Case law

Kenneth Donaldson v. J. B. O'connor, M.D. And John Gumanis, M.D.

493 F.2d 507 · Court of Appeals for the Fifth Circuit · Apr 26, 1974

This in turn requires that, at least for the nondangerous patient, constitutionally minimum standards of treatment be established and enforced. … Instead, we and other courts have applied what the Adamian court called the “good faith for qualified governmental immunity” test, allowing immunity when (1) the officer’s acts were discretionary; and (2) the officer was

Javier Flores v. Mike Pompeo

936 F.3d 273 · Court of Appeals for the Fifth Circuit · Aug 27, 2019

He attempted to establish his presence in Texas by submitting lease documents for the Texas apartments and credit card statements showing purchases in Texas during that time period. … A limitation or condition on the scope of a statute is jurisdictional if Congress “clearly states” that it is jurisdictional. Arbaugh v. Y&H Corp., 546 U.S. 500, 515–16 (2006).

Wesley P. Bernard, Elton Hayes, Rodney Tizeno, Nence Brown, Doris Whitley and Willie Johnson v. Gulf Oil Corp.

890 F.2d 735 · Court of Appeals for the Fifth Circuit · Dec 18, 1989

We decline to establish a bright line cut-off point for the establishment of job-relatedness in testing. In Watson v. … Green, such a plaintiff establishes a prima facie case by showing by a preponderance of the evidence that (a) he belongs to a group protected by Title VII; (b) he was qualified for the job; (c) he was not promoted; and (d

Moreland v. Roscko

254 F. App'x 361 · Court of Appeals for the Fifth Circuit · Nov 14, 2007

Therefore, unless the nurses’ conduct violated “clearly established statutory or constitutional rights of which a reasonable person would have known,” the nurses are entitled to qualified immunity. See Harlow v. … If a plaintiff asserts the violation of a “clearly established constitutional right,” then the court determines whether the defendant’s conduct was “objectively reasonable in light of legal rules clearly established at the

Rodriguez v. East Texas Motor Freight

505 F.2d 40 · Court of Appeals for the Fifth Circuit · Nov 25, 1974

of liability or damages to any class is clearly erroneous. … The district court’s finding to the contrary is clearly erroneous. IV.

Sayegh de Kewayfati v. Bondi

Court of Appeals for the Fifth Circuit · Jan 14, 2026

Texas, 597 U.S. 785, 802 (2022) (recognizing that the term “‘may’ clearly connotes discretion” (emphasis in original) (citation omitted)). … “Where, as here, the district court clearly intend[ed] to effect a final dismissal of a claim, we will construe its order accordingly[.]” Picco v. Glob.

Rew Enterprises, Inc. As Receiver for Federal Land Bank of Jackson v. Premier Bank, N.A., F/k/a Ouachita National Bank, Cross-Appellee

49 F.3d 163 · Court of Appeals for the Fifth Circuit · Apr 27, 1995

Premier argues that while a land bank may be immune from taxation based on its status as a federal instrumentality, that immunity does not insulate it from principles of equitable estoppel. … To qualify as affirmative misconduct, a “party must allege more than mere negligence, delay, inaction, or failure to follow an internal agency guideline.” Fano v. O’Neill, 806 F.2d *170 1262, 1265 (5th Cir.1987).

Washington v. Thomas

Court of Appeals for the Fifth Circuit · Jul 24, 2023

“In deciding an interlocutory appeal of a denial of qualified immunity, we can review the materiality of any factual disputes, but not their genuineness.” Wagner v. … City of Richmond, 287 F.3d 346, 351 (5th Cir.2002) (“An officer challenges materiality when he contends that, ‘taking all the plaintiffs’ factual allegations as true, no violation of a clearly established right was

Johnson v. Raytheon

93 F.4th 776 · Court of Appeals for the Fifth Circuit · Feb 15, 2024

The district court did not address Raytheon’s “absolute immunity” claim, resolving the case in light of Egan instead. … Doe, 486 U.S. 592, 603 (1988), the Supreme Court clarified that Congress must speak clearly when it intends to bar judicial review altogether.

Dalton Vicknair Francis Ann Vicknair v. Formosa Plastics Corporation, Louisiana Harold Deemer

98 F.3d 837 · Court of Appeals for the Fifth Circuit · Oct 18, 1996

. 8 In so *839 doing, the Louisiana Supreme Court cautioned that “[a] totality of the circumstances inquiry is frequently difficult to accomplish on motion for summary judgment.” 9 In sum, the highest court of the state established … To the contrary, the district court analyzed the issue under what was, until Kirkland, clearly governing law, 12 and we have attempted no de novo analysis of the summary judgment evidence under the Kirkland methodology.

