Case law

Robert Gissendanner v. Louie L. Wainwright, Samuel Choice v. Louie L. Wainwright, John Forest Smalley v. Louie L. Wainwright

482 F.2d 1293 · Court of Appeals for the Fifth Circuit · Jul 17, 1973

The effect of such a holding would be, of course, either to confer an immunity from prosecution bn every person whose name was thus initially revealed or to impose on the prosecution not just the burden of establishing beyond … Under the version of the facts as relayed by Officer Elliott the statement was clearly admissible.

Horton & Horton, Inc. v. T/S J. E. Dyer

428 F.2d 1131 · Court of Appeals for the Fifth Circuit · Jul 13, 1970

The District Judge, therefore, decided that the holding in Halcyon was limited to cases where the joint tort-feasor against whom contribution was sought *1134 was immune from tort liability by statute. … In his written opinion the District Judge has adequately set forth the facts which establish the basis of his findings after having had the opportunity to hear and observe the witnesses, appraise their credibility, and weigh

Department of Highways of Louisiana v. Morse Bros & Associates, Inc

211 F.2d 140 · Court of Appeals for the Fifth Circuit · Mar 12, 1954

that said Board "* *• * shall have and 'enjoy all the rights, powers and immunities incident' to' corporations.” … It is therefore clearly demonstrated that a formal putting in default or demand that the Department of Highways provide the rights-of-way in the face of the conditions and course pursued by it, would have been a useless gesture

Burns Miley, Jr. v. Delta Marine Drilling Company

473 F.2d 856 · Court of Appeals for the Fifth Circuit · Feb 28, 1973

Miley asserts clearly constitutes an over-reaching of judicial propriety. Our attention is called to the following dialogue wherein Mr. … The defendant Delta sufficiently met its affirmative burden of establishing the defense of contributory negligence to withstand the motions for directed verdict and judgment notwithstanding verdict. *859 We have carefully

Leggett v. Williams

277 F. App'x 498 · Court of Appeals for the Fifth Circuit · May 8, 2008

Leggett contends that the magistrate judge erred when he granted the defendants qualified immunity. … officials violated clearly established law.

2 Fair empl.prac.cas. 67, 2 Empl. Prac. Dec. P 10,061 United States of America, by John N. Mitchell, Attorney General v. Hayes International Corporation

415 F.2d 1038 · Court of Appeals for the Fifth Circuit · Aug 19, 1969

The motion for preliminary injunction clearly set forth the government's theory as to what established the pattern or practice of resistance and the impact on that of the changed events. … Whenever a qualified Negro employee is discriminatorily denied a chance to fill a position for which he is qualified and has the seniority to obtain, he suffers irreparable injury and so does the labor force of the country

Federal Savings & Loan Insurance v. Cribbs

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. … As the holder in due course of the C-10 note, CFB is immunized from the personal affirmative defenses posited by Cribbs. *560 Cribbs’ third assignment of error, that CFB as a private entity and assignee of the FSLIC, is not

Sisk v. Levings

868 F.2d 159 · Court of Appeals for the Fifth Circuit · Mar 21, 1989

Madison city officials were acting in their legislative or executive capacities in instituting the derivative action against the Bear Creek Directors and whether the Madison city officials should be accorded absolute or qualified … immunity for their actions.

Crawford v. Cain

122 F.4th 158 · Court of Appeals for the Fifth Circuit · Nov 22, 2024

This was a violation of clearly established federal law. … what Ake itself clearly established.

Cyr v. City of Dallas, TX

114 F.3d 1180 · Court of Appeals for the Fifth Circuit · Apr 7, 1997

We apply the well-known two-part analysis in addressing qualified immunity claims: (1) whether the plaintiffs alleged the violation of a clearly established constitutional right; and (2) whether the … defendants’ conduct was objectively reasonable when examined by reference to clearly established law.

Taylor Bell v. Itawamba County School Board

774 F.3d 280 · Court of Appeals for the Fifth Circuit · Dec 12, 2014

For the same reason, we affirm the district court’s alternative holding that qualified immunity bars Taylor Bell's suit against the individual defendants. … immunity and plaintiff's claim against school officials in their official capacity was waived because plaintiff failed to brief the issue). .

