Case law

Wyatt v. Aderholt

503 F.2d 1305 · Court of Appeals for the Fifth Circuit · Nov 8, 1974

The court scheduled a formal hearing to take evidence necessary to establish standards, and said that after the hearing it, the court, would itself “establish standards and in due course order their implementation”. … Clearly the Governor is without authority to agree to the expenditure of funds required to implement such a broad spectrum of standards when such a decision under Alabama law is reserved to the legislature.

Doe v. Trevino

Court of Appeals for the Fifth Circuit · Sep 9, 2025

Trevino moved for summary judgment, asserting qualified immunity. … More specifically, Doe must show that there is a material dispute of fact as to whether Trevino’s conduct violated her clearly established constitutional rights. Brown v.

Zavala v. Harris County

Court of Appeals for the Fifth Circuit · Nov 21, 2023

immunity’s second prong—whether the right was clearly established at the time of Harmon’s alleged misconduct. … Therefore, Harmon is entitled to qualified immunity.

In the Matter of Fred W. McDaniel Debtor. Beverly Jean Border v. Fred McDaniel

70 F.3d 841 · Court of Appeals for the Fifth Circuit · Dec 15, 1995

McDaniel appealed to the district court, asserting that the bankruptcy court erred by ruling that he did not qualify for the “family” homestead exemption. … The Effect of The Disclaimer On the issue of a homestead disclaimer, Texas law is clear and well established: “[A] homestead claimant is not es-topped to assert his homestead rights in property on the basis of declarations

State of Texas v. USA

809 F.3d 134 · Court of Appeals for the Fifth Circuit · Nov 25, 2015

We expect Congress to speak clearly if it wishes to assign to an agency decisions of vast ‘economic and political significance.’” … The district court’s finding was clearly erroneous, however, and I