Case law

Barron v. United States

111 F.4th 667 · Court of Appeals for the Fifth Circuit · Aug 6, 2024

The district court dismissed all claims on the basis of sovereign immunity, holding that each of the government’s alleged failures fell within the discretionary function exception to the FTCA’s waiver of sovereign immunity … the discretionary function exception to the FTCA’s general waiver of sovereign immunity.

25 Fair empl.prac.cas. 120, 25 Empl. Prac. Dec. P 31,611 Barbara Phillips, Cornell Green Rice, Melvin Phillips, and Mississippi Council on Human Relations, a Corporation, Individually and on Behalf of All Others Similarly Situated, Plaintiffs v. The Joint Legislative Committee on Performance and Expenditure Review of the State of Mississippi, the Mississippi Council on Human Relations, a Corporation, Barbara Phillips, Melvin Phillips and Cornell Green Rice, Individually and on Behalf of All Others Similarly Situated, Plaintiffs v. The Board of Trustees of the Institution of Higher Education A/K/A the State College Board, Barbara Phillips, Melvin Phillips and Cornell Green Rice, Individually and on Behalf of a Class v. The State of Mississippi Agricultural and Industrial Board

637 F.2d 1014 · Court of Appeals for the Fifth Circuit · Feb 23, 1981

her for any of the Board's professional positions. 38 Nor did she appear to be qualified for most clerical jobs, since she left blank the space on her application for typing and shorthand skills. 39 She was qualified, Thrash … of liability on the class claim operates to establish a prima facie case on behalf of each member of the class.

Robert v. Ferguson v. Joshua Hill

846 F.2d 20 · Court of Appeals for the Fifth Circuit · Jun 3, 1988

Though the trial court labeled it a conclusion of law, the trial court clearly found as a fact that Ferguson failed to establish a prima facie case of retaliation for exercise of First Amendment rights. … On the contrary, the evidence thus far establishes that [Ferguson] was not hired as Assistant to the Vice-President for Facilities Planning for Police and Safety Administration because he was not qualified for the job.

Linbeck Construction Corporation v. National Labor Relations Board

550 F.2d 311 · Court of Appeals for the Fifth Circuit · Apr 11, 1977

Clearly, prior to the picket .Luckie had been signing for these goods, whereas after June 20 Linbeck began receiving them. … The fourth requirement articulated in Moore Dry Dock is that pickets at a common site must clearly disclose the object of their picket.

United States v. Arthur

51 F.4th 560 · Court of Appeals for the Fifth Circuit · Oct 12, 2022

Ley was not required to be an expert in “depictions of the sexual abuse of babies and/or children” specifically because his testimony regarding those materials, and the scientific literature about them, is clearly a … Neither of these statements establishes that Dr. Ley’s methodology was unreliable. First, Dr.

United States v. Kerstetter

82 F.4th 437 · Court of Appeals for the Fifth Circuit · Sep 25, 2023

He also argues that his prior convictions did not qualify for the enhancement. We AFFIRM. … qualifying offenses on different occasions were not charged in the indictment nor were they admitted by him or proved to a jury.

61 Fair empl.prac.cas. 716, 55 Empl. Prac. Dec. P 40,592 Equal Employment Opportunity Commission, Plaintiff-Counter v. Kerrville Bus Company, Inc., Defendant-Counter

925 F.2d 129 · Court of Appeals for the Fifth Circuit · Apr 2, 1991

Kerrville argues that the district court's order dismissing its counterclaims qualifies for interlocutory appeal under the collateral order doctrine. … The order dismissing Kerrville's counterclaims does not qualify for review under the collateral order doctrine. III.

King-White v. Humble Independent School District

803 F.3d 754 · Court of Appeals for the Fifth Circuit · Oct 20, 2015

BACKGROUND Plaintiffs allege that Feenstra used her position as A.W.’s dance instructor at Humble High School to establish a domineering, sexually abusive relationship with A.W. … Finally, Plaintiffs contest the district court’s rulings with respect to complaint sufficiency, qualified immunity, and leave to amend the complaint.

Frank v. Parnell

Court of Appeals for the Fifth Circuit · Sep 8, 2023

Qualified Immunity “Consistent with our standard of review for summary judgments, the legal issues underlying the district court’s qualified-immunity ruling is reviewed de novo.” Bey v. … The federal qualified immunity analysis applies here.

In the Matter of Security Investment Properties, Inc., Bankrupt. Georgia Power Company v. Security Investment Properties, Inc., in the Matter of Guardian Properties-Athens, Inc., Bankrupt. Georgia Power Company v. Guardian Properties-Athens, Inc.

