Case law

Gloria Trevino v. General Dynamics Corp., Gloria Trevino v. General Dynamics Corp., Defendant-Cross Claim v. United States of America, Defendant-Cross Claim

865 F.2d 1474 · Court of Appeals for the Fifth Circuit · Feb 23, 1989

Bynum established the following elements for the government contractor defense: 10 To establish the government contractor defense, a military contractor m ust first demonstrate that the government is immune from liability … The majority in Boyle did not define approval, but the dissent clearly feared such a possibility arising from the majority's formulation of the defense: "Respondent is immune from liability so long as it obtained approval

Rowinsky v. Bryan Independent School District

80 F.3d 1006 · Court of Appeals for the Fifth Circuit · Apr 2, 1996

In a qualified immunity case, the Ninth Circuit assumed arguendo that title IX applies to peer harassment but granted immunity because the law was not clear at the time of the incident. See Doe v. Petaluma City Sch. … Dist., 54 F.3d 1447 (9th Cir.1994) (denying relief on qualified immunity grounds but noting that under current law qualified immunity would not protect a school official from liability in a peer sexual harassment claim).

20 Fair empl.prac.cas. 1298, 14 Empl. Prac. Dec. P 7669 Mildred Harkless v. The Sweeny Independent School District of Sweeny, Texas, and Fred Miller, Superintendent

554 F.2d 1353 · Court of Appeals for the Fifth Circuit · Jul 26, 1977

competent enough for reemployment for several years in the past were discharged when, in fact, only 25% of them would have lost employment due to staff cutbacks after faculty desegregation, assuming they were indeed the least qualified … (t)o redress the deprivation, under color of any State law, statute, ordinance, regulation, custom or usage, of any right, privilege or immunity secured by the Constitution of the United States or by any Act of Congress providing

Walter Mixon Allen, Jr., Mattie Gayle Allen, Barry Lane Allen v. Pennsylvania Engineering Corp., American Sterilizer Company

102 F.3d 194 · Court of Appeals for the Fifth Circuit · Dec 31, 1996

Consequently, these witnesses theorize, EtO reaches brain tissue, alkylates DNA and “clearly” causes animal brain tumors. … In the instant case, in contrast, we note that the animal studies relied on by the plaintiffs are unreliable, and the epidemiological evidence clearly does not support a finding of causation.

United States v. Taylor

Court of Appeals for the Fifth Circuit · Jan 18, 2002

(finding that the district court clearly erred in relying on the drug quantity in a PSR because it lacked any indicia of reliability); Cf. … This Court specifically found that the government had failed to establish that the evidence had any indicia of reliability, stating: The PSR does not refer to the source of the "facts" it contains

Spence v. Hood

170 F. App'x 928 · Court of Appeals for the Fifth Circuit · Mar 27, 2006

Spence asserts that the defendants are not entitled to qualified immunity and that the district court erred by sua sponte invoking the qualified immunity defense and by dismissing his complaint on summary judgment without … The remaining individual defendants are entitled to qualified immunity from § 1983 liability for the routine duties of which Spence complained. See Clay, 242 F.3d at 682.

Taylor-Callahan-Coleman Counties District Adult Probation Department v. Elizabeth Dole, Secretary of Labor, United States Department of Labor

948 F.2d 953 · Court of Appeals for the Fifth Circuit · Dec 18, 1991

The District must also establish a waiver of sovereign immunity before relief can be granted. In this case, a waiver must be found in the APA. That Act does not make every agency action subject to judicial review. … “Therefore, it is our opinion on the basis of the information you provide, that the employees ... cannot qualify ...” DOL W.H.Op. Letter (no number assigned), February 16, 1988.

Stolt Achievement, Ltd. v. Dredge B.E. Lindholm

447 F.3d 360 · Court of Appeals for the Fifth Circuit · Feb 14, 2006

Stolt contends that while Scrunton was qualified to testify as to proper ship handling, navigation, and observations on the basis of his general experience, he was not qualified to testify as to the specific hydrodynamic … This is the area we contend that this witness is not qualified to testify.

