Case law

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

McQueen v. Bullock

907 F.2d 1544 · Court of Appeals for the Fifth Circuit · Aug 9, 1990

The facial validity of the Texas remedies is thus well established. However, McQueen also challenges these remedies as they are applied to him. … States, immune from suit except as the United States has consented to be sued."). .

United States v. Articles Of Food And Drug Consisting Of Coli-Trol 80, F4c-60 Feed Grade, Entrol-S Medicated, Entrol-P, Etc.

518 F.2d 743 · Court of Appeals for the Fifth Circuit · Sep 8, 1975

Similarly, § 348(c) (3)(A) requires the Secretary not to issue a food additive regulation where the data submitted "fails to establish that the proposed use of the food additive, under the conditions of use to be specified … The evidence here was similar to that in the other issues of this case, and the court's conclusion was not clearly erroneous. 14 Affirmed. * Of the U. S.

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.

Gardner v. Luckey

500 F.2d 712 · Court of Appeals for the Fifth Circuit · Dec 10, 1974

The Supreme Court held that none of the named plaintiffs had alleged enough to establish a case or controversy with the defendants. … Hurt, 489 F.2d 786 (CA7, 1973) (it is at least arguable that the public defender acts under color of law, but he enjoys qualified immunity against damage suits) Appellees argue that this circuit has endorsed the no state

United States v. Smith

203 F.3d 884 · Court of Appeals for the Fifth Circuit · Feb 14, 2000

To establish a conspiracy under 18 U.S.C. … Smith clearly played a proactive role in this particular case.

Ramirez v. Guadarrama

Court of Appeals for the Fifth Circuit · Feb 8, 2021

The qualified immunity analysis has two components: (1) whether a plaintiff alleges or shows 1 the violation of a federal constitutional or statutory right; and (2) whether the right in question was clearly established … The reasonableness of the official’s conduct and the degree to which the particular right in question was clearly established are thus merged into one issue for purposes of the qualified immunity analysis.

Veronica Hernandez v. City of Lubbock Texas

Court of Appeals for the Fifth Circuit · Dec 28, 2015

In January 2015, Officer Freeman moved for summary judgment on the basis of qualified immunity. … established law at the time of the conduct in question,” id.

Texas v. Real Parties in Interest

259 F.3d 387 · Court of Appeals for the Fifth Circuit · Jul 23, 2001

III The All Writs Act, 28 U.S.C. § 1651 (a), provides: The Supreme Court and all courts established by Act of Congress may issue all writs necessary or appropriate in aid of their respective jurisdictions … accepting that the procedural requirements for removal under § 1441 pose no barrier to the use of the All Writs Act to bring a state court matter into federal court,13 the Rule 202 proceeding in this case clearly

Sewerage & Water Board v. The Cumulus

172 F.2d 102 · Court of Appeals for the Fifth Circuit · Feb 1, 1949

to final' judgment, but we see no need to do either: for, in our opinion, the action of the court below in dissolving the attachment and dismissing the suit was clearly correct. … attachment suit, ‘the defendant appears, the cause becomes mainly a suit in person-am, with the added incident that the property attached remains liable, under the control of the court, to answer to any demand which may be established

Brenda Jones v. Petty-Ray Geophysical

954 F.2d 1061 · Court of Appeals for the Fifth Circuit · Apr 15, 1992

It does no business in Texas, nor is it qualified to do so, and it has no property or employees there. 23 Total CFP is a French corporation. … Total CFP is not qualified to do business in Texas; moreover, the record reflects that it does not do any business directly in Texas or have any employees or property there.

Veronica Hernandez v. City of Lubbock Texas

634 F. App'x 119 · Court of Appeals for the Fifth Circuit · Dec 17, 2015

In January 2015, Officer Freeman moved for summary judgment on the basis of qualified immunity. … established law at the time of the conduct in question,” id.

Harrell v. Northern Electric Co.

672 F.2d 444 · Court of Appeals for the Fifth Circuit · Apr 5, 1982

This finding is clearly erroneous. In addition to questioning the basis and methodology of appellant’s disparate impact evidence, NECO sought to establish a business justification for its hiring practices. … It is not possible on the state of this record to conclude, as did the trial judge, that Harrell was not qualified. The district court’s finding that Harrell was not qualified is clearly erroneous.

