Case law

Rios v. Rossotti

252 F.3d 375 · Court of Appeals for the Fifth Circuit · May 17, 2001

In order to establish a prima facie case of discrimination based on race or national origin, a plaintiff must usually show that (1) she suffered an adverse employment action; (2) she was qualified for the position; (3) … “Rubber Stamp” Exception Given the information presented to the ranking panel, their decision was clearly reasonable.

Rynveld v. Dupuis

39 F.2d 399 · Court of Appeals for the Fifth Circuit · Apr 7, 1930

He qualified as an expert both in the growing and in the- making of estimates of the yield of narcissus bulbs. … The evidence ¿ddueed was clearly sufficient to establish a breach by the seller of the contracts, and that the market prices were considerably higher than the contract prices.

United States v. John Columbus Dalton, Jr.

465 F.2d 32 · Court of Appeals for the Fifth Circuit · Dec 11, 1972

The program offered qualified veterans with a private pilots license or 30 hours of flying experience a subsidy of 90 per cent of the cost of additional flight training. … Having shown that the Quarterly Certificates were false, the government next presented evidence to establish that appellant was the moving force behind the falsifications.

Anthony J. Foyt, Jr., and Lucy A. Foyt v. United States of America, Ann W. Childs, Etc. v. United States

561 F.2d 599 · Court of Appeals for the Fifth Circuit · Oct 19, 1977

The district court held in the Bradco suit that the Foyts’ payment to Bradco did not qualify as a deductible rental expense. … We hold that the district court’s finding was not clearly erroneous.

David Whatley v. City of Vidalia

399 F.2d 521 · Court of Appeals for the Fifth Circuit · Jul 11, 1968

Clauses of the Fourteenth Amendment. 42 U.S.C. § 1971 (a) (1) (1964 ed.), which guarantees the right to vote, free from racial discrimination, provides: ‘All citizens of the United States who are otherwise qualified by law … The explicit terms of that section compelled the conclusion that ‘nonforeible attempts to gain admittance to or remain in establishments covered by the Act, are immunized from prosecution * * *.’ 379 U.S., at 311 , 85 S.Ct

38 Fair empl.prac.cas. 417, 38 Empl. Prac. Dec. P 35,521, 18 Fed. R. Evid. Serv. 1057 Gladys Cunningham v. Housing Authority of the City of Opelousas D/B/A Opelousas Housing Authority

764 F.2d 1097 · Court of Appeals for the Fifth Circuit · Jul 5, 1985

To prove disparate treatment, the plaintiffs must prove discriminatory intent.... 10 Discriminatory intent may be established by direct or circumstantial evidence. 11 Walls v. … Cunningham does not specifically argue that the district court's negative determination of the discrimination issue is clearly erroneous.

Falcon v. General Telephone Co. of the Southwest

626 F.2d 369 · Court of Appeals for the Fifth Circuit · Sep 22, 1980

In “disparate treatment” cases, the plaintiff has the burden of establishing a prima facie case. … Our task here then is to decide if the trial court was clearly erroneous when it concluded that Falcon was as qualified as the other people who were promoted. We conclude that the finding was not clearly erroneous.

Richard GARZIANO, Plaintiff-Appellee, v. E.I. DU PONT DE NEMOURS & CO., Defendant-Appellant

818 F.2d 380 · Court of Appeals for the Fifth Circuit · Jun 3, 1987

Though in dispute about when the qualified privilege is created, both parties agree1 that once the existence of a qualified privilege is established the burden is upon the plaintiff to prove bad faith, actual malice, or abuse … Since the bulletin was clearly issued for a proper purpose, any ill will was incidental and the qualified privilege protected the publication.

Small Ex Rel. R.G. v. City of Alexandria

622 F. App'x 378 · Court of Appeals for the Fifth Circuit · Aug 12, 2015

The doctrine of qualified immunity “protects public officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “[T]he qualified immunity inquiry has two prongs: (1) whether an official’s conduct violated the plaintiff’s constitutional rights, and (2) whether the right violated was clearly established at the time of the violation.”

