Case law
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645 F.3d 300 · Court of Appeals for the Fifth Circuit · Jun 23, 2011
He presses us to establish a bright-line rule: that death-qualified juries can serve only if one or more defendants face the death penalty at the time the jury is sworn. See United States v. … The question, then, is whether Benjamin’s guilty plea changes the analysis such that we should establish a new categorical rule.11 To answer that question, we return to two well-established rules of law that we have discussed
Cited 47 timesPublishedHarlan v. United States Department of Health & Human Services
359 F. App'x 458 · Court of Appeals for the Fifth Circuit · Dec 28, 2009
immunity. … The plaintiffs cite no authority, clearly established or otherwise, that indicates that they had any protected constitutional rights or interests related to that child.
Cited 1 timesUnpublishedWeichsel Farm, L.P. v. JP Morgan Chase Bank, N.A.
740 F.3d 972 · Court of Appeals for the Fifth Circuit · Jan 10, 2014
Hence, under the plain language of the Agreement, the Leases qualified as Other Real Estate assigned outright to Chase. … Horizontal privity clearly exists in this case, as the covenants that the Landlords seek to enforce are included in the original leases between the Landlords and WaMu.
Cited 5 timesPublished563 F.2d 216 · Court of Appeals for the Fifth Circuit · Nov 17, 1977
Finding no victims of employment discrimination, the Eighth Circuit reversed a racial hiring quota designed to favor less qualified minority applicants over more qualified white applicants: 40 The fact that some unnamed and … Although the three potential violations discussed above may not make the district court's finding "clearly erroneous" in the sense contemplated by Rule 52(a), F.R.Civ.P., arguable violations clearly existed. 73 To immunize
Reversed by United Steelworkers of America v. Weber, 443 U.S. 193 (1979)Cited 3 timesPublishedKirk Smith v. City Of El Paso Texas
477 F. App'x 240 · Court of Appeals for the Fifth Circuit · May 24, 2012
The officers moved for summary judgment, arguing that they were entitled to qualified immunity. … Qualified immunity shields government officials “from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known
Cited 1 timesUnpublished339 F. App'x 389 · Court of Appeals for the Fifth Circuit · Jul 21, 2009
The standard test for qualified immunity requires, first, the allegation of a violation of an established constitutional right and, second, a showing that, notwithstanding that violation, the officer’s actions were objectively … reasonable under then-clearly established law.
Cited 3 timesUnpublishedBNSF Railway Company v. United States
775 F.3d 743 · Court of Appeals for the Fifth Circuit · Jan 15, 2015
In light of the indeterminate text, structure, purpose, and legislative history of this statutory provision, we cannot conclude the Congress has “spoken clearly” as to the meaning of “money remuneration.” 92 … -10014 Document: 00512904642 Page: 20 Date Filed: 01/15/2015 No. 13-10014 We agree. 26 U.S.C. § 7422(a) provides a limited waiver of sovereign immunity
Cited 24 timesPublished537 F. App'x 468 · Court of Appeals for the Fifth Circuit · Jul 29, 2013
Because Williams failed to show that the Warden violated his clearly established rights under the First Amendment or the RFRA, it is unnecessary to address whether the district court erred in determining that Warden Bragg … was entitled to qualified immunity.
Cited 8 timesUnpublishedDoe Ex Rel. Magee v. Covington County School District
659 F.3d 358 · Court of Appeals for the Fifth Circuit · Aug 11, 2011
Qualified Immunity As the Supreme Court recently reiterated, “The doctrine of qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established … Qualified immunity is applicable unless the official’s conduct violated a clearly established constitutional right.63 We hold today that the alleged facts do indeed make out a violation of Jane’s substantive
Cited 0 timesPublishedPlanned Parenthood of Greater Tex. Family Planning & Preventative Health Servs., Inc v. Smith
913 F.3d 551 · Court of Appeals for the Fifth Circuit · Jan 17, 2019
The Final Notice also states that evidence establishes that PPGC engaged in misrepresentations regarding fetal tissue procurement. … The party seeking preliminary injunctive relief must clearly carry the burden of persuasion on all four elements. Id.
