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  • United States v. Simpson

    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 timesPublished
  • Harlan 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 timesUnpublished
  • Weichsel 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 timesPublished
  • 16 Fair empl.prac.cas. 1, 15 Empl. Prac. Dec. P 7935 Brian F. Weber, Individually and on Behalf of All Other Persons Similarly Situated v. Kaiser Aluminum & Chemical Corporation and United Steelworkers of America, Afl-Cio

    563 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 timesPublished
  • Kirk 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 timesUnpublished
  • Smith v. Packnett

    339 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 timesUnpublished
  • BNSF 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 timesPublished
  • Ronald Williams v. M. Bragg

    537 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 timesUnpublished
  • Doe 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 timesPublished
  • Planned 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 timesPublished
  • Dr. 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 timesPublished
  • O'Dwyer v. United States

    345 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 timesPublished
  • Cunningham 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 timesPublished
  • Delores 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 timesPublished
  • Thompson v. Microsoft

    2 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 timesPublished
  • Bloss v. Moore

    269 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 timesUnpublished
  • Xcaliber 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 timesPublished
  • Marvin 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 timesPublished
  • Thais Carriere, Widow of Samuel Carriere, Iv, Individually and on Behalf of Her Minor Child v. Sears, Roebuck and Company

    893 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 timesPublished
  • Bibbs v. Early

    541 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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