Yaneth Fuentes v. City of Tyler

611 F. App'x 183 · Court of Appeals for the Fifth Circuit · May 8, 2015

Officials enjoy qualified immunity so long as their “their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.” Harlow v. … Riggle does not argue that if he in fact shot an unarmed Victor Fuentes in the back, he did not violate Victor Fuentes’s clearly established constitutional rights.

Travis Blank v. Harold Eavenson

Court of Appeals for the Fifth Circuit · Jan 19, 2016

The district court granted Nurse Bell’s motion for summary judgment on the basis of qualified immunity. * Pursuant to 5th Cir. … To defeat the defense of qualified immunity, Blank must plead facts to show: a violation of a constitutional or statutory right; and, in the light of clearly established law, Nurse Bell’s conduct was objectively unreasonable

United States v. Wadi

Court of Appeals for the Fifth Circuit · Aug 29, 2025

Iman Wadi, a Syrian-born nationalized United States citizen, planned to establish a halal-beef slaughterhouse in Colombia with business partner Ahmed Barodi. … instruct on combatant immunity at all.”

Davis v. Lensing

139 F.3d 899 · Court of Appeals for the Fifth Circuit · Mar 11, 1998

The magistrate judge’s refusal to grant the summary judgment motion did determine a question of law: It determined the existence of a clearly established federal or constitutional right … If no such right existed, qualified immunity would protect Lensing from damages as a matter of law. See Hart v. O’Brien, 127 F.3d 424, 441-42 (5th Cir. 1997).

United States v. Osman Reyes

866 F.3d 316 · Court of Appeals for the Fifth Circuit · Aug 1, 2017

As that very case shows, a finding of indivisibility would establish the sentencing enhancement’s impropriety. See Velasco, 465 F.3d at 639 . … It has been established, categorically, that the offense of which he was convicted represents a crime of violence under the Guidelines.

Donald Blackmon and Richard Glen Deyoung v. Brookshire Grocery Company

835 F.2d 1135 · Court of Appeals for the Fifth Circuit · Jan 22, 1988

There are two tests for determining whether a person qualifies as an exempt executive, the long test, 29 C.F.R. § 541.1 , and the short test, 29 C.F.R. § 541.119 . … The short test qualifies an employee as an executive if the employee is not a mechanic, carpenter, or other craftsman, and earns more than $250 per week.

Brown & Root, Inc. v. M/v Peisander, Etc.

648 F.2d 415 · Court of Appeals for the Fifth Circuit · Jun 19, 1981

The phrase “unless the nature and value of such goods have been declared by the shipper before shipment and inserted in the bill of lading” clearly puts the burden on the Shipper to make the determination as between value … The Ninth Circuit characterized it: We and other courts interpret this to mean that under certain circumstances parties to a contract of carriage may limit a stevedore’s liability, but only if the intent to do so is clearly

Melancon v. Walsh

Court of Appeals for the Fifth Circuit · Feb 7, 2025

“The doctrine of qualified immunity protects public officials from liability for civil damages ‘insofar as their conduct does not violate clearly established 6  Case: 24-30232 … right; and (2) whether the right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.”

In re: Martha Sewell

180 F.3d 707 · Court of Appeals for the Fifth Circuit · Jul 27, 1999

Prominent among such twin provisions is the requirement that an ERISA employee pension benefit plan contain a restriction on alienation of the beneficial interests of the participants in the plan.11 Clearly, an ERISA plan … As Judge Easterbrook went on to observe, “Subchapter I of ERISA covers every ‘employee benefit plan’ established by an employer engaged in interstate commerce, with five exceptions.”19 Like the plan sponsor in Baker, Home

United States v. John Henry McDuffie

542 F.2d 236 · Court of Appeals for the Fifth Circuit · Nov 10, 1976

This qualifier was held to have cured the otherwise erroneous portions of the instructions. Here the same qualifier was given verbatim in the instruction. … The procedure that should have been employed is well established.

Crown Zellerbach Corp. v. Ingram Industries, Inc.

783 F.2d 1296 · Court of Appeals for the Fifth Circuit · Mar 5, 1986

The nonliability is an absolute immunity, an immunity extended to each of the respective classes and to all of the members of each class. … To obtain the benefit of the Act the owners must establish a right to it.