Case law

La Union del Pueblo Entero v. Abbott

Court of Appeals for the Fifth Circuit · Feb 12, 2026

If a challenger engages in “conduct that is clearly proscribed,” he is barred from pursuing a void-for-vagueness challenge based on hypothetical applications of the law. Id. … Sovereign Immunity The Attorney General and Secretary of State are entitled to sovereign immunity. “Generally, state sovereign immunity precludes suits against state officials in their official capacities.” Tex.

United States v. Milton F. Jones, United States of America v. Charles Campion & Bernard Campion

837 F.2d 1332 · Court of Appeals for the Fifth Circuit · Feb 22, 1988

This is not to say that a defendant's payment of fees will always immunize such fees from post-trial forfeiture, only that a defense lawyer's knowledge of the charges against the client does not ipso facto disqualify the … 836 F.2d 74 (2d Cir.1987). 26 The court in Caplin & Drysdale also declined to find that the forfeiture statute violated rights secured to the defendant by the fifth and sixth amendments: 27 We thus decline to expand the qualified

Dafro M. JEFFERIES, Plaintiff-Appellant, v. HARRIS COUNTY COMMUNITY ACTION ASSOCIATION Et Al., Defendants-Appellees

615 F.2d 1025 · Court of Appeals for the Fifth Circuit · Apr 21, 1980

Trial testimony established that 60-70% of the employees at HCCAA were female. … In order to establish a prima facie case, a plaintiff must show that (1) she belongs to a group protected by Title VII, (2) she applied for and was qualified for a job for which the employer was seeking applicants, (3) despite

Bel v. United States

452 F.2d 683 · Court of Appeals for the Fifth Circuit · Dec 9, 1971

In assessing the determination of the court below, we first note that our scope of review is circumscribed by *688 the “clearly erroneous” standard of Rule 52(a). … Therefore, they assert that the district judge’s factual determination is clearly erroneous.

Gail Collins v. United States

783 F.2d 1225 · Court of Appeals for the Fifth Circuit · Mar 3, 1986

Thus, absent some mandatory regulation, the decision to terminate Imminent Danger Order No. 195 represented a choice clearly delegated to a subordinate. … The discretionary function exception of § 2680(a) does not immunize the United States from *1231 liability for the failure to reclassify the mine as gassy.

Edward J. Simons v. United States of America

413 F.2d 531 · Court of Appeals for the Fifth Circuit · Aug 5, 1969

The South bank of the Red River has been established as the boundary line between Texas and Oklahoma. … Stephens, supra; and, under the rule we have stated, they, together with the facts of the case generally, clearly establish liability on the part of defendants Fenley and Faulkner for trespass.

Unruh v. Moore

326 F. App'x 770 · Court of Appeals for the Fifth Circuit · May 12, 2009

Defendants assert that qualified immunity bars Unruh’s claim. … In order to overcome the defense of qualified immunity against a government official, a plaintiff must show (1) that his constitutional rights were violated (2) under law that was clearly established in light of the specific

Shermco Industries, Inc. And Peter A. Sherman v. Secretary of the Air Force

613 F.2d 1314 · Court of Appeals for the Fifth Circuit · Mar 19, 1980

Cir. 1974). 5 This information concerning Tayko’s cost proposals, in the hands of a competitor prior to the time of a final .award, would jeopardize the Air Force’s ability to discern clearly which bidder could do the best … This newly' created but qualified exception is in addition to the two traditional Exemption 5 privileges for attorney work-products and executive deliberations.

Krystek v. University of Southern Mississippi

164 F.3d 251 · Court of Appeals for the Fifth Circuit · Jan 14, 1999

In this case, the evidence as a whole, viewed in a light most favorable to the verdict, simply does not establish 13 either that Krystek was qualified for tenure or that Krystek was … Krystek argues that he was qualified for tenure, but the evidence clearly indicates that Krystek failed to meet an established USM tenure requirement: publishing scholarly work in “reputable

Gulf Petro Trading Co. v. Nigerian National Petroleum Corp.

512 F.3d 742 · Court of Appeals for the Fifth Circuit · Jan 7, 2008

It alternately concluded that suit against certain of the parties was barred on foreign sovereign immunity and personal jurisdiction grounds. … international arbitrations established by the New York Convention, which is implemented by Chapter Two of the FAA.

