Case law

Connors v. Halupis

Court of Appeals for the Fifth Circuit · Jun 3, 2021

To rebut the assertion of qualified immunity on summary judgment, Connors was required to establish that the “allegedly wrongful conduct violated clearly established law and that genuine issues of material fact exist … The question for us on appeal is not whether the factual dispute identified by the district court is genuine, but whether it is material to the qualified immunity inquiry. Amador, 961 F.3d at 726.

Mary Juanita Sellers v. Delgado College

902 F.2d 1189 · Court of Appeals for the Fifth Circuit · Jun 27, 1990

For the entire year, Sellers submitted only nine job applications, two of which the magistrate found were for jobs she was clearly not qualified for by training and experience. *1195 Her only employment consisted of working … The magistrate found, however, that she applied for some jobs, such as paralegal and a staff assistant to design and implement an accounting system, for which she clearly was not qualified by training and experience, and

Kuwait Pearls Catering Co., WLL v. Kellogg Brown & Root Services, Inc.

853 F.3d 173 · Court of Appeals for the Fifth Circuit · Mar 27, 2017

It maintains, additionally, KBR is not entitled to derivative sovereign immunity. … KBR contends it is entitled to immunity under this doctrine, while KPCC asserts the doctrine does not protect KBR.

Ramirez v. Sloss

615 F.2d 163 · Court of Appeals for the Fifth Circuit · Apr 7, 1980

These findings are not complete or accurate even when judged by the clearly erroneous standard. Hinojosa’s testimony established that he instructed Ramirez “it was city policy to hire U.S. citizens.” … THE INDIVIDUAL PRIMA FACIE CASE The district court’s conclusions of law are of course unfettered by the clearly erroneous rule.

McNeily v. United States

6 F.3d 343 · Court of Appeals for the Fifth Circuit · Nov 10, 1993

However, it alleges that Wescot served as the Income Fund's "independent qualified advisor" in connection with all six March/April purchases. In addition, Thomas C. … In any event, these allegations are vague and too conclusory to break down the sovereign immunity of the United States.

Guillory v. Cain

303 F.3d 647 · Court of Appeals for the Fifth Circuit · Aug 26, 2002

The state did not contend that census figures could not serve as a base in establishing a prima facie case of discrimination. … IV We review findings of fact by the standard of clearly erroneous and questions of law de novo.

Robinson v. Kimbrough

620 F.2d 468 · Court of Appeals for the Fifth Circuit · Jun 30, 1980

There are no issues on this appeal concerning the defendants’ individual liability or their right to a qualified immunity defense. … Since there are no findings by the trial court on the availability of the affirmative defense of qualified immunity, this Court declines to decide the issue in the first instance without the assistance of the district court

Ronald Edwards v. Eastland County Jail

476 F. App'x 325 · Court of Appeals for the Fifth Circuit · May 16, 2012

However, when, as here, the defendants have asserted qualified immunity in a summary judgment motion, “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.”

Randolph v. E Baton Rouge Prsh Sch Sys

19 F.4th 749 · Court of Appeals for the Fifth Circuit · Nov 30, 2021

Randolph timely appealed. 3 This number was either $480 or $490; it was not clearly established in the record below. 4 Randolph, 774 F. … Following a bench trial, we review a district court’s findings of fact for clear error and its conclusions of law de novo.6 Factual findings are clearly erroneous when, although there is evidence to support the finding

Stanford v. Commissioner

152 F.3d 450 · Court of Appeals for the Fifth Circuit · Sep 3, 1998

“A finding is ‘clearly erroneous’ when although there is evidence to support it, the reviewing court on the entire evidence is left with the definite and firm conviction that a mistake has been committed.” Id. … Failing establishing his (Failing’s) (a) expertise in tax law and (b) the reasoning he followed to reach the tax position advanced on the Stanfords' joint return.

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.

Vizaline, L.L.C. v. Sarah Tracy, P.E., et a

949 F.3d 927 · Court of Appeals for the Fifth Circuit · Feb 14, 2020

Vizaline does not “establish or purport to establish metes and bounds descriptions of property,” “locate control monuments[,] or measure items that are not defined within the legal description.” … Nor does it “locate, relocate, establish, reestablish, lay out[,] or retrace any property boundary or easement.”

