Case law

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

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.

Dorothy D. McGee v. Commissioner of Internal Revenue

979 F.2d 66 · Court of Appeals for the Fifth Circuit · Jan 13, 1993

We cannot conclude that this finding is clearly erroneous. … This argument does not provide a basis for reversal under the clearly erroneous standard of review.

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.

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.

Smith v. Texas Department of Water Resources

818 F.2d 363 · Court of Appeals for the Fifth Circuit · Jun 3, 1987

The trial court has now made supplemental findings of fact and conclusions of law, essentially resolving all key fact disputes in favor of the Defendants and reaffirming the conclusion that Plaintiff failed to establish her … Findings of fact shall not be set aside on appeal “unless clearly erroneous.” Fed.R.Civ.P. 52(a).

Sullivan v. County of Hunt, Texas

106 F. App'x 215 · Court of Appeals for the Fifth Circuit · Jul 21, 2004

Because neither the district court nor Sullivan point to any clearly established constitutional right to counsel, and we know of no such right, the district court erred in denying Killgore qualified immunity on this claim … Finally, Killgore argues that the district court erred in denying him qualified immunity on Sullivan’s conspiracy claim.

Texas Indigenous Council v. Simpkins

544 F. App'x 418 · Court of Appeals for the Fifth Circuit · May 21, 2013

immunity for the federal claim, and (4) the officers were entitled to official immunity for the state law claim. … Because we are remanding for the district court to address the merits of the officers’ qualified immunity defense for the First Amendment claim, we do not address the district court’s determination that the officers were

Cabrol v. Town of Youngsville

Court of Appeals for the Fifth Circuit · Feb 24, 1997

In reviewing 42 U.S.C. § 1983 actions where qualified immunity is asserted, our first inquiry concerns whether a constitutional violation occurred. Siegert v. … Qualified Immunity In 42 U.S.C. § 1983 actions in which qualified immunity is asserted, we, as previously noted, first determine if a constitutional violation has occurred. Siegert v.

Palmer v. Flaggman

93 F.3d 196 · Court of Appeals for the Fifth Circuit · Sep 3, 1996

This certification ... shall conclusively establish scope of office or employment for purposes of removal. 3 Id. 2 28 U.S.C. § 2675(a … Graham was clearly not acting as an independent contractor of the United States government, and Graham's status as employee or independent contractor of NCH is irrelevant to his Westfall Act certification.

John Doe v. John Doe

941 F.2d 280 · Court of Appeals for the Fifth Circuit · Aug 23, 1991

Two of these arguments are clearly meritless. … DiL-eos is certainly not established in the record before us.

Chiglades Farm, Ltd. v. Earl L. Butz, Secretary of Agriculture of the United States of America

485 F.2d 1125 · Court of Appeals for the Fifth Circuit · Oct 10, 1973

First, Chiglades was not clearly a producer under the Marketing Order’s definition or within its criteria for entitlement to a base quantity. … Having found no abuse of authority, however, we must conclude that the immunity is undisturbed. Where such total immunity is granted, there can be no violation of the antitrust laws. See Ricci v.

Miller v. Harrison County MS

358 F. App'x 573 · Court of Appeals for the Fifth Circuit · Dec 23, 2009

City of Dallas, Tex., 207 F.3d 732, 735 (5th Cir. 2000) (reversing district court's denial of qualified immunity on summary judgment when it was solely based on inadmissible evidence) (citing Hayter v. … As this evidence is clearly inadmissible, the district court committed manifest error in denying Gaston summary judgment on his claim of qualified immunity. See id.

Billy Guice and Howard Claxton, Sr. v. Ray Fortenberry, Superintendent, East Carroll Parish Prison Farm, Louisiana

722 F.2d 276 · Court of Appeals for the Fifth Circuit · Jan 9, 1984

The first and third of these elements had been established by the petitioners in their state court record. The degree of underrepresen-tation of blacks had not been established. … The fact of underrepresen-tation has clearly been established under Castaneda . B. The state is,- most certainly, entitled to rebut the presumption of discrimination established by the petitioners.

Warren G. COUSIN, Plaintiff-Appellant, v. BOARD OF TRUSTEES OF HOUSTON MUNICIPAL SEPARATE SCHOOL DISTRICT Et Al., Defendants-Appellees

648 F.2d 293 · Court of Appeals for the Fifth Circuit · Jun 16, 1981

Accordingly, as we have already stated: In order to establish that a former principal was not ‘qualified,’ and therefore not within the protective penumbra of Singleton, a school board would have to establish the principal's … And in order to fulfill that burden the board must have to establish quite clearly why one who was qualified prior to a desegregation order suddenly became unqualified after the order. Lee, 453 F.2d at 1101 .