Case law

Frazier v. Garrison I.S.D.

980 F.2d 1514 · Court of Appeals for the Fifth Circuit · Jan 14, 1993

“qualified population in the workforce,” not to the cannery workforce.- Id. at 651 , 109 S.Ct. at 2122 . … Although facial neutrality at the bottom line cannot immunize an agency or employer from proved acts of discrimination against an individual or groups of individuals, we cannot infer discrimination from statistics that by

Tangipahoa Parish School Board v. United States Department of Education

821 F.2d 1022 · Court of Appeals for the Fifth Circuit · Jun 30, 1987

The Secretary also established a threshold score for qualifying for the grants. 34 C.F.R. § 501.31 . Four south Louisiana parishes, St. Bernard, St. John the Baptist, St. … The record clearly reflects that many of those surveys were not completed and returned by the parents of the students.

George L. Curry v. Wallace C. Ragan

257 F.2d 449 · Court of Appeals for the Fifth Circuit · Oct 13, 1958

They contain many conclusions, and the facts alleged are qualified by many adjectives. … For the principle of law has long ago been established in the case of Bradley v.

Sean Ortega v. Young Again Products, Inc.

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

Sean’s motion to remand contended that the qualified immunity doctrine did not protect McClure from liability for her assistance in the unlawful seizure of his property. 1 The applicability of Texas’s qualified immunity doctrine … as an exception to Texas’ qualified immunity doctrine.

Jefferson County Pharmaceutical Association, Inc. v. Abbott Laboratories

656 F.2d 92 · Court of Appeals for the Fifth Circuit · Aug 31, 1981

Further, the result contradicts the congressional intent clearly reflected at hearings when the Act was under consideration. … That being the case, well-established principles of sovereign immunity would narrowly limit the sovereign’s expo *96 sure to suit, precluding it altogether in the event of ambiguity. Teegarden’s letter read in part: 2.

United States v. Viju Mathew

916 F.3d 510 · Court of Appeals for the Fifth Circuit · Feb 21, 2019

The government established an actual loss to Medicare. … The government therefore established an actual loss to Medicare.

Michael Williams v. Valenti

432 F. App'x 298 · Court of Appeals for the Fifth Circuit · Jul 7, 2011

The defendants moved for summary judgment based on qualified immunity, and the district court granted summary judgment in their favor. … ; and (2) whether the right at issue was ‘clearly established’ at the time of the defendant’s alleged misconduct.”1 We may exercise “discretion in deciding which of the two prongs of the qualified immunity analysis should

Continental Casualty Company v. River Ridge Insurance, Inc.

973 F.2d 437 · Court of Appeals for the Fifth Circuit · Sep 30, 1992

For businesses that did not qualify for the BAP policy, CNA offered several other types of commercial property policies which were not subject to the restrictions applicable to the BAP policy. … Examination of Chiasson reveals no departure from the proposition established by Mathews.

United States v. Bringier

Court of Appeals for the Fifth Circuit · Jul 18, 2005

Newell, 315 F.3d 510 (5th Cir. 2002), is clearly distinguishable from the present case. … First, Special Agent Roger White also testified to the terms of the immunity agreement. Second, the letter memorializing the immunity agreement was also introduced as evidence.

Apache Bend Apartments, Ltd. v. United States of America, Acting Through the Internal Revenue Service

964 F.2d 1556 · Court of Appeals for the Fifth Circuit · Jun 25, 1992

In order to properly adjudge plaintiffs’ claim, we first establish the relevant legal framework. … Only two vendors qualified for the exception. A panel of this court found a “pivotal defect” in the City of New Orleans’ classification scheme.

Beavers v. Brown

95 F. App'x 529 · Court of Appeals for the Fifth Circuit · Jan 28, 2004

The district court did not clearly err in finding that the sexual relationship between Beavers, an inmate, and Deputy Corral was consensual. Cf. Theriot v. … P. 7 reply to the defendants’ qualified immunity defense because the court dismissed Sheriff Brown and the County on grounds other than qualified immunity. See Schultea v.

Dawson v. Klein Indep Sch Dist

66 F.3d 320 · Court of Appeals for the Fifth Circuit · Jul 31, 1995

McKinnon, 447 F.2d 839, 844 (5th Cir. 1971).3 3 Dawson also challenges the district court's conclusion that Collins is entitled to qualified immunity. … As a government official, Collins is entitled to qualified immunity unless his conduct violated Dawson's clearly established rights, e.g., Jefferson v. Ysleta Indep. Sch. Dist., 817 F.2d 303, 305 (5th Cir. 1987).

Southern Ry. Co. v. Wilder

231 F. 933 · Court of Appeals for the Fifth Circuit · Apr 13, 1916

They both have the same general lien on the defendant’s property, as qualified above.” … It clearly follows that in this case the petitioner has no lien entitled to priority over the lien given to the trustee under the amendment of 1910. The petition for revision is denied.

United States v. Goluba

672 F.3d 304 · Court of Appeals for the Fifth Circuit · Feb 22, 2012

While that issue has not yet been addressed by this circuit, or apparently any other, the majority’s opinion clearly misses the mark. … The majority concludes that, in light of those acts, Goluba’s conduct was not limited to “that of a mere viewer of child pornography” and he does not qualify for the reduction.

John Youmans v. Beauregard Torres, III

Court of Appeals for the Fifth Circuit · Oct 29, 2020

Youmans presented no competent summary judgment evidence showing that Warden Juge’s actions were objectively unreasonable in light of Youmans’s clearly established constitutional right to timely release from jail … immunity.

James S. CAREY, Plaintiff-Appellee-Cross Appellant, v. GREYHOUND BUS CO., INC., Et Al., Defendants-Appellants-Cross Appellees

500 F.2d 1372 · Court of Appeals for the Fifth Circuit · Sep 26, 1974

In addition, union contracts grant no immunity on the subject of racial discrimination. Neither can the employer use the union or unions for a shield. … It is obvious to us that where employment discrimination has been clearly demonstrated, employees who have been victims of that discrimination must be compensated if financial loss can be established.

Williams v. Administrative Review Board

376 F.3d 471 · Court of Appeals for the Fifth Circuit · Jul 15, 2004

It is undisputed that Sottile applied for the position, was qualified, and was rejected. … better qualified candidate.

United States v. Causey

Court of Appeals for the Fifth Circuit · Sep 15, 1999

United States, 417 U.S. 211, 223-27 (1974)); and in inquiring whether a right was “clearly established” when applying the qualified immunity rule under § 1983 and Bivens v. … The Sixth Circuit erred, the Supreme Court stated, in concluding that due process fair warning under § 242 demands more than the “clearly established” qualified immunity test under § 1983 or Bivens.

Goodman v. Harris County

443 F.3d 464 · Court of Appeals for the Fifth Circuit · Mar 21, 2006

[I]t appears to the Court that if [ ] the Defendants propose to try this case by establishing what likely happened based on psychiatric testimony [then] both sides should be able to avail … We clearly have the ability to reverse an adverse judgment based on inadmissable evidence. See, e.g., Mersch v.

Thomas C. Thomas v. United States

531 F.2d 746 · Court of Appeals for the Fifth Circuit · May 14, 1976

further proceedings until the government obtained immunity for the taxpayer or until all applicable statutes of limitation have run. … Since F.R.C.P. 37 gives wide discretion to the district court and, clearly, does not limit that court to the orders therein described, we see no need for the exercise of our supervisory power to adopt a specific procedure