Cited 6 timesPublishedDr. John I. Reddix v. Mrs. May Lucky, Registrar of Voters, Ouachita Parish
252 F.2d 930 · Court of Appeals for the Fifth Circuit · Mar 28, 1958
Such an assumption seems clearly justified, for here the plaintiff charges that the defendant participated in a proceeding challenging him and 3,000 other Negroes as being illegally registered; that she failed to comply with … Whatever area of doubt remains as to the identification of other civil rights, there can be no doubt that the right to vote in any state election is guaranteed to every qualified citizen without regard to his race or color
Cited 22 timesPublished345 F. App'x 1 · Court of Appeals for the Fifth Circuit · Jun 30, 2009
Federal tort claims The FTCA waives sovereign immunity for federal tort claims brought against the United States. 28 U.S.C. § 2674 . … We decline this invitation to circumvent the jurisdictional limitations established by Congress when it chose to subject the United States to tort liability under the FTCA.
Cited 1 timesPublishedCunningham v. Housing Authority
764 F.2d 1097 · Court of Appeals for the Fifth Circuit · Jul 5, 1985
To establish a prima facie case of sex discrimination in a Title YII case, the complainant must demonstrate that she applied for and was qualified for a job for which the employer was seeking applicants; despite her qualifications … The district court found that Cunningham was more qualified for the position than Soileau.
Cited 4 timesPublishedDelores J. ROBBINS, Plaintiff-Appellant, v. WHITE-WILSON MEDICAL CLINIC, INC., Defendant-Appellee
642 F.2d 153 · Court of Appeals for the Fifth Circuit · Apr 9, 1981
The Supreme Court also stated that the employer need not demonstrate that the person actually hired was better qualified than the plaintiff. … The court stated: The clearly erroneous standard of appellate review applies to subsidiary facts but does not apply to ultimate facts.
Cited 12 timesPublished2 F.4th 460 · Court of Appeals for the Fifth Circuit · Jun 22, 2021
“To establish a prima facie discrimination claim under the ADA, a plaintiff must prove: (1) that he has a disability; (2) that he was qualified for the job; and (3) that he was subject to an adverse employment decision … is not a qualified individual under the ADA.
Cited 133 timesPublished269 F. App'x 446 · Court of Appeals for the Fifth Circuit · Mar 11, 2008
Qualified immunity shields government officials acting within their discretionary authority from suits when “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … Because Bloss’s allegations, if true, do not establish a violation of a clearly established constitutional right, Moore is entitled to qualified immunity. See Mace v.
Cited 1 timesUnpublishedXcaliber International Limited v. Attorney General
612 F.3d 368 · Court of Appeals for the Fifth Circuit · Jul 15, 2010
The ASR establishes a limit on the amount of escrow funds that will be released back to an NPM in a particular year. … private conduct pursuant to a state statute gets Parker immunity.
Cited 6 timesPublishedMarvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. Diamond, Etc.
594 F.2d 997 · Court of Appeals for the Fifth Circuit · Apr 26, 1979
Other courts have agreed that negligent conduct resulting in the deprivation of a clearly established constitutional right is actionable under § 1983. See, e. g., Navarette v. … If defendants are not shielded by their qualified immunity, the district court should proceed to hear evidence concerning individual damages after appropriate notice is given to class members. 2 See Section VI, infra.
Vacated by Marvin Jones, on His Own Behalf and on Behalf of Those Similarly Situated v. Fred R. Diamond, 636 F.2d 1364 (1981)Cited 98 timesPublished893 F.2d 98 · Court of Appeals for the Fifth Circuit · Mar 2, 1990
The standard for judging fraudulent joinder claims of this sort is clearly established in this circuit: After all disputed questions of fact and all ambiguities in the controlling state law are resolved in favor of the nonremoving … The plaintiffs argue that Mclnnis is not entitled to tort immunity because he committed an intentional act.
Cited 256 timesPublished541 F.3d 267 · Court of Appeals for the Fifth Circuit · Aug 12, 2008
Defendants moved for summary judgment, submitting Bibbs’ medical records to show that he had not requested medical assistance, urging qualified immunity,3 and maintaining that Bibbs’ allegations failed to state a claim of … II “The law of this circuit is clearly established . . . that a prison official may not retaliate against or harass an inmate . . . for complaining to a supervisor about a guard’s misconduct.”4 “To state a valid claim
Cited 77 timesPublished
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