27 Fair empl.prac.cas. 1352, 28 Empl. Prac. Dec. P 32,413 Placido Rivera, Richard Gonzales, Intervenors-Appellants v. The City of Wichita Falls

665 F.2d 531 · Court of Appeals for the Fifth Circuit · Jan 11, 1982

This substantially higher failure rate for class members is clearly statistically significant. 7 *537 The plaintiffs’ success was, however, short-lived. … The criterion against which BOLPO scores were here compared was a ranking of police officers by their immediate supervisor from best qualified to least qualified.

Named Individual Members of the San Antonio Conservation Society v. The Texas Highway Department

496 F.2d 1017 · Court of Appeals for the Fifth Circuit · Aug 29, 1974

The federal-aid highway program was established by Congress and there is no reason apparent why it cannot decide which roads of the nation shall be included in the system. … The state defendants respond that sovereign immunity of the State of Texas by virtue of the Eleventh Amendment to the Constitution has also immunized them from an award of attorneys’ fees. The recent case of Edelman v.

Jimmy F. Beare v. Dolph Briscoe, Governor of Texas

498 F.2d 244 · Court of Appeals for the Fifth Circuit · Jul 31, 1974

The evidentiary record below establishes that an entire class, otherwise willing to register, are unable to do so as the direct result of the challenged laws. … It cannot be ascribed as a voluntary choice on their part since the statistical evidence clearly showed that the Texas laws rendered it impossible for a substantial percentage of otherwise qualified voters to register.

Lewis v. National Labor Relations Board

750 F.2d 1266 · Court of Appeals for the Fifth Circuit · Jan 18, 1985

In establishing an inference of discrimination from statistical evidence the “required comparison [is] to a qualified pool of employees presumptively eligible for promotion.” Id. at 803 (emphasis added). … It cannot be said that, in doing so, the district court clearly erred. Lewis therefore failed to establish retaliation for his previous Title VII activity.

Albert Autry v. Fort Bend Independent Sch Dist

704 F.3d 344 · Court of Appeals for the Fifth Circuit · Jan 7, 2013

Under that framework, a plaintiff challenging a failure to promote must first establish a prima facie case, demonstrating that (1) he was not promoted, (2) he was qualified for the position he sought, (3) he fell within a … In the Title VII failure-to-promote context, we have found pretext on a showing that the unsuccessful employee was “clearly better qualified” than the successful candidate.6 Here, though Autry’s qualifications

Orellana v. Kyle

65 F.3d 29 · Court of Appeals for the Fifth Circuit · Aug 14, 1995

Allen, 482 U.S. 369, 107 S.Ct. 2415 (1987), it is difficult to see that any other deprivations in the prison context, short of those that clearly impinge on the duration of confinement, will henceforth qualify for constitutional … "Neither absolute nor qualified immunity extends to suits for injunctive or declaratory relief under § 1983." Chrissy F. by Medley v. Miss. Dep't of Pub. Welfare, 925 F.2d 844, 849 (5th Cir. 1991).

In Re Grand Jury Proceedings. In the Matter of Andrew C. Pavlick. Appeal of United States of America

663 F.2d 1057 · Court of Appeals for the Fifth Circuit · Dec 11, 1981

Thereafter the three were granted immunity, brought *1059 before a federal grand jury, and questioned about the drug transaction, including questions about the identity of other co-conspirators. … Capsulating, the identity of a person who seeks the advice of a qualified attorney, on a matter which includes that person’s potential criminal exposure, where the mere disclosure of the person’s identity would tend to incriminate

State of Mississippi v. AU Optronics Corporation

701 F.3d 796 · Court of Appeals for the Fifth Circuit · Nov 21, 2012

This conclusion brings us to the more difficult question: whether this suit qualifies-as a “mass action” under the CAFA. … This argument fails to account for the precise nature of the injury in this case and thus also fails to establish the State as the sole party in interest.