Williams v. City of Amory MS

245 F. App'x 334 · Court of Appeals for the Fifth Circuit · Apr 5, 2007

As the plaintiff recognizes, the doctrine of qualified immunity protects all but the plainly incompetent or those who knowingly violate the law. Malley v. Briggs, 475 U.S. 335, 341 (1986). … The officer’s failure to recognize and act on William’s medical condition was at most negligent and therefore not sufficiently aberrant to overcome the defense of qualified immunity.

Pierce v. Hobart Corp.

939 F.2d 1305 · Court of Appeals for the Fifth Circuit · Sep 3, 1991

The Berry court established a three-step analysis: (1) Is the contract work specialized? … Considering the sweeping change this amendment makes in our prior law, I think it is clearly substantive and should not be applied retroactively. .

Westwego Citizens for Better Government v. City of Westwego, a Municipal Corporation Organized Pursuant to the Laws of the State of Louisiana

872 F.2d 1201 · Court of Appeals for the Fifth Circuit · May 8, 1989

I hear the argument that they don’t run because they can’t win, and I’m not immune to that; I understand it. … Following our decision in Citizens for a Better Gretna , the district court should decide whether this evidence qualifies as a sufficiently “local appraisal” to establish some degree of racial bloc voting by Westwego’s voters

Dwight Sullivan v. Stephanie Deramcy

460 F. App'x 374 · Court of Appeals for the Fifth Circuit · Feb 10, 2012

Case: 10-41202 Document: 00511754628 Page: 3 Date Filed: 02/10/2012 No. 10-41202 constitutional right was clearly established at the time of the alleged misconduct. … A review of the record reveals that the district court did not err in rejecting Sullivan’s claims and granting the defendants summary judgment based on their Eleventh Amendment immunity and qualified immunity from suit.

Gebr. Bellmer Kg., Cross-Appellee v. Terminal Services Houston, Inc., Cross-Appellant

711 F.2d 622 · Court of Appeals for the Fifth Circuit · Aug 8, 1983

In addition, TSHI submits that the finding of exclusive negligence on its part is clearly erroneous as contrary to the weight of the evidence. … Shipper established a prima facie case. TSHI did not carry the burden of answering the prima facie case.

Pederson v. LA State University

Court of Appeals for the Fifth Circuit · Jun 1, 2000

. § 1983 claims against defendants Davis and Dean in their individual capacities on the basis of qualified immunity, and also dismissed the remaining § 1983 and Fourteenth Amendment claims. … immunity.’”

Nicole Burton v. Freescale Semiconductor, Inc., et

798 F.3d 222 · Court of Appeals for the Fifth Circuit · Aug 10, 2015

“The ADA prohibits an employer from discriminating against a ‘qualified individual with a disability on the basis of that disability.’” E.E.O.C. v. … Burton points out that she worked an additional six months after the incident, meaning it was “clearly not a sufficient justification for her termination.”

Wilkerson v. United States

67 F.3d 112 · Court of Appeals for the Fifth Circuit · Oct 23, 1995

II We review the district court's findings of fact under the clearly erroneous standard. Barrett v. United States, 51 F.3d 475, 478 (5th Cir.1995) (citing Robicheaux v. … The United States is immune from suit except as it waives its sovereign immunity. FDIC v. Meyer, --- U.S. ----, ----, 114 S.Ct. 996, 1000, 127 L.Ed.2d 308 (1994); United States v.

2 Fair empl.prac.cas. 356, 2 Empl. Prac. Dec. P 10,166 Pete Gomez v. Florida State Employment Service

417 F.2d 569 · Court of Appeals for the Fifth Circuit · Oct 9, 1969

The state action necessary under § 1983 clearly exists as to the employees of the Florida State Employment Agency and the Lee County Sanitarian, Mr. Cooper. … City of Greenwood, 1964, 384 U.S. 808 , 86 S.Ct. 1800 , 16 L.Ed.2d 944 , clearly indicated that § 1983 was applicable when statutory, as well as, constitutional “rights, privileges and immunities” were involved.