein. … The Attorney General has established regulations providing that an alien who does not qualify for a work permit may nevertheless receive a visa under section 212(a)(14) if he establishes on Form 1-526 that he is seeking to

Reynolds v. Wood County

Court of Appeals for the Fifth Circuit · May 1, 2023

“Qualified immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” Mace v. City of Palestine, 333 F.3d 621, 623 (5th Cir. 2003). … We therefore focus our analysis on whether the alleged violated right was clearly established. The district court determined there was insufficient clarity to deny qualified immunity.