Case law

Ruben Navarro v. City of San Juan, Texas, e

624 F. App'x 174 · Court of Appeals for the Fifth Circuit · Aug 27, 2015

Each of the remaining individual defendants asserted the defense of qualified immunity. “When properly applied, [qualified immunity] protects all but the plainly incompetent or those who knowingly violated the law.” … “Qualified immunity shields federal and state officials from money damages unless a plaintiff pleads facts showing (1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established

Lake Eugenie Land Development v. BP Exploration & Production, Inc.

793 F.3d 479 · Court of Appeals for the Fifth Circuit · Jul 16, 2015

That settlement agreement established a fund and an elaborate multi-tiered claims process. … Immediately appealable orders include: those rejecting absolute immunity or qualified immunity; denying a state’s claim to Elev *485 enth Amendment immunity; and — in the criminal context — a defendant’s adverse ruling on

Sanchez v. Smart Fabricators of TX

997 F.3d 564 · Court of Appeals for the Fifth Circuit · May 11, 2021

The Second Circuit concluded that as a matter of law, Volk did not qualify as a seaman under the Jones Act. Id. at 368. … Therefore, Sanchez is clearly not barred from obtaining coverage under the Jones Act as a seaman simply because he was a ship repairer.

White v. Boyte

116 F.3d 1478 · Court of Appeals for the Fifth Circuit · May 23, 1997

This discretion entitles a sheriff to qualified immunity so long as he does not 4 government officials who are sued for damages in a civil action enjoy qualified immunity from tort … Clearly, Boyte’s duties respecting maintenance of jail safety were discretionary, not ministerial.

Planned Parenthood of Gulf Coast, Inc. v. Gee

862 F.3d 445 · Court of Appeals for the Fifth Circuit · Jun 29, 2017

This argument ignores the well-established principle that a threatened injury may be sufficient to establish standing. 11 As LDHH itself says, “[threatened injury must be certainly impending to constitute injury in fact.” … A plaintiff seeking a preliminary injunction must clearly show (1) a substantial likelihood that he will prevail on the merits, (2) a substantial threat that he will suffer irreparable injury if the injunction is not granted

Airoldi v. Hisle

Court of Appeals for the Fifth Circuit · May 31, 1996

The district found that Hisle was not entitled to qualified immunity due to the existence of material issues of fact. … whether the federal right allegedly 2 infringed was clearly established.

Mylett v. Mullican

Court of Appeals for the Fifth Circuit · Jun 1, 1993

The essential question before us is whether, as a matter of sound policy, the Commissioners should be afforded absolute or qualified immunity. 41 Cleavinger v. … a subpoena so as to deny Mylett the benefit of testimony is insufficient to overcome qualified immunity.49 C.

Manning v. Hayes

212 F.3d 866 · Court of Appeals for the Fifth Circuit · May 19, 2000

benefits of her former spouse, who remarried prior to death, was completely preempted by contrary provisions of ERISA that were plainly intended to provide an income stream to surviving spouses that was both inalienable and immune … The principles at work in Boggs are clearly inapplicable in this case.

Mary Spearman v. Viva Spearman

482 F.2d 1203 · Court of Appeals for the Fifth Circuit · Aug 13, 1973

Unless the second wife then can establish *1206 that her husband’s first marriage has been dissolved, the first wife qualifies as the “lawful widow.” B. … This finding is not clearly erroneous, and must remain undisturbed under Rule 52(a), Fed.R.Civ.P.

Salazar-Regino v. Trominski

415 F.3d 436 · Court of Appeals for the Fifth Circuit · Jun 30, 2005

immunity, a well-established general legal rule that trumps the new rule of law, which general rule reflects both reliance interests and other significant policy justifications, or (4) a principle of law, such as that of … general legal rule that trumps the hew rule of law, which general rule reflects both reliance interests and other significant policy justifications” as in the law of qualified immunity.

