Case law

Carl Fox, III v. State of Mississippi

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

Americans with Disabilities Act (ADA) Claim In order to establish a violation of Title II of the ADA, a plaintiff must allege that (1) he is a qualified individual with a disability; (2) he was either excluded from … “Qualified immunity shields government officials from civil damages liability insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person would have known.

Raymond Durant v. Gretna City

Court of Appeals for the Fifth Circuit · Sep 1, 2020

immunity. … Moreover, the law is “clearly established” that “once a suspect has been handcuffed and subdued, and is no longer resisting, an officer’s subsequent use of force is excessive.” Carroll v.

7 Fair empl.prac.cas. 1228, 7 Empl. Prac. Dec. P 9361 Robert J. Cooper, Plaintiff-Appellant-Cross v. Ivan Allen, Jr., Mayor of the City of Atlanta, Georgia, Etc., Defendants-Appellees-Cross

493 F.2d 765 · Court of Appeals for the Fifth Circuit · Jun 6, 1974

From 1969 until the first trial he tried unsuccessfully to establish a used car business on borrowed funds. … qualified to serve as an Atlanta municipal golf professional.

Edward Wernecke v. Texas Dept of Fam & Prot

Court of Appeals for the Fifth Circuit · Nov 7, 2011

Qualified immunity shields from civil liability government officials performing discretionary functions “insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable … that right was clearly established.

G.W. Cobb v. Finest Foods, Inc., D/B/A a & G Cafeterias

755 F.2d 1148 · Court of Appeals for the Fifth Circuit · Mar 25, 1985

The trial judge found that plaintiff qualified under both the executive and administrative exemptions. … The district court’s determination as to whether an employee is exempt under the Act is primarily a question of fact which must be reviewed under the clearly erroneous standard of Fed.R.Civ.P. 52(a). Walling v.

Boyd v. Biggers

Court of Appeals for the Fifth Circuit · Aug 8, 1994

Ct. 1789, 1793 (1991) ("One of the purposes of immunity, absolute or qualified, is to spare a defendant not only unwarranted liability, but unwarranted demands customarily imposed upon those defending a long drawn out … Pope, 793 F.2d 1072, 1078 (9th Cir. 1986) (en banc) ("[A] conspiracy between judge and prosecutor to predetermine the outcome of a judicial proceeding, while clearly improper, nevertheless does not pierce the immunity

Homan & Crimen, Inc. v. Patricia Roberts Harris, Secretary of Health and Human Services, Defendant

626 F.2d 1201 · Court of Appeals for the Fifth Circuit · Oct 1, 1980

It is not so clearly controlling as to require the Secretary to apply it in this case. … Income from funded depreciation or provider’s qualified pension fund is not used to reduce interest expense.

United States v. Richard Fuentes

906 F.3d 322 · Court of Appeals for the Fifth Circuit · Oct 11, 2018

sentence is plainly unreasonable, this court first evaluates whether the district court committed a “significant procedural error, such as failing to consider the [18 U.S.C.[ § 3553(a) factors, selecting a sentence based on clearly … The burden of establishing entitlement to relief for plain error is on the party claiming it. See United States v. Dominguez Benitez, 542 U.S. 74, 82 (2004).

United States of America, Cross-Appellant v. Central Gulf Lines, Inc., Etc., Cross-Appellee

974 F.2d 621 · Court of Appeals for the Fifth Circuit · Oct 9, 1992

CGL also claims that employees, who were not qualified surveyors, often conducted the surveys during the discharge of cargo. … We disagree because the evidence presented indicates that qualified surveyors were present during the discharge of cargo. 15 .

Pearce v. FBI Agt Doe

Court of Appeals for the Fifth Circuit · Mar 9, 2021

immunity. … If the Plaintiffs allege a violation of the Fourth Amendment, then we must consider whether they allege a violation of clearly established law sufficient to overcome FBI Agent Doe’s qualified immunity.

10 Fair empl.prac.cas. 1148, 9 Empl. Prac. Dec. P 10,223 Jack A. Gamble v. Birmingham Southern Railroad Company

514 F.2d 678 · Court of Appeals for the Fifth Circuit · Jun 16, 1975

Congress has clearly authorized back pay awards under the Civil Rights Act, 42 U.S.C.A. § 2000e-5(g). … But we have clearly held that conciliation efforts by the EEOC are not a jurisdictional prerequisite to a Title VII suit.

Talib v. Gilley

138 F.3d 211 · Court of Appeals for the Fifth Circuit · Apr 15, 1998

Brennen, 114 S.Ct. 1970, 1981 (1994) (establishing deliberate indifference standard). … Finally, even if the policy were not clearly established, such a requirment is unnecessary in this case.

Brantner v. Freestone Cty Sheriffs Off

Court of Appeals for the Fifth Circuit · Jun 9, 2022

immunity, ‘the burden then shifts to the plaintiff, who must rebut the defense by establishing a genuine fact issue as to whether the official’s allegedly wrongful conduct violated clearly established law.’” 8 … We ask if a defendant violated a clearly established constitutional right and then whether the defendant’s conduct was objectively reasonable in light of the clearly established law. 32 A prison official violates

Johnson v. Uncle Ben's, Inc.

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

To accomplish this, the defendant must clearly set forth, through the introduction of admissible evidence, the reasons for the plaintiff’s rejection. … The principles governing disparate impact cases have been clearly established *754 by the Supreme Court and by the opinions of this circuit.

Hopkins v. Hosemann

76 F.4th 378 · Court of Appeals for the Fifth Circuit · Aug 4, 2023

Sovereign Immunity There is one final jurisdictional matter: Eleventh Amendment sover- eign immunity, which the Secretary contends bars Plaintiffs’ challenge to Section 241. … However, under the equitable excep- tion to Eleventh Amendment immunity established in Ex parte Young, 209 U.S. 123, 155–56 (1908), a plaintiff may bring suit for injunctive or declaratory relief against a state official,

Amos v. Jefferson

Court of Appeals for the Fifth Circuit · Jul 6, 2021

“The doctrine of 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 known.” 22 “Because qualified immunity is an immunity from suit rather than a mere defense to liability,” courts should resolve the issue of qualified immunity “at the earliest possible stage in

Rosado v. Deters

5 F.3d 119 · Court of Appeals for the Fifth Circuit · Oct 18, 1993

They argue, however, that the court erred in concluding that Katsaris was not qualified to testify in this area. We disagree. … Katsaris himself admitted that he could not independently establish the necessary physical and mathematical bases for his opinion.

United States v. Gonzalez

76 F.3d 1339 · Court of Appeals for the Fifth Circuit · Jan 29, 1996

To qualify for this upward adjustment, the defendant must have been the organizer or leader of at least one of the other participants. Id., cmt. No. 2. … The district court did not clearly err in this regard. See United States v. Mir, 919 F.2d 940, 943 (5th Cir. 1990).

United States v. Henry Floyd Box

530 F.2d 1258 · Court of Appeals for the Fifth Circuit · May 3, 1976

Cook, a bookmaker also given immunity, testified that he had occasionally “laid off” bets with Box and with several of the other defendants. … The only direct testimony on this matter clearly categorizes Box as a bettor rather than a bookmaker.

Smith v. Gross

2 F.2d 507 · Court of Appeals for the Fifth Circuit · Nov 26, 1924

The appellants take the position that the defense sot up, if established, shows a want of probable cause, for the reason that, under section 1014 of the Revised Statutes (Comp. … Clearly in these cases the court not only has jurisdiction to try and decide the question raised, but it is its imperative duty to do so.