Marlon Smith v. Bexar County Sheriff's Office, et

520 F. App'x 251 · Court of Appeals for the Fifth Circuit · Jun 5, 2013

Case: 12-51170 Document: 00512263216 Page: 2 Date Filed: 06/05/2013 No. 12-51170 that Rodriguez was entitled to qualified immunity. … Smith’s conclusory allegations—that, for example, Rodriguez “should not be granted qualified immunity” because “he acted out of intent with malice”—do not show that Rodriguez violated a clearly established constitutional

Bryan Cooper v. Paul Morales

535 F. App'x 425 · Court of Appeals for the Fifth Circuit · Jul 15, 2013

Once a government official has asserted qualified immunity, as Trevino did here, the burden shifts to the plaintiff to show that qualified immunity does not bar recovery. 2 Salas v. … To discharge this burden, a plaintiff must claim that defendants committed a constitutional violation under current law and that defendants' actions were objectively unreasonable in the light of the law that was clearly established

United States v. Garcia

242 F.3d 593 · Court of Appeals for the Fifth Circuit · Feb 15, 2001

Initially, Defendant disputes that he must be “substantially less culpable” to qualify as a minor participant. … We conclude, therefore, that the District Judge’s finding that Defendant was not a minor participant was not clearly erroneous. C.

Will McRaney v. N Amer Mission Bd So Baptist

966 F.3d 346 · Court of Appeals for the Fifth Circuit · Jul 16, 2020

The court found that, under these circumstances, resolution of the plaintiff’s claims would not require the court to determine whether the plaintiff was qualified to serve as a pastor. Id. at 428. … Were such a broad statement alone sufficient to warrant dismissal at this stage, however, religious entities could effectively immunize themselves from judicial review of claims brought against them.

United States v. Roy Pozos and Noble Lee Simpson

697 F.2d 1238 · Court of Appeals for the Fifth Circuit · Feb 1, 1983

Simpson clearly possessed the drugs and intended to distribute them to Agent Gonzales. … Even assuming that Burnett’s “associate” was Simpson, this evidence does not establish Simpson’s immunity as a traveler under § 46.03(3).

Adam Kline v. Cason Rankin, Etc.

489 F.2d 387 · Court of Appeals for the Fifth Circuit · Feb 11, 1974

Together with § 8654 these statutes have the effect of requiring a bar examination applicant to establish residency in Mississippi at least ninety days prior to the examination date. 2 In response to this complaint the defendants … Unless we agree with the district court that plaintiffs’ claims are so clearly barred by res judicata as to render them insubstantial, we cannot sustain its refusal to request the convocation of a three-judge court.

United States v. Clarence Haines

803 F.3d 713 · Court of Appeals for the Fifth Circuit · Oct 15, 2015

I think his training and experience in drug investigations, and clearly there was numerous investigations involving the use of code words and slang by drug traffickers establishing and qualifying him … The defense argued that “[Lockhart] has been qualified as an expert.

Planned Parenthood of Grt TX v. Courtney Ph

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

The most natural reading of § 1396a(a)(23) is that it is up to the provider to establish that it is both “qualified” and willing to provide the services. … In truth, O’Bannon clearly affirms Medicaid recipients’ right to choose their qualified, willing providers free from unlawful government interference.

David Lancaster v. Harris County

Court of Appeals for the Fifth Circuit · Jul 10, 2020

Qualified immunity shields public officials from suit unless “the right the official is alleged to have violated [was] ‘clearly established’” at the time of the alleged violation. Anderson v. … Lancaster cannot plead around the time-bar, qualified immunity, and judicial immunity problems that doom most of his claims. Additionally, Lancaster has not filed a proposed amended complaint.

United States v. Edward Palmer Vaughn, William McMurtrey and Lee Cleveland Rutherford

546 F.2d 47 · Court of Appeals for the Fifth Circuit · Jan 26, 1977

But it developed that Newell had been promised immunity in return for his testimony, that Mize had suggested that he be sent for as a witness, that Mize’s wife had gone to Jamaica to solicit his appearance as a witness, that … That this should be declared the law in this Circuit was quite clearly foreshadowed by what Judge Simpson wrote in the opinion which decided United States v.