Case law

Knights of the Ku Klux Klan v. East Baton Rouge Parish School Board

679 F.2d 64 · Court of Appeals for the Fifth Circuit · Jun 25, 1982

Second, the KKK’s demand for injunctive relief under 42 U.S.C. § 1983 is clearly one kind of civil action in which fees may be awarded under section 2412. … To qualify for a mandatory fee award under section 2412(d), the KKK faces two additional hurdles.

Celestine v. Petroleos De Venezuella SA

266 F.3d 343 · Court of Appeals for the Fifth Circuit · Oct 5, 2001

This Court has ruled that a plaintiff may survive summary judgment and take his case to the jury by providing evidence that 22 he was “clearly better qualified” than the employee … A review of the briefs and record excerpts reveals that none of the appellants presented competent summary judgment evidence that they were “clearly better qualified” for promotion or training

United States v. Abraham T. Oliva

497 F.2d 130 · Court of Appeals for the Fifth Circuit · Jul 17, 1974

Maige, under a grant of transactional immunity, had testified before a grand jury to appellant’s involvement in the cocaine transaction forming the basis for this prosecution. … The judge further threatened to hold Maige in contempt should he fail to answer questions about matters as to which he had been granted transactional immunity.

United States v. Gonzalez-Chavez

432 F.3d 334 · Court of Appeals for the Fifth Circuit · Nov 30, 2005

On remand, the district court should order the government to supplement the record with documents that might establish to which elements of aggravated battery Gonzalez-Chavez pled guilty. … § 2L1.2(b)(1)(A)(ii). 6 Here, at least one subsection of the statute, namely subsection 1(b), is not clearly a crime of violence.

Donald L. Dobyns, Mark Lee and Randall Eugene Bullock v. E-Systems, Inc.

667 F.2d 1219 · Court of Appeals for the Fifth Circuit · Feb 18, 1982

Article VII immunized the employees from all local criminal, civil, tax, and custom laws, but reserved to the United States the right to dissolve that immunity. … The searches conducted by E-Systems indicate the assumption of a police activity which is clearly a public function.

Ibanez v. Texas A&M

118 F.4th 677 · Court of Appeals for the Fifth Circuit · Oct 8, 2024

“To establish a prima facie case in the context of a denial of tenure, the plaintiff must show that: (1) he belongs to a protected group, (2) he was qualified for tenure, and (3) he was denied tenure in circumstances permitting … We begin by assessing whether Ibanez has established that he was qualified for tenure. To determine whether a plaintiff is “qualified for tenure,” courts examine a university’s “established . . . tenure requirement[s].”

Marilyn Wilson v. Ut Health Center, Ut System Police Department, Etc.

973 F.2d 1263 · Court of Appeals for the Fifth Circuit · Oct 6, 1992

And any retaliation for Wilson’s speech on a matter of such prominent public concern as workplace sexual harassment represents a violation of a clearly established right, so under Harlow v. … Fitzgerald, 457 U.S. 800, 818 , 102 S.Ct. 2727, 2738 , 73 L.Ed.2d 396 (1982), these defendants are not entitled to qualified immunity.

Starkman v. Evans

198 F.3d 173 · Court of Appeals for the Fifth Circuit · Dec 27, 1999

The question of who qualifies as a minister requires this court to evaluate several factors. … Starkman clearly performed tasks that were “traditionally ecclesiastical or religious.” Southwestern Baptist, 651 F.2d at 284.

Jeffrey M. Duffy v. Leading Edge Products, Inc.

44 F.3d 308 · Court of Appeals for the Fifth Circuit · Feb 13, 1995

constitute a qualified or conditional privilege.” … ing Edge acted with malice, thereby losing its qualified privilege.

