Case law

Thompson Olu Adebisi v. Immigration and Naturalization Service

952 F.2d 910 · Court of Appeals for the Fifth Circuit · Feb 7, 1992

It is true, of course, that the BIA extends the qualifying range of persecution fear to include acts by groups “the government is unable or unwilling to control.” … We also note that letters from Adebisi’s friend, Debo Ologundude, and his brother, Nuji Adebi-si, while not clearly showing a pattern of persecution, can be read as supporting that view.

Tina Alexander v. Ameripro Funding, Incorpo

848 F.3d 698 · Court of Appeals for the Fifth Circuit · Feb 16, 2017

All sought to qualify for a loan to purchase a home. … See 15 U.S.C. §§ 1691(a), 1691a(b), 1691a(e), 1691e(a). 7 The Supreme Court has clearly explained the standard for evaluating whether a complaint states a valid claim for relief: 7 Accord Estate of Davis

United States v. Joseph Lamar Jones

554 F.2d 251 · Court of Appeals for the Fifth Circuit · Jun 20, 1977

This Court has previously held that to sustain a conviction under this section it is not necessary to show that the defendant directly participated in the use of the telephone, where it is established that the defendant caused … In this case, the evidence clearly indicated that defendant gave out thé credit card numbers to individuals and told them to use the credit card numbers to call him.

Kreit v. Quinn

Court of Appeals for the Fifth Circuit · Feb 11, 2022

Look no further than Cam- reta, 563 U.S. at 701–03, in which the Court concluded that a child protective service worker who had received qualified immunity nonetheless had stand- ing to appeal. … that right was not “clearly established.”

United States v. Latroy Burris

920 F.3d 942 · Court of Appeals for the Fifth Circuit · Apr 10, 2019

When he pleaded guilty, Burris disputed that he qualified for the enhanced penalties of the ACCA. … Burris’s prior convictions for robbery and aggravated robbery qualified him for the ACCA’s enhancement.

Kelley v. Alpine Site Services

110 F.4th 812 · Court of Appeals for the Fifth Circuit · Aug 8, 2024

Without such evidence, they failed to establish clear error or how the district court’s factual findings were inconsistent with the evidence. See Guzman v. … It was thus not clearly erroneous for the district court to find on this record that the “Plaintiffs, as part of their job duties, were expected to and did in fact load” materials onto Alpine trailers, and “[t]hese job duties

United States v. Andino-Ortega

608 F.3d 305 · Court of Appeals for the Fifth Circuit · Jun 8, 2010

. § 22.04(a), qualified as a crime of violence. … Because Andino-Ortega did not object below, he must establish that the district court plainly erred in applying the guidelines. Arviso-Mata, 442 F.3d at 384.

Alton v. Texas A&M University

Court of Appeals for the Fifth Circuit · Feb 22, 1999

Alton must establish the following: 1. … immunity.

Smith v. Western Electric Co.

770 F.2d 520 · Court of Appeals for the Fifth Circuit · Sep 13, 1985

Because the district court’s findings of fact are not clearly erroneous, we affirm its judgment. I. … We do not find the district court’s rejection of this statistical study clearly erroneous.

Jim Robinson v. J. Stanley Pottinger, Asst. Attorney General of the United States of America, William P. Nunn, Intervenors-Appellants

512 F.2d 775 · Court of Appeals for the Fifth Circuit · Apr 24, 1975

The procedure for establishing the initial council districts which is provided in the Act is clearly applicable to Montgomery only. No other means of establishing initial council districts is set forth in the Act. … The Court reviewed California statutes which require that qualifying fees accompany the statement of candidacy.

Can Hockey v. Marquardt

Court of Appeals for the Fifth Circuit · Jan 26, 2022

Qualified Immunity “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 … To establish that qualified immunity does not apply, the plaintiff must prove that the state actor (1) violated a statutory or constitutional right, and (2) that the right was “clearly established” at the time of

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. The Floridice Company, Inc.

