Case law

United States v. Henry Chaplinski

579 F.2d 373 · Court of Appeals for the Fifth Circuit · Sep 1, 1978

On appeal, he first contends that the District Court should have excluded the cocaine from the trial on the grounds that it was seized after an illegal search and that the Government had failed to establish a sufficient chain … Furthermore, the combination of a strong odor of glue with suitcase walls of an unusual thickness clearly provided a reasonable suspicion that contraband was present, and fully supported the agent’s action in cutting the

United States v. Patterson

206 F.2d 345 · Court of Appeals for the Fifth Circuit · Aug 25, 1953

At intervals of 40 chains he established corners, setting off a total of 18 tiers of land lots of equal size. … A witness for the Government testified that he, as a qualified surveyor employed by the United States Forestry Service, surveyed the 26th District and found that the actual distance between its west and east boundaries is

United States v. Shelton Barnes

979 F.3d 283 · Court of Appeals for the Fifth Circuit · Oct 28, 2020

Collectively, this evidence more than sufficiently establishes the elements of conspiracy. … The evidence did not qualify for admission under Rule 803(4).

William Wood Turner, Jr. v. Casper W. Weinberger, Secretary of Defense

728 F.2d 751 · Court of Appeals for the Fifth Circuit · Apr 2, 1984

One such inducement was the establishment of Variable Incentive Pay (“VIP”) under 37 U.S.C. § 313 (1976). … The class also attempts to establish a clear right to the incentive payments by arguing that the regulations are unconstitutional.

King v. St of LA Dept of Pub

294 F. App'x 77 · Court of Appeals for the Fifth Circuit · Sep 23, 2008

Here, the allegations against Cain, Edmisten, and Reed fail to overcome qualified immunity. … In sum, there are no allegations and no summary judgment evidence to overcome Cain’s claim of qualified immunity.

Tebo v. Tebo

550 F.3d 492 · Court of Appeals for the Fifth Circuit · Nov 25, 2008

The brothers clearly were not her guardians. … Bush is entitled to this statutory immunity. b. Dr. Holbrook Dr. Holbrook does not argue that he is entitled to the immunity for public employees.

Jeffrey Todd Dean v. The City of Shreveport

438 F.3d 448 · Court of Appeals for the Fifth Circuit · Jan 25, 2006

passing the Civil Service Exam established the percentage of blacks in the qualified labor pool. … We fail to understand how passing scores conclusively establish the demographics of the qualified applicant pool if passing scores mean nothing with respect to predicting the quality of future firefighters.

Chausmer v. Campbell

132 F.3d 1456 · Court of Appeals for the Fifth Circuit · Dec 5, 1997

To the extent that the denial of summary judgment, based on a defendant’s assertion of qualified immunity, turns on an issue of law, we have jurisdiction despite the absence of a final judgment. … We conclude that Chausmer failed to allege the violation of a cognizable interest under the Due Process Clause, let alone alleging the violation of clearly established constitutional law.

Weisshaus v. Teichelman

Court of Appeals for the Fifth Circuit · Feb 14, 2024

Teichelman filed a motion for summary judgment asserting qualified immunity, which the district court granted, holding Plaintiff could not establish that Teichelman violated clearly established law. … Clearly Established “If the defendant's actions violated a clearly established constitutional right” courts examine “whether qualified immunity is still appropriate be- cause the defendant's actions were objectively

Justin Smith v. Kaufman Cty Shrf Off

510 F. App'x 322 · Court of Appeals for the Fifth Circuit · Jan 31, 2013

“First, the district court decides that a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law. … established law.”

Weiser v. Castille

Court of Appeals for the Fifth Circuit · Jul 18, 2023

Analysis To overcome qualified immunity, Deborah is required to demonstrate that: (1) the city officials violated one of her statutory or constitutional rights; and (2) the right was “clearly established” … for the harm [s]he has alleged and that defeat a qualified immunity defense with equal specificity.”).