Stephen Walker v. Michael Savers

658 F. App'x 720 · Court of Appeals for the Fifth Circuit · Aug 4, 2016

immunity alters the usual burden of proof for summary judgment. 12 Once an official pleads the defense, the burden shifts to the plaintiff to rebut the defense by establishing that the official’s conduct violated clearly … established law and that a genuine issue of material fact exists regarding the reasonableness of the official’s conduct. 13 Although the plaintiff has the burden of negating qualified immunity at the summary judgment stage

Engle v. Lumpkin

33 F.4th 783 · Court of Appeals for the Fifth Circuit · May 12, 2022

Cockrell, 343 F.3d 746, 752 (5th Cir. 2003), we elect to address both issues here “in order to provide clarity and guidance” for officials and courts going forward—as we often do in cases involving qualified immunity … , despite enjoying “discretion to leapfrog the merits and go straight to whether the alleged violation offended clearly established law,” Joseph v.

Melvin WALTHER, Plaintiff-Appellee, v. LONE STAR GAS COMPANY, Defendant-Appellant

952 F.2d 119 · Court of Appeals for the Fifth Circuit · Jan 30, 1992

Nevertheless, a plaintiff can take his case to a jury with evidence that he was clearly better qualified than younger employees who were retained. Id. … If an older, *124 terminated employee establishes that several such vacancies were filled by younger, less qualified transfers, this is at least some evidence that age discrimination has occurred.

Victoria W. v. Larpenter

369 F.3d 475 · Court of Appeals for the Fifth Circuit · Apr 30, 2004

She presents the same arguments she made below, adding that the district court erred in granting summary judgment to Byerly, Spence, and Norman in their individual capacities because the law was clearly established and … immunity.

Dorothy Jean RAY, Plaintiff-Appellant, v. S. David FREEMAN, Aubrey J. Wagner and William L. Jenkins, Defendants-Appellees

626 F.2d 439 · Court of Appeals for the Fifth Circuit · Oct 22, 1980

Judicial claims which serve to amplify, clarify, or more clearly focus earlier EEO complaints are appropriate. … Under McDonnell Douglas, to establish a prima facie case of disparate treatment, Ray must prove: (1) that she belongs to a group protected by Title VII, (2) that she sought and was qualified for a job for which the employer

Turner v. BNSF Railway

138 F.4th 224 · Court of Appeals for the Fifth Circuit · May 14, 2025

Turner’s ADA lawsuit is clearly not precluded. 2 The majority asserts that “nor does [Turner] claim to have passed equivalent tests in the past during his tenure with BNSF Railway.” … On appeal, this court affirmed the district court, concluding that Foreman failed to establish that he was disabled, failed to establish that he was a qualified individual with a disability, and that his requested accommodations

State v. United States

891 F.3d 553 · Court of Appeals for the Fifth Circuit · Jun 1, 2018

As Nevada reminds us, 42 U.S.C. § 10139 does clearly speak of jurisdiction. … Almost all "failure[s] to act" would be ongoing by definition, and would be immunized from the 180-day deadline that Congress provided.

Mrs. Margaret Burnside v. James Byars

363 F.2d 744 · Court of Appeals for the Fifth Circuit · Jul 21, 1966

and to encourage the members of their community to exercise their civil rights. 5 The right to communicate a matter of vital public concern is embraced in the First Amendment right to freedom of speech and therefore is clearly … The establishment of an educational program requires the formulation of rules and regulations necessary for the maintenance of an orderly program of classroom learning.

Kermit Rogers v. Lee County, Mississippi

684 F. App'x 380 · Court of Appeals for the Fifth Circuit · Apr 3, 2017

Resolving the qualified immunity question at summary judgment involves a two-pronged inquiry. … Therefore, they assert their actions were objectively reasonable in light of the clearly established law. . . .

Eric Dressner v. Robert Crowe

564 F. App'x 86 · Court of Appeals for the Fifth Circuit · Apr 17, 2014

The district court, citing disputed fact questions, denied the Defendants’ motions for summary judgment premised on qualified immunity. They seek interlocutory review. We DISMISS. … Here, there is clearly a genuine issue of fact central to the question of whether Evans is entitled to qualified immunity.