Case law

Cavalier Ex Rel. Cavalier v. Caddo Parish School Board

403 F.3d 246 · Court of Appeals for the Fifth Circuit · Mar 17, 2005

The magistrate judge previously had dismissed the Cavaliers’ claim for compensatory damages against the individual members of the School Board based on qualified immunity. The Cavaliers have not appealed that ruling. . … Both the policy in Bryant and in the present case have the same criteria to determine qualified applicants and to rank those qualified applicants.

John Luera v. Kleberg County, Texas

460 F. App'x 447 · Court of Appeals for the Fifth Circuit · Feb 16, 2012

Next, Luera argues that summary judgment was premature because there remained unresolved questions whether Cavazos was entitled to qualified immunity.2 The qualified immunity analysis is a two-step inquiry. … reasonable in the light of clearly established law Id.

Biron v. Upton

Court of Appeals for the Fifth Circuit · Dec 15, 2022

We therefore consider whether Biron has alleged a violation of any clearly established Free Exercise right. … Biron has not identified any violation of clearly established law. Ante at 4.

Book People, Incorporated v. Wong

91 F.4th 318 · Court of Appeals for the Fifth Circuit · Jan 17, 2024

The State, however, argues that READER’s regulatory scheme is not yet established. … READER does not clearly state how TEA will post the initial rating lists on its website, and the State’s representations on this issue have been conflicting.

Smith v. University of Texas Health Science Center

100 F. App'x 980 · Court of Appeals for the Fifth Circuit · Jun 16, 2004

The Analyst position requested at that time was one for which Smith was not qualified, in that it required computer skills that she did not possess. … In her reply brief, she provides a discussion of intentional infliction of emotional distress but does not address sovereign immunity except to assert that UTHSCH did not raise sovereign immunity as a defense.

Robert Jones, III v. Louisiana Board of Supervisor

Court of Appeals for the Fifth Circuit · Dec 10, 2015

The district court determined that sovereign immunity insulated the State of Louisiana and the ULS Board of Supervisors from liability, and that qualified immunity applied to the claims against Webb and Abney in their individual … In light of our resolution, we do not reach Defendants’ prescription argument or the district court’s decision on qualified immunity. 18

Jesse Copeland v. Brad Livingston

464 F. App'x 326 · Court of Appeals for the Fifth Circuit · Mar 13, 2012

Furthermore, the individual defendants claim qualified immunity from Copeland’s First Amendment claim under § 1983. … “Qualified immunity shields . . . state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

C. E. Smith, Individually and on Behalf of All Others Similarly Situated v. Paul E. Grady, Mayor of the City of Hattiesburg

411 F.2d 181 · Court of Appeals for the Fifth Circuit · May 15, 1969

. §§ 1981 , 1983, and 1985, for a temporary restraining order, a preliminary and a permanent injunction, and other equitable relief, to enjoin the deprivation, under color of law, of plaintiffs’ rights, privileges and immunities … Indeed, the pickets clearly violated many of the instructions of their sponsor, Dr. Smith.

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.

Simpson v. Wells Lamont Corp.

494 F.2d 490 · Court of Appeals for the Fifth Circuit · May 24, 1974

separation of ecclesiastical courts and civil courts prior to and since the founding of this country were not sufficient to ground an affirmance, the first words of the Bill of Rights in the United States Constitution would clearly … establish the unconstitutionality of any law asserted on behalf of the plaintiff: “Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof.”

Escobarrivera v. Whitaker

Court of Appeals for the Fifth Circuit · Dec 1, 2022

Our qualified immunity analysis is a two-part process: (1) we ask whether the alleged conduct has violated a federal right, Cole v. … Escobarrivera’s conditions plainly implicate a clearly established liberty interest.

Department of Texas v. Texas Lottery Commission

698 F.3d 239 · Court of Appeals for the Fifth Circuit · Oct 9, 2012

the lottery principle, established or existing in other States.”); Hardy v. … The 1 The Texas Lottery Commission was originally named as a defendant, but was dismissed from the suit by the district court on the basis of Eleventh Amendment immunity.

United States v. Edward Jimenez, Also Known as Big Eddie Paul Santivanez

256 F.3d 330 · Court of Appeals for the Fifth Circuit · Jun 29, 2001

Based on these facts, we cannot find that the district court clearly erred in determining that the government offered Jimenez only use immunity. 25 B Secondly, we consider whether Jimenez’s 1994 debriefing contributed, either … His subjective belief cannot, by itself, establish transactional immunity. 26 . Cf. Cantu, 185 F.3d at 302 ("The district court did not make any factual findings; therefore we review Cantu's claims de novo.’’). 27 .

Brown v. Bryan County, OK

67 F.3d 1174 · Court of Appeals for the Fifth Circuit · Oct 23, 1995

Appellants also contest the jury's finding that Burns was not entitled to qualified immunity. A proper analysis of a qualified immunity defense requires us to conduct a two (sometimes three) prong inquiry. … Burns, he is not entitled to qualified immunity.14 IV.

Timothy Grant v. John Wisener

594 F. App'x 278 · Court of Appeals for the Fifth Circuit · Feb 27, 2015

When determining if a defendant is entitled to qualified immunity, we evaluate “(1) whether the plaintiff has alleged a violation of a clearly established constitutional right; and (2) if so, whether the defendant’s conduct … was objectively unreasonable in the light of the clearly established law at the time of the incident.”

United States v. McFerrin

570 F.3d 672 · Court of Appeals for the Fifth Circuit · Jun 10, 2009

Tax credits are a matter of legislative grace, are only allowed as clearly provided for by statute, and are narrowly construed. See Stinson Estate v. … If the taxpayer can establish that qualified expenses occurred, however, then the court should estimate the allowable tax credit. See Cohan v.

Bank One, Texas, N.A. v. Taylor

970 F.2d 16 · Court of Appeals for the Fifth Circuit · Aug 18, 1992

First, the evidence clearly shows that MBank was not subject to, nor had reasonable grounds to anticipate, rival claims to the account fund. … As discussed in the preceding sections of our opinion, the record clearly contains evidence to support the jury verdict.

Zadvydas v. Underdown

185 F.3d 279 · Court of Appeals for the Fifth Circuit · Aug 11, 1999

established. … Zadvydas may in fact have German blood, and thus qualify under jus sanguinis.

Devillier v. State of Texas

63 F.4th 416 · Court of Appeals for the Fifth Circuit · Mar 23, 2023

And all the Court said in response was that the United States was wrong that “the Fifth Amendment, combined with principles of sovereign immunity, establishes that the Amendment itself is only a limitation on the power of … As most relevant here, the Court said: The Solicitor General urges that the prohibitory nature of the Fifth Amendment, combined with principles of sovereign immunity, establishes that the Amendment itself

Earl Million v. Dawn Grounds

690 F. App'x 163 · Court of Appeals for the Fifth Circuit · May 30, 2017

According to Million, the appellees are not entitled to immunity under the Eleventh Amendment or qualified immunity. … established constitutional right.