United States v. Nicholas Schofield

802 F.3d 722 · Court of Appeals for the Fifth Circuit · Sep 23, 2015

. §§ 16901–16962, establishes a national sex offender registry “to protect the public from sex offenders and offenders against children.” 42 U.S.C. § 16901. … The offense of conviction clearly includes the first element of the SORNA residual clause—that the victim be a minor.

Jose Iruegas-Valdez v. Loretta Lynch

846 F.3d 806 · Court of Appeals for the Fifth Circuit · Jan 23, 2017

On appeal, the BIA affirmed the IJ’s decision, specifically holding that Iruegas-Valdez had “not established that [the IJ’s] adverse credibility determination [was] clearly erroneous.” … To qualify under CAT, the pain or suffering in question must be inflicted “by or at the instigation of or with the consent or acquiescence of a public official or other person acting in an official capacity.”

John T. Lemay and Yvonne P. Lemay v. Commissioner of Internal Revenue

837 F.2d 681 · Court of Appeals for the Fifth Circuit · Feb 4, 1988

DISCUSSION Section 911(a)(1), as in effect in 1982, permitted a “qualified individual” to exclude from gross income for tax purposes up to $75,000.00 of foreign earned income. 2 The Code defines a “qualified individual” as … While an exact definition of ‘abode’ depends upon the context in which the word is used, it clearly does not mean one’s principal place of business.

Lonnie Creel, Jr. v. Frank E. Freeman, Walker County Board of Education, Etc.

531 F.2d 286 · Court of Appeals for the Fifth Circuit · Aug 12, 1976

The chairman of the board shall be a resident and qualified voter of any district or beat in the county . . . . He shall be nominated and elected by the qualified voters of the entire county Section 3. … by the qualified electors of district three; and one member shall be nominated and elected by the qualified electors of district four.

Amber Ard v. Steve Rushing

597 F. App'x 213 · Court of Appeals for the Fifth Circuit · Dec 29, 2014

as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.’” … “The two-part inquiry into qualified immunity is first ‘whether a constitutional right would have been violated on the facts alleged,’ and second ‘whether the right was clearly established’ at the time of violation. Id.

PYCA Industries, Inc v. Harrison Cty Waste

Court of Appeals for the Fifth Circuit · May 3, 1996

This language, clearly targeted at libel and slander actions, is not invoked by the allegations recounted in PYCA's tortious interference claim. … However, PYCA's authority relates to qualified immunity for government actors, not sovereign immunity for the state, and is thus distinguishable. See West, 642 So.2d at 920; Grantham, 522 So.2d at 225.

Federal Savings and Loan Insurance Corporation, as Receiver for Commodore Savings Association v. R. Judd Cribbs, Etc., Consolidated Federal Savings Bank, Intervenor-Appellee v. R. Judd Cribbs, Etc.

918 F.2d 557 · Court of Appeals for the Fifth Circuit · Dec 7, 1990

The district court is in the best position to determine such relationships, and its determination will be overturned only if clearly unreasonable. 6 In the instant case, CFB's claim against Cribbs is clearly distinguishable … As the holder in due course of the C-10 note, CFB is immunized from the personal affirmative defenses posited by Cribbs. 8 Cribbs' third assignment of error, that CFB as a private entity and assignee of the FSLIC, is not

Salts v. Epps

676 F.3d 468 · Court of Appeals for the Fifth Circuit · Mar 29, 2012

The state court’s denial of the Saltses’ claim was contrary to clearly established law. … established Federal law, as determined by the Supreme Court of the United States,' or (2) 'involved an unreasonable application of ... clearly established Federal law, as determined by the Supreme Court of the United States

Jack H. Bassett v. The Texas & Pacific Railway Company, and System Federation No. 121 of Railway Employees' Department, A.F. Of l.-c.i.o.

258 F.2d 819 · Court of Appeals for the Fifth Circuit · Aug 18, 1958

In employing carmen the defendant railway has and regularly exercised the right of selection among qualified applicants. “15. … absence during his period of training and service in the armed forces, shall he so restored without loss of seniority, shall be entitled to participate in insurance or other benefits offered by the employer pursuant to established