Case law

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.

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.

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.

Centanni v. Lee

96 F.3d 1444 · Court of Appeals for the Fifth Circuit · Aug 30, 1996

As to Sheriff Lee and the other alleged state actors, the district court found there was no clearly established constitutional right to conflict-free counsel in this context and hence qualified immunity … In the absence of a clearly established constitutional right, the defendants properly invoked qualified immunity.

Feminist Women's Health Center, Inc., a Florida Non-Profit Corporation, Cross-Appellee v. Mahmood Mohammad, M. D., Cross-Appellants

586 F.2d 530 · Court of Appeals for the Fifth Circuit · Dec 20, 1978

Succeeding court decisions established that antitrust immunity extends to attempts to influence executive 4 and adjudicative 5 governmental bodies as well. … Bless, 1976, M.D.Fla., 412 F.Supp. 28, 40 , “[P]ublic executive officials, acting within their official capacity, are protected by a qualified immunity from liability, in the absence of demonstrated bad faith”. Dr.

Watts v. Smart

328 F. App'x 291 · Court of Appeals for the Fifth Circuit · May 1, 2009

The district court determined that Defendants Smart, Meyer, and Box were entitled to qualified immunity. … “Qualified immunity protects government officials ‘from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have

Connecticut Bank v. Republic of Congo

Court of Appeals for the Fifth Circuit · Apr 22, 2003

immunity. … Unless expressly qualified by the parties, a royalty is a right to share in gross production free of mining or drilling and production costs.”); John S.

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.

George Bergin v. Kim Simpson

Court of Appeals for the Fifth Circuit · Jan 20, 2014

Tatum has asserted qualified immunity in response to Bergin’s due process claim. … To assess qualified immunity, “we decide (1) whether the facts that the plaintiff has alleged make out a violation of a constitutional right; and (2) whether the right at issue was clearly established at the time of the defendant

Robert SHERROD, Plaintiff-Appellee, v. SEARS, ROEBUCK & COMPANY, Defendant-Appellant

785 F.2d 1312 · Court of Appeals for the Fifth Circuit · Apr 2, 1986

It does not require employers to retain older, less qualified employees. See id.; cf. Thornbrough v. … Columbus and Greenville Railroad Co., 760 F.2d 633, 647 (5th Cir.1985) (“if the factfinder determines that [the plaintiff] was clearly better qualified than the employees who were retained, it is entitled to conclude that

Tucker v. Gaddis

40 F.4th 289 · Court of Appeals for the Fifth Circuit · Jul 11, 2022

In addition, adherents of these recognized religions can seek “secondary” services, led by an approved outside volunteer, subject to time, place, and security requirements as established by TDCJ’s Religious Prac- … When a plaintiff seeks money damages, “an unholy trinity of legal doctrines—qualified immunity, absolute prosecutorial immunity, and Monell . . . —frequently conspires to turn winnable claims into losing ones.”

Hitt v. McLane

Court of Appeals for the Fifth Circuit · May 11, 2021

McLane responds by citing the general law of qualified immunity and asserts in a footnote that she sufficiently pleaded qualified immunity. We agree with Hitt. … conduct violated clearly established law.”20 With regard to the alleged unreasonable seizure, Hitt adequately pleaded McLane’s personal involvement.

Rochelle Flynn v. Distinctive Home Care, Inc.

812 F.3d 422 · Court of Appeals for the Fifth Circuit · Feb 1, 2016

Gildin, Dis-Qualified Immunity for Discrimination Against the Disabled, 1999 U. ILL. L. … Flynn did not establish her disability substantially limits one or more of her major life activities; (2) there is no evidence Dr.

Rhodes v. Prince

273 F. App'x 328 · Court of Appeals for the Fifth Circuit · Apr 9, 2008

The district court held that Rhodes’s allegations, if true, would establish that the officers were entitled to qualified immunity on all but one of Rhodes’s causes of action: his First Amendment retaliatory * … We review de novo the district court’s denial of the officers’ motion to dismiss on their defense of qualified immunity.1 To escape the grip of the officers’ qualified immunity defense, Rhodes

Tiffany Romano v. Bruce Greenstein

721 F.3d 373 · Court of Appeals for the Fifth Circuit · Jun 28, 2013

First, the reasonable promptness clause is clearly intended to benefit “eligible individuals,” and accordingly Romano was the intended beneficiary of § 1396a(a)(8). … The panel explained that “[t]his is precisely the sort of ‘rights-creating’ language identified in Gonzaga as critical to demonstrating a congressional intent to establish a new right.”41 It pointed out that, rather than

Autin v. Goings

Court of Appeals for the Fifth Circuit · Apr 19, 2023

The officers then appealed the Heck and qualified immunity rulings in the March 31 and September 30 orders. … Moreover, because Heck plainly requires dismissal of Autin’s claims, we need not reach the question of qualified immunity.

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.

Payne v. Travenol Laboratories, Inc.

673 F.2d 798 · Court of Appeals for the Fifth Circuit · Apr 22, 1982

We find that the district court’s rejection of Travenol’s evidence was not clearly erroneous. … Under McDonnell-Douglas the plaintiff may establish a prima facie case of individual disparate treatment by showing: “(i) that he belongs to a racial minority; (ii) that he applied and was qualified for a job for which the

Manyweather v. Woodlawn Manor

40 F.4th 237 · Court of Appeals for the Fifth Circuit · Jul 7, 2022

It asserted that the plain- tiffs had failed to state a claim because the PREP Act immunizes Woodlawn from liability for its pandemic response. … Third, Congress clearly intended that grant of jurisdiction to be exclusive. Ibid.

Stena Rederi Ab v. Comision Contratos Comite Ejecutivo General Sindicato Revolucionario Trabajadores Petroleros

923 F.2d 380 · Court of Appeals for the Fifth Circuit · Feb 11, 1991

at least some facts that would establish the exceptions. … Maritime Internat'l Nominees Establishment, 693 F.2d at 1108 & n. 20. In Hanson v.