Corry Defrates v. David Podany

Court of Appeals for the Fifth Circuit · Nov 14, 2019

Podany moved for summary judgment on qualified-immunity grounds. The district court held that Podany was entitled to qualified immunity on both claims. … 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

Alvarado v. Texas Rangers

492 F.3d 605 · Court of Appeals for the Fifth Circuit · Jul 16, 2007

establishes that a plaintiff was transferred from a prestigious and desirable position to another position, that evidence is insufficient to establish an adverse employment action.” … See Burdine, 450 U.S. at 254-56 & n.9 (“[T]he defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection.”) (emphasis added); see also Steger v. Gen.

Clara Patrick v. Tom Ridge, Secretary, Department of Homeland Security

394 F.3d 311 · Court of Appeals for the Fifth Circuit · Dec 15, 2004

Second Reason: The “Best Qualified” Candidate Was Selected The INS next tendered as a nondiscriminatory reason for not promoting Patrick its conclusion that Hartigan was the best qualified candidate. … AmSouth Bank, 36 F.3d 1057, 1061 (11th Cir.1994)("[A]lthough it is true that the employer need not prove it was actually motivated by the proffered reason, Burdine clearly does not relieve the employer from producing a reason

Tony Smith v. Hubert Acevedo

478 F. App'x 116 · Court of Appeals for the Fifth Circuit · May 24, 2012

immunity for Smith’s federal claims, and official immunity for Smith’s state law defamation and slander claims. … established that the defendants were entitled to qualified immunity. 9 On appeal, Smith fails to challenge the district courts holding with respect to this issue.

7 Fair empl.prac.cas. 873, 7 Empl. Prac. Dec. P 9287 Naacp, Phillip Paradise, Jr., Individually and on Behalf of the Class Similarly Situated, Intervenor-Appellee, United States of America, and Amicus Curiae-Appellee v. Walter L. Allen, as Director of the Alabama Department of Public Safety, His Agents, Assigns, Etc.

493 F.2d 614 · Court of Appeals for the Fifth Circuit · Apr 19, 1974

Defendants argue that the best hope for eliminating discrimination in public employment is through the established competitive merit system. … It is clearly contemplated, moreover, that the affirmative hiring procedure required could compel the defendants to employ a less qualified white ahead of a more qualified black applicant if the last person hired by the patrol

Benedict Emesowum v. Houston Police Department

Court of Appeals for the Fifth Circuit · Apr 11, 2014

In any event, his alleged claims would not survive the qualified immunity defense raised by the police officers. … whether the right at issue was “clearly established” at the time of the defendants’ alleged misconduct.

Aloe Creme Laboratories, Inc. v. Texas Pharmacal Company

335 F.2d 72 · Court of Appeals for the Fifth Circuit · Sep 4, 1964

First we must inquire whether the trial court’s findings of fact in this case were “clearly erroneous” under Rule 52(a). … In his further opinion on application for reconsideration he qualified the latter holding, and ruled in effect that the absence of actual confusion over a reasonable period of time created no presumption against the likelihood

Swearingen Aviation Corporation v. National Labor Relations Board

568 F.2d 458 · Court of Appeals for the Fifth Circuit · Feb 27, 1978

Although Haines refused to recognize Ordaz as the spokesman for anyone other than himself, the credited testimony of Ordaz established that he continued to speak for the employees and Haines listened to him. … To say that judicial review of Board decisions is limited does not mean that the balance struck by the Board is immune from judicial examination and reversal in proper cases. NLRB v.

United States v. Parker

3 F.4th 178 · Court of Appeals for the Fifth Circuit · Jun 30, 2021

The supplemental record clearly shows that Parker was convicted of “bank robbery” under § 2113(a). … As the Government points out, however, § 3559(c)(3)(A) places the burden on Parker to establish by “clear and convincing evidence” that no dangerous weapon was involved in the offense and that the offense did not

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.

Modacure v. Short

Court of Appeals for the Fifth Circuit · Aug 10, 2023

Discussion “An officer merits qualified immunity unless (1) he ‘violated a statutory or constitutional right of the plaintiff’ and (2) ‘the right was clearly established at the time of the violation.’” … Where the plaintiff fails to carry his burden to show a violation of his clearly established rights, and where the district court does not step in to fix that shortcoming, we cannot assent to the denial of qualified

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