381 F.2d 613 · Court of Appeals for the Fifth Circuit · Aug 21, 1967

in circumsta/nces that qualify them as retail within the Secretary’s guidelines. … Clearly, in the light subsequently shed by the Supreme Court’s decision in Wirtz v. Steepleton General Tire Co., reported sub nom. Idaho Sheet Metal Works, Inc. v.

Becker v. Tidewater, Inc.

335 F.3d 376 · Court of Appeals for the Fifth Circuit · Jun 23, 2003

If that were not the case, Chandris in fact would have established a voyage test. … Finally, this case is clearly distinguishable from our holding in Manuel v. P.A.W. Drilling & Well Service, Inc., 135 F.3d 344, 352 (5th Cir. 1998).

Bettye A. Sanders v. United States

509 F.2d 162 · Court of Appeals for the Fifth Circuit · Mar 7, 1975

It is not clearly erroneous. Fed.R.Civ.P. 52(a). … The district court’s finding that appellee qualifies under subparagraph (e)(1)(B) is not clearly erroneous. II.

Mississippi Shipping Co., Inc., Claimant-Appellant v. Zander and Company, Inc., Libellants-Appellees

270 F.2d 345 · Court of Appeals for the Fifth Circuit · Nov 23, 1959

Those fact or legal-fact conclusions which we reject under the amphibious clearly erroneous concept of McAllister v. … an explanation of the function *353 of the various departments in each establishment.”

W. Willard Wirtz, Secretary of Labor, United States Department of Labor v. Broward Marine, Inc.

390 F.2d 788 · Court of Appeals for the Fifth Circuit · Feb 23, 1968

While the Secretary points to asserted inadequacies in the proof we are of the view that the factual findings are supported by substantial evidence and *791 that they cannot be condemned as clearly erroneous. … particular industry; or * * * (4) any employee employed by an establishment which qualifies as an exempt retail establishment under clause (2) of this subsection and is recognized as a retail establishment in the particular

Willie Lawrence Celestine v. Hilton Butler, Warden, Louisiana State Penitentiary, Angola, Louisiana

823 F.2d 74 · Court of Appeals for the Fifth Circuit · Jul 18, 1987

provision establishing the capital offense. … The claims, however, are based upon asserted racial discrimination and use of a death-penalty-qualified jury. How these issues are to be determined is settled under American con *80 stitutional law.

Carter v. Orleans Parish Public Schools

725 F.2d 261 · Court of Appeals for the Fifth Circuit · Feb 21, 1984

That aggrieved persons have a private right of action under section 504 is now well established in this circuit. See Marvin H. v. Austin Indep. School Dist., 714 F.2d 1348, 1356-57 (5th Cir.1983); Helms v. … Drew, 359 F.Supp. 746 (E.D.Va.1973) (county judge and clerk not immune to suit seeking, inter alia, expunction of records classifying plaintiff as mentally ill). . Cf. Carter v.

Combs v. Central Texas Annual Conference of the United Methodist Church

173 F.3d 343 · Court of Appeals for the Fifth Circuit · May 14, 1999

(1994), which granted religious organizations broad immunity from neutrally applicable laws. … Circuit concluded, “we cannot believe that the Supreme Court in Smith intended to qualify this century-old affirmation of a church’s sovereignty over its own affairs.”

38 Fair empl.prac.cas. 1707, 24 Empl. Prac. Dec. P 31,467 Remonia G. Mills v. International Brotherhood of Teamsters, Chauffeurs, Warehousemen and Helpers of America, General Teamsters Local Union Number 528

634 F.2d 282 · Court of Appeals for the Fifth Circuit · Jan 16, 1981

testified that when she tried to get a job at the gate, she was told by the foreman that she could not be hired without a letter of referral. 8 On the basis of this conflicting testimony, the district court's finding was not clearly … Under the general test established in McDonnell Douglas Corp. v.