Garcia v. USA

986 F.3d 513 · Court of Appeals for the Fifth Circuit · Jan 19, 2021

Document: 00515711385 Page: 8 Date Filed: 01/19/2021 No. 19-40718 Second, he alleges that her death was caused by a Coast Guard vessel, which clearly … Because Garcia is unable to show that he is Cervantes’ common-law spouse under Texas law, he does not qualify as Cervantes’ surviving spouse and 21 “The standing doctrine defines and limits

Miller v. TX Tech Univ Hlth

342 F.3d 563 · Court of Appeals for the Fifth Circuit · May 13, 2003

King Miller does not contend that otherwise qualified individual with a disability . . . … We F.3d 858, 876 (5th Cir. 2000), we held that adopted this very argument in Pace, holding § 2000d-7 “clearly, unambiguously, and un- that the state could not knowingly waive its

Karen Leclerc Guillaume Jarry Beatrice Boulord Maureen D. Affleck, Plaintiffs-Appellants-Cross v. Daniel E. Webb, Daniel E. Webb Harry J. Phillips, in Their Respective Official Capacities as Chairman and Vice-Chairman of the Louisiana Committee on Bar Admissions Jeffery P. Victory Jeannette Theriot Knoll Chet D. Traylor Catherine D. Kimball, A/K/A Kitty Kimball John L. Weimer Bernette Joshua Johnson, in Their Official Capacities as Justices of the Louisiana Supreme Court, Defendants-Appellees-Cross Caroline Wallace Emily Maw v. Pascal F. Calogero Jr., in His Official Capacity as Chief Justice of the Louisiana Supreme Court Jeffrey P. Victory Jeannette Theriot Knoll Chet D. Traylor Catherine D. Kimball John L. Weimer Bernett J. Johnson, in Their Official Capacities as Justices of the Louisiana Supreme Court Daniel E. Webb Harry J. Phillips, Jr., in Their Respective Official Capacities as Chairman and Vice-Chairman of the Louisiana Committee on Bar Admissions

419 F.3d 405 · Court of Appeals for the Fifth Circuit · Jul 29, 2005

The defendants moved to quash the plaintiffs' discovery requests, asserting judicial and legislative immunity. Finding the defendants judicially immune, a magistrate judge granted the motion. … with federal policy that prevented these student aliens from establishing state domicile.

United States v. Shafter W. Summers

598 F.2d 450 · Court of Appeals for the Fifth Circuit · Jul 9, 1979

The cases on which appellant relies are clearly distinguishable and, therefore, inapposite. 4 B. … Counsel did interpose timely objections to these questions on the grounds of relevancy and materiality, claiming that these facts did not establish nor were material in establishing the requisite interstate commerce element

Daniel v. Harrison

95 F.3d 1149 · Court of Appeals for the Fifth Circuit · Aug 15, 1996

Daniel claimed that in September 1990, Harrison used excessive force; Harrison claimed qualified immunity. … Because Daniel failed to prove that he sustained a significant injury, as required by the clearly established law at the time of the incident, Harrison is qualifiedly immune from liability under § 1983.

Nell Neinast v. State Of Texas

217 F.3d 275 · Court of Appeals for the Fifth Circuit · Jul 27, 2000

First, the court must address whether Congress has clearly spoken on a precise issue; if it has, then the agency's interpretation must conform to that policy. … Pierce, Jr., I Administrative Law Treatise § 3.2 (3d ed. 1994). 35 The statutory provision under which the Department of Justice promulgated the rule reads:[N]o qualified individual shall, by reason of such disability, be

Thompson v. Harris County Hospital District

575 F. App'x 371 · Court of Appeals for the Fifth Circuit · Jul 15, 2014

a prima facie case of discrimination, which requires a showing that the plaintiff (1) is a member of a protected group; (2) was qualified for the position at issue; (3) was discharged or suffered some adverse employment … The court also explained that Thompson failed to raise a material question of fact about whether she clearly was better qualified than the applicants selected for the positions.