559 F.2d 1321 · Court of Appeals for the Fifth Circuit · Sep 29, 1977

As we said in Fountainbleau, a utility company's tariffs do not establish conclusively the bounds of a debtor's property interest. … Such extensive powers to adjudicate summarily conflict with the clearly established principle that the intent of the Bankruptcy Act is to allow bankruptcy courts to exercise summary jurisdiction only in a limited sphere.

Dr. Anjali A. JOSHI, Plaintiff-Appellant, v. FLORIDA STATE UNIVERSITY Et Al., Defendants-Appellees

646 F.2d 981 · Court of Appeals for the Fifth Circuit · Jun 1, 1981

McHugh requesting him to re-establish the Physician’s Selection Committee 16 to prepare a recommendation for the general physician choice. … The trial court indicated that she might not be qualified for the job; however, there is no foundation for this conclusion. She was initially found to be qualified and recommended by Dr.

Alcoa Steamship Company, Inc. v. Charles Ferran & Company, Inc., Charles Ferran & Company, Inc. v. Alcoa Steamship Company, Inc.

383 F.2d 46 · Court of Appeals for the Fifth Circuit · Sep 12, 1967

Thus, we may not set aside the above lower court’s findings unless we find them to be “clearly erroneous.” … In fact, the only thing he could remember clearly was that the #2 register had been removed.

In the Matter of Chrome Plate, Inc., Bankrupt. Chrome Plate, Inc. v. District Director of Internal Revenue, United States of America

614 F.2d 990 · Court of Appeals for the Fifth Circuit · Apr 2, 1980

The transfer of cash and notes by CPI for the stock of the Page corporations clearly qualified as a “purchase” as defined in § 334(b)(3). … To qualify under § 334(b)(2), there must be strict compliance with its requirements.

Mary Dell Tinsley Franceski v. Plaquemines Parish School Board, Raymond Shetley and Frederick Deiler

772 F.2d 197 · Court of Appeals for the Fifth Circuit · Oct 4, 1985

The court, 602 F.Supp. 691 , held suit against the individual defendants barred by the doctrine of qualified immunity, see Davis v. … We need not reach Franceski’s Parratt arguments, however, as the uncontested facts of this case establish that Franceski has received all the process she is due under the United States Constitution.

Everett L. Almon v. Thomas Harold Sandlin, H. F. Sandlin, and Carl D. Nesmith

603 F.2d 503 · Court of Appeals for the Fifth Circuit · Sep 26, 1979

These actions were all done in accordance with the procedure established by Ala.Code tit. 51, § 338(1) (1940) for voiding an erroneous tax deed. … The record before us on this appeal does not clearly indicate whether Almon asserted that Ala.Code tit. 51, § 338(1) (1940) was unconstitutional in his proceedings in the Alabama State Courts.

Kelli Goode v. City of Southaven

Court of Appeals for the Fifth Circuit · Apr 24, 2020

The Officers argue that even if they used excessive force, they’re entitled to qualified immunity because the unlawfulness of their conduct was not clearly established at the time. … In Khan, we held that the officers were entitled to qualified immunity because the unlawfulness of their conduct wasn’t clearly established. Id. at 196.

Knights Of The Ku Klux Klan Realm Of Louisiana 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. … United States, 526 F.Supp. 993 (M.D.Ga.1981). 11 To qualify for a mandatory fee award under section 2412(d), the KKK faces two additional hurdles.

Buchanan v. City of San Antonio

85 F.3d 196 · Court of Appeals for the Fifth Circuit · Jun 13, 1996

as a matter of law that he has a "disability," that he was "a qualified individual with a disability," or that the city discriminated against him because of his disability. … While the evidence clearly showed 6 that information regarding Buchanan's medical condition was provided to the department officials in charge of hiring decisions

United States v. Meliton Garza, Jr.

603 F.2d 578 · Court of Appeals for the Fifth Circuit · Oct 1, 1979

The existence of the plea agreement granting Muniz immunity raises the possibility that the prosecutor entertained some doubt as to whether Muniz could in fact assert his fifth amendment right. Cf. … Findings of fact by the trial court will not be set aside on review unless clearly erroneous. Fed.R.Civ.P. 52(a); Crouch, supra at 1318 . 6 . We express no opinion concerning Muniz’ fifth amendment privilege. 7 .

Lee v. Walker County School System

594 F.2d 156 · Court of Appeals for the Fifth Circuit · May 1, 1979

A search of the record indicates that Tatum was not fully qualified to serve as a principal until September of 1975, as the district court found. … Of the four principalships awarded thereafter, three went to whites, all of whom were found to be better qualified than Tatum.