Case law

George Webb v. Lincoln Parish Sheriffs Office, et

Court of Appeals for the Fifth Circuit · Sep 11, 2020

Deputy Sheriffs . . . were actions not only afoul of the First Amendment but, as of 1993, so ‘clearly established’ as to negate the defense of qualified immunity.”); Vojvodich v. … The district court did not err by holding that the law was clearly established.

Mi Familia Vota v. Greg Abbott, Governor, e

977 F.3d 461 · Court of Appeals for the Fifth Circuit · Oct 14, 2020

Suspend the requirement that curbside voters must qualify as having a disability or, alternatively, order that any voter may identify as “disabled” due to the threat that the coronavirus poses to … There is no sovereign immunity with respect to the Voting Rights Act claims.

James E. Clark, Cross-Appellee v. Golden Rule Insurance Co., Cross-Appellant

887 F.2d 1276 · Court of Appeals for the Fifth Circuit · Dec 12, 1989

Expert medical testimony established that current standards recommend that these levels not exceed 200. … Once again, the district court was not clearly erroneous.

Eddie Brown v. April Megg

857 F.3d 287 · Court of Appeals for the Fifth Circuit · May 15, 2017

That Woodall may have made a dismissive comment or gotten the diagnosis wrong does not establish that he “refused to treat [Brown], ignored his complaints, intentionally treated him incorrectly, or engaged in any similar … conduct that would clearly evince a wanton disregard for any serious medical needs.”

Hess v. Schlumberger

26 F.4th 229 · Court of Appeals for the Fifth Circuit · Feb 7, 2022

Second, Hess believes that because “substantially the same” was used to qualify the relationship between the two sets of drawings (of the original qualified equipment and the new produced equipment), its absence … The only question, then, is whether the district court’s factual findings were clearly erroneous. b.

United States v. Hearod

499 F.2d 1003 · Court of Appeals for the Fifth Circuit · Aug 26, 1974

The doctor’s testimony here was clearly relevant to a determination of the existence and cause of the injuries. These issues remained present in the case despite defendant’s opening admission. See United States v. … Section 242 provides : “Whoever, under color of any law, statute, ordinance, regulation, or custom, willfully subjects any inhabitant of any State, Territory, or District to the deprivation of any rights, privileges, or immunities

Fitts v. Crain

108 F. App'x 865 · Court of Appeals for the Fifth Circuit · Aug 18, 2004

immunity without first ordering her to file either a statement of facts or a reply tailored to the defendants’ qualified-immunity defense. … In examining a claim of qualified immunity, the first step is to ascertain whether the plaintiff has alleged the violation of a clearly established federal constitutional right. Siegert v.

Roberts v. Lessard

Court of Appeals for the Fifth Circuit · Jan 20, 2021

immunity protects officers from suit unless their conduct violates a clearly established constitutional right.” 6 After an official asserts qualified immunity, “the burden then shifts to the plaintiff, who must rebut … the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law.” 7 When review- ing a motion for summary judgment based on qualified immunity

Cotton v. Hinton

559 F.2d 1326 · Court of Appeals for the Fifth Circuit · Sep 30, 1977

Of course, as the decree provides, full discovery will be available with respect to the establishment of any class members’ back pay claim. … The prerequisite qualification jobs, necessary prerequisite jobs and qualifying tenure are as follows: Critical Job Prerequisite Experience Qualifying Tenure 1.

Dawes v. City of Dallas

Court of Appeals for the Fifth Circuit · Jun 10, 2026

A prior panel of our court affirmed the district court’s grant of qualified immunity to the individual officers on the ground that the law was not clearly established. Dawes v. … El Paso County Hospital District, 891 F.3d 214, 222 (5th Cir. 2018), reasoning that plaintiffs could not establish deliberate indifference—and thus could not sustain their failure-to-train claim—absent clearly established

Charles I. Dorsett v. Board of Trustees for State Colleges & Universities

940 F.2d 121 · Court of Appeals for the Fifth Circuit · Aug 26, 1991

We need not consider this argument, however, because Dorsett has failed to establish either a first amendment claim or an equal protection claim. … Similarly, since Dorsett has failed to establish any valid claim, we need not consider whether the defendants may assert the defense of qualified immunity.

Correa v. Fischer

Court of Appeals for the Fifth Circuit · Feb 9, 1993

In analyzing the merits of Fischer's motion for summary judgment on the basis of qualified immunity we must first determine whether the plaintiffs have sufficiently established a violation of a constitutional right. … If a constitutional violation is established, we must determine whether the right was clearly established at the time the violation occurred. Siegert v. Gilley, 111 S.Ct. 1789, 1793 (1991).

Frances C. Prater v. United States

612 F.2d 157 · Court of Appeals for the Fifth Circuit · Feb 20, 1980

. § 1347 (1976). 2 But before Prater can seek to partition land under this statute, she must clearly establish tenancy in common or joint tenancy. … Section 2409a, which was enacted contemporaneously with section 1346(f), waives sovereign immunity in all suits to “adjudicate a disputed title to real property.”

United States v. Michael Watson, United States of America v. Lennox Campbell

988 F.2d 544 · Court of Appeals for the Fifth Circuit · Apr 5, 1993

Theodore testified that they understood the plea agreement to imply a grant of use immunity for the information Campbell would reveal. The scope of the immunity had to be worked out, and Mr. … Campbell bore the burden of proving the underlying facts establishing a breach by a preponderance of the evidence. United States v.

Dickerson ex rel. Dickerson v. United States

280 F.3d 470 · Court of Appeals for the Fifth Circuit · Jan 16, 2002

Waiver of sovereign immunity, therefore, is a jurisdictional prerequisite to being sued. … United States, 863 F.2d 149, 172-73 (1st Cir.1988), has interpreted this to mean that the two prongs establish a subjective and an objective test. 5 Though this fact by itself is not and should not be determinative, combined

Certain Underwriters at Lloyd's v. Warrantech Corp.

461 F.3d 568 · Court of Appeals for the Fifth Circuit · Aug 17, 2006

Airbus Industrie is illustrative. 49 There, prior to remanding the matter to state court, the district court determined that the defendants did not qualify for foreign sovereign immunity, the basis for removal. 50 We held … First, we lack jurisdiction to review the district court’s remand order as the district court did not “clearly and affirmatively” state a non-§ 1447(c) ground for remand.

Port of Corpus Christi Auth. v. Sherwin Alumina Co. (In Re Sherwin Alumina Co.)

932 F.3d 404 · Court of Appeals for the Fifth Circuit · Aug 6, 2019

The bankruptcy court dismissed the claims of fraud and sovereign immunity, and denied dismissal of the due-process claim and leave to amend. … Congress has the power to establish “uniform Laws on the subject of Bankruptcies throughout the United States.” 9 The Supreme Court has read the Clause “to authorize limited subordination of state sovereign immunity in the

Dudley v. Johnson

99 F.3d 1134 · Court of Appeals for the Fifth Circuit · Sep 19, 1996

A government official is entitled to summary judgment on qualified immunity grounds in a § 1983 suit if he can establish as a matter of law that it was objectively legally reasonable for him to believe that his actions … did not violate a clearly established legal right.

Joyce Johnson and Robert Bandy, Administrators of the Estate of Leport Walton, Deceased v. Chapel Hill Independent School District

853 F.2d 375 · Court of Appeals for the Fifth Circuit · Aug 30, 1988

A plaintiff can establish a prima facie case, however, by producing evidence of disparate treatment alone. Id. … Walton was a competent, experienced teacher and is clearly erroneous.

Austin v. United States

208 F.2d 420 · Court of Appeals for the Fifth Circuit · Nov 24, 1953

You are, therefore, instructed that there is no dispute about this fact and that it is clearly established by all of the evidence, even the admission of each of the defendants.” … doubt that the defendants, both or either of them, are guilty as charged in the indictment then it will be your duty to qualify or not qualify your verdict with the words ‘without capital punishment’, being the exact words