Case law

Denise Chavez, United States of America, Intervenor v. Arte Publico Press Nicolas Kanellos University of Houston

139 F.3d 504 · Court of Appeals for the Fifth Circuit · Apr 20, 1998

Seminole quashed the latter proposition when it unequivocally overturned Union Gas: [B]oth the result in Union Gas and the plurality’s rationale depart from our established understanding of the Eleventh Amendment and undermine … Clearly, the Indian gaming regulation at issue in Seminole would itself have been subject to this style of constitutionalization, for the statute provided for arbitration enforceable in federal court and governed property

Payne v. City of Olive Branch

130 F. App'x 656 · Court of Appeals for the Fifth Circuit · Apr 29, 2005

Savage is entitled to qualified immunity for the search as long as “a reasonable officer could have believed . . . … Payne did not sustain her burden of producing summary judgment evidence sufficient to support a finding that Savage lacked qualified immunity.

Eunice Webb v. Rodney Arbuckle

456 F. App'x 374 · Court of Appeals for the Fifth Circuit · Dec 29, 2011

Consequently, we may decline to address the first step of the qualified immunity analysis when we determine that a defendant did not act in an objectively unreasonable manner in light of clearly established law at the time … City of Columbia, 305 F.3d 314, 323 (5th Cir. 2002) (en banc) (“Ultimately, a state actor is entitled to qualified immunity if his or her conduct was objectively reasonable in light of the legal rules that were clearly established

Maria Arenas v. John Calhoun

922 F.3d 616 · Court of Appeals for the Fifth Circuit · Apr 26, 2019

After discovery, Calhoun moved for summary judgment on the underlying merits and on the basis of qualified immunity (“QI”). … (finding no law clearly establishing that a “[policy violation] alone is sufficient to create an inference of deliberate indifference”); Jacobs, 228 F.3d at 398 (holding that an officer’s failure to check suicidal detainees

Gordy v. Burns

294 F.3d 722 · Court of Appeals for the Fifth Circuit · Jun 17, 2002

After ruling that the officers were not entitled to qualified immunity, the magistrate judge entered judgment for Gordy and awarded him $12,000 in compensatory damages and $8,000 in punitive … immunity.

U.S. v. Moats

Court of Appeals for the Fifth Circuit · May 30, 1992

Forsyth, 472 U.S. 511, 527–28, 105 S.Ct. 2806, 2816–17, 86 L.Ed.2d 411 (1985) (court hearing appeal from collateral order denying qualified immunity under 42 U.S.C. § 1983 reviews only legal issues). … Clearly, if Pemex does not dispute Repsa's allegations, but believes that it is entitled to immunity under the facts as alleged, the issue we must resolve is the purely legal application of the FSIA.

Fred Taylor v. City of Shreveport

798 F.3d 276 · Court of Appeals for the Fifth Circuit · Aug 13, 2015

The individual Defendants have asserted the defense of qualified immunity. They are entitled to it. … To avoid dismissal on qualified immunity grounds, a plaintiff must show that (1) the defendant violated a federal 60The district court dismissed this claim without prejudice on exhaustion grounds.

McGee v. Arkel International, LLC

671 F.3d 539 · Court of Appeals for the Fifth Circuit · Feb 16, 2012

The Coalition Provisional Authority was established in 2003 as a transitional government following the fall of Saddam Hussein’s regime. It was dissolved on June 30, 2004. … We decline to determine an issue on summary judgment not clearly addressed by the district court.

United States v. Henry M. Collier, Jr., M. D.

478 F.2d 268 · Court of Appeals for the Fifth Circuit · May 1, 1973

It is apparent that a licensed practitioner is not immune from the act solely due to his status, White v. … These cases held that § 841(a) clearly constituted a permissible exercise of Congress’s powers under the Commerce Clause.

United States v. Henao-Melo

591 F.3d 798 · Court of Appeals for the Fifth Circuit · Dec 23, 2009

Ochoa-Cruz, 442 F.3d 865, 867 (5th Cir. 2006) (§ 2L1.2(b)(1)(A)(ii)) (“Relying on the PSR alone was clearly and obviously erroneous, as doing so conflicted with both Taylor and Shepard as well as the underlying themes of … It would have been understand- able, if incorrect, for the court to have considered that case as establishing that all § 843(b) convictions for which the sentence imposed exceeded thirteen months qualified for § 2L1.2(b)(

Allen v. Pierce

689 F.2d 593 · Court of Appeals for the Fifth Circuit · Oct 21, 1982

Absent “a clearly expressed legislative intention to the contrary, the plain language of the statute controls its construction.” Id. … The contract between HUD and the project owner establishes a maximum rent for each assisted unit.

Brazzell v. Adams

493 F.2d 489 · Court of Appeals for the Fifth Circuit · May 2, 1974

The general principle of collateral es-toppel is that “a fact decided in an earlier suit is conclusively established between . . . … We also note that as to the defendant district attorney the complaint is due to be dismissed for a second reason, that of immunity — -there are no allegations of actions clearly outside the scope of his jurisdiction.

Peggy Mays v. Chevron Pipe Line Company

Court of Appeals for the Fifth Circuit · Aug 4, 2020

Moreover, as discussed, Valladolid asked only what causation standard to extract from § 1333(b); it did not address who may qualify as an “employer” under OCSLA. … See 565 U.S. at 211 (asking whether “‘the claimant must establish a substantial nexus between the injury and extractive operations on the shelf’ to qualify for workers’ compensation benefits under the OCSLA” (quoting Valladolid

Roger Johnson v. Hinds County Board of Suprs, et a

694 F. App'x 945 · Court of Appeals for the Fifth Circuit · Jun 1, 2017

summary judgment on the question of qualified immunity.” … Because these factual disputes must be resolved in order to make the qualified immunity determination, they are material. Manis, 585 F.3d at 842-43.

Perez v. Regn 20 Educ Svc Ctr

Court of Appeals for the Fifth Circuit · Oct 8, 2002

The Eleventh Amendment bars an individual from suing a state in federal court unless the state consents to suit or Congress has clearly and validly abrogated the state's sovereign immunity. See U.S. CONST. amend. … that Congress has clearly abrogated the states' Eleventh Amendment immunity in enacting Title VII.

Perkins v. Hart

Court of Appeals for the Fifth Circuit · Nov 30, 2023

“[T]o overcome qualified immunity, the plaintiff’s version of those disputed facts must also constitute a violation of clearly established law.” Joseph, 981 F.3d at 330. … The Buehler court thus did not engage in further analysis because the officers were entitled to qualified immunity, as the First Amendment right had not been clearly established at the time of the officers’ actions

Cox v. Commissioner

68 F.3d 128 · Court of Appeals for the Fifth Circuit · Nov 6, 1995

The record does not reveal that this conclusion is clearly erroneous. … Nonjudicial foreclosure sales also qualify as realizing events. Chilingirian v.

Thomas Mills v. USA

Court of Appeals for the Fifth Circuit · Oct 4, 2013

Because the complaint fails to plead sufficient facts to establish that the defendants were deliberately indifferent to any clearly established rights, the defendants are entitled to qualified immunity. … The plaintiffs now appeal, arguing that they adequately pleaded violations of clearly established Eighth Amendment rights sufficient to overcome qualified immunity.

Davis v. TX A & M University

Court of Appeals for the Fifth Circuit · Aug 19, 2003

immunity. … Later, the Court explained what is required to establish deliberate indifference. In Piotrowski v.

Comstock v. TX A & M University

Court of Appeals for the Fifth Circuit · Aug 19, 2003

immunity. … Later, the Court explained what is required to establish deliberate indifference. In Piotrowski v.