John C. Saunders and Ellen W. Saunders v. Commissioner of Internal Revenue

720 F.2d 871 · Court of Appeals for the Fifth Circuit · Dec 5, 1983

One (1%) per cent of the total amount of such loan plus interest thereon shall be" cancelled for each ten (10) hours of service as a volunteer for any charitable organization qualified under Section 501(c)(3) of the Internal … We are obliged to accept this factual finding unless it is shown to be clearly erroneous. 3 We are cognizant that the contingency of repayment standing alone does not invalidate a loan for tax purposes. Dunn v.

Flores v. Estelle

513 F.2d 764 · Court of Appeals for the Fifth Circuit · May 30, 1975

Our mandate neither contemplated nor envisaged that this critical issue would be determined upon incompetent evidence immune from cross examination, and to rely entirely upon such proof is inconsistent with the rights of … Certainly we may notice here the plain and clearly substantial default by the State and the district court below in failing to satisfy our previous mandate through proper and acceptable proof. .

Kempe v. Ocean Drilling & Exploration Co.

876 F.2d 1138 · Court of Appeals for the Fifth Circuit · Jun 23, 1989

. §§ 1961-1968 , (RICO) immunizes a civil complaint from the doctrine of forum non conveniens. … Therefore, appellants conclude, RICO claims should also be immune.

United States v. George Camillo Jacquillon

469 F.2d 380 · Court of Appeals for the Fifth Circuit · Nov 1, 1972

The trial judge instructed the jury that intimidation was the alleged means of taking, and the proof was clearly directed toward establishing intimidation. … The remark clearly was not hearsay, and the appellant cites no case to support his position.

Esmark Apparel, Inc., Plaintiff-Appellant/cross-Appellee v. Thomas James, Thomas James, Defendant-Appellee/cross-Appellant

10 F.3d 1156 · Court of Appeals for the Fifth Circuit · Feb 14, 1994

The court also concluded that James had failed to overcome Esmark’s qualified privilege by establishing either excessive publication or actual malice on the part of the company. … To maintain its qualified privilege defense, Es-mark first must establish that the “occasion” of its alleged defamatory statement was qualifiedly privileged. See Garziano v. E.I.

Houston v. TX Dept of Agri

17 F.4th 576 · Court of Appeals for the Fifth Circuit · Nov 5, 2021

All facts and evidence are 5 The defendants moved to dismiss Houston’s Title VII and ADA claims as time- barred and to dismiss the FMLA claims as barred on sovereign immunity grounds, which … To establish a prima facie case of discrimination under the Rehabilitation Act, “a plaintiff must prove that (1) she is an ‘individual with a disability’; (2) who is ‘otherwise qualified’; (3) who worked for a ‘program

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.

Arif v. Mukasey

509 F.3d 677 · Court of Appeals for the Fifth Circuit · Dec 21, 2007

After determining that there can be no derivative beneficiaries for a withholding of removal claim, the BIA concluded that Petitioner had failed to establish independent eligibility for withholding of removal. … Additionally, the instruction page of the application clearly states that “[w]ithholding of removal does not apply to any spouse or child included in the application.”

Willis v. De Leon

Court of Appeals for the Fifth Circuit · Nov 24, 2025

The district court found that De Leon had qualified immunity, and we agree. … In resolving a qualified immunity claim, courts must “decide whether the facts that a plaintiff has alleged . . . make out a violation of a constitutional right,” and determine whether the “right at issue was clearly established

Rush Pettway, Etc. v. American Cast Iron Pipe Company, United States Equal Employment Opportunity Commission, Intervenor

494 F.2d 211 · Court of Appeals for the Fifth Circuit · May 22, 1974

Testimony by company officials and a finding by the district court establish what the empirical proof clearly reveals, a substantial disparity in the number of blacks hired between 1964 and 1969 when testing and educational … The high proficiency level established by this standard not only precludes qualified employees but also is not refined sufficiently to measure the ability sought by the company.

Jordan Zantiz v. Ronnie Seal

Court of Appeals for the Fifth Circuit · Feb 23, 2015

All appellants objected to Zantiz’s motion to compel on qualified immunity grounds. … ruling that defendants were not entitled to qualified immunity).