Case law

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.

Magnolia Venture v. MS Dept of Economic

Court of Appeals for the Fifth Circuit · Sep 8, 1998

MDECD argues first that the above language of the venue provision does not clearly waive its Eleventh Amendment immunity. … This authority must be clearly expressed.

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

Eddie Wooten v. McDonald Transit Assoc, Inc.

775 F.3d 689 · Court of Appeals for the Fifth Circuit · Jan 2, 2015

Dist., 564 F.Supp.2d 719, 730-31, 732-34 (SD.Tex.2008) (reasoning that the plaintiff could not establish a prima facie case of ADEA retaliation because “he was not objectively qualified to continue serving” in his position … The default judgment would then be immune from attack on the sufficiency of the pleadings, depriving the defendant of a critical—and longstanding—avenue of relief.

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.”

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.

Juan Fonseca v. Hidalgo County Water Improvement District No. 2

496 F.2d 109 · Court of Appeals for the Fifth Circuit · Jun 17, 1974

state, own land subject to taxation in the district, and be at least 21 years of age. 2 They contend that the statutory requirement that a director own taxable land in the district establishes a constitutionally impermissible … A claim is insubstantial only if “ 'its unsoundness so clearly results from the previous decisions of this court as to foreclose the subject and leave no room for the inference that the questions sought to be raised can be

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

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.

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

Randle v. PNC Financial

Court of Appeals for the Fifth Circuit · Oct 28, 2025

Officer Dixon moved for dismissal of Randle’s claims, asserting qualified immunity. … The magistrate judge recommended dismissal and concluded in its qualified immunity analysis that Randle failed to support that Officer Dixon violated clearly established law. 2 The district court adopted the magistrate judge

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.’”

26 Fair empl.prac.cas. 1417, 27 Empl. Prac. Dec. P 32,165 Thomas Johnson, Individually and on Behalf of All Others Similarly Situated v. Uncle Ben's, Inc.

657 F.2d 750 · Court of Appeals for the Fifth Circuit · Dec 30, 1981

In addition, we required that the defendant prove that the person actually hired was better qualified than the plaintiff. Falcon v. … The principles governing disparate impact cases have been clearly established by the Supreme Court and by the opinions of this circuit.

Jerry Freeman v. Lesley Sims

558 F. App'x 412 · Court of Appeals for the Fifth Circuit · Mar 7, 2014

When, as here, the defendant officials plead qualified immunity, the plaintiff has the burden of rebutting the defense by establishing a genuine dispute as to whether the official’s conduct violated a constitutional right … of the plaintiff and whether that right was clearly established at the time of the violation.

Leleux v. United States

178 F.3d 750 · Court of Appeals for the Fifth Circuit · Jul 1, 1999

In this case, the Naval regulations at issue do not establish a duty owed to Leleux under Louisiana law. Cf. Tindall v. … United States, 901 F.3d 53, 56 n.8 (5th Cir. 1990) (holding that a federal regulation alone can never establish such a duty).

Tinoco v. City of Hidalgo

Court of Appeals for the Fifth Circuit · Feb 28, 2025

Because Tinoco did not meet his burden to show a clearly established right, the officers are entitled to qualified immunity on his Fourth Amendment claim. See Cole, 935 F.3d at 451. … Because Tinoco did not meet his burden to demonstrate a clearly established right, the officers are entitled to qualified immunity from his Fourteenth Amendment claims. See id.

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). .

Mississippi Department of Economic & Community Development v. United States Department of Labor

90 F.3d 110 · Court of Appeals for the Fifth Circuit · Aug 1, 1996

City of Palm Beach Gardens,9 we explained that "[i]t is well established that Congress may create a right of action without restricting the time within which the right must be exercised. … The Court noted that "[p]rejudgment interest is an element of complete compensation," and that "[b]ecause States have no sovereign immunity as against the Federal Government, any rule exempting a sovereign from the payment