Alfredo Valencia v. Cory Davis

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

at a ‘high level 5 The district court briefly addressed step two of the qualified immunity analysis and found that Valencia had alleged a violation of a clearly established right. … Davis is thus entitled to qualified immunity. B.

Lee v. Macon County Board of Education

456 F.2d 1371 · Court of Appeals for the Fifth Circuit · Mar 6, 1972

“In order to establish that a former [principal] was not ‘qualified,’ and therefore not within the protective penumbra of Singleton , a school board would have to establish the [principal’s] lack of ‘qualification’ by means … And in order to fulfill that burden the board would have to establish quite clearly why one who was qualified prior to a desegregation order suddenly became unqualified after the order.” Lee, supra, at 1110.

United States v. Jarrett Vander Smith, Jr., and Daniel Jay Schacht

414 F.2d 630 · Court of Appeals for the Fifth Circuit · May 14, 1969

By way of defending the case in the District Court, Smith and Schacht contended that they qualified to wear parts of the uniform pursuant to 10 U.S.C.A. § 772 (f) (1952) 3 , which permits an actor to wear a military uniform … Congress obviously intended by means of the broad statutory language to invest the court with great discretion to establish conditions which would lead to the defendant’s ultimate acceptance by society. Barnhill v.

Adell Kirkland, as Mother and Next Friend of Libbie Kirkland, an Infant v. George C. Wallace, as Governor of the State of Alabama

403 F.2d 413 · Court of Appeals for the Fifth Circuit · Oct 22, 1968

In my opinion, under established principles of federalism this case calls for impaneling a three-judge district court. … three-judge provisions, despite their bland and technical phrasing, are products of battles between competing politicnl forces over four persistent and significant issues; judicial review, national supremacy, sovereign immunity

United States v. Damon Causey, United States of America v. Paul Hardy, Also Known as P, Also Known as Cool and Len Davis

185 F.3d 407 · Court of Appeals for the Fifth Circuit · Aug 16, 1999

United States, 417 U.S. 211, 223-27 (1974)); and in inquiring whether a right was "clearly established" when applying the qualified immunity rule under 1983 and Bivens v. … The Sixth Circuit erred, the Supreme Court stated, in concluding that due process fair warning under 242 demands more than the "clearly established" qualified immunity test under 1983 or Bivens. Id.

Feliz Talaz Villegas v. Gary L. Johnson, Director, Texas Department of Criminal Justice, Institutional Division

184 F.3d 467 · Court of Appeals for the Fifth Circuit · Sep 14, 1999

Neither AEDPA nor its legislative history explains which state filings qualify as properly filed applications. See S.Rep. No. 104-179 (1995), reprinted in 1996 U.S.C.C.A.N. 924; H.R. Conf. Rep. … So too could Congress have crafted a provision that clearly withheld tolling from prisoners filing in state court successive petitions or petitions containing procedurally barred claims.

The Tonkawa Tribe v. Richards

75 F.3d 1039 · Court of Appeals for the Fifth Circuit · Feb 9, 1996

Ed. 2d 209 (1986); (2) Congress has clearly expressed its intent to abrogate or limit that immunity through its legislative authority, Quern v. Jordan, 440 U.S. 332, 333-34, 99 S. Ct. 1139, 59 L. … The district court found that Congress clearly intended to abrogate the States' Eleventh Amendment immunity when it enacted the Nonintercourse Act and had the power to do so under the Indian Commerce Clause

8 Fair empl.prac.cas. 1246, 8 Empl. Prac. Dec. P 9811 Jesse Rodriguez, Sadrach G. Perez and Modesto Herrera, on Their Own Behalf and on Behalf of Those Similarly Situated v. East Texas Motor Freight, Southern Conference of Teamsters and Teamsters Local657

505 F.2d 40 · Court of Appeals for the Fifth Circuit · Nov 25, 1974

of liability or damages to any class is clearly erroneous. … The district court's finding to the contrary is clearly erroneous. IV.

Moore v. Cockrell

144 F. App'x 397 · Court of Appeals for the Fifth Circuit · Aug 9, 2005

In Kinney, we commented that “before engaging in the inquiry into whether the [prison] official unreasonably violated clearly established law, we should first determine whether the challenged conduct, viewed in the light … If he has not, then the qualified immunity inquiry need go no further.

In Re Ben Carter

618 F.2d 1093 · Court of Appeals for the Fifth Circuit · May 30, 1980

Carter’s complaint clearly alleges tortious conduct under Georgia law, as was established in another appeal during this protracted litigation. Sheet Metal Workers Int’l Ass’n v. … Carter’s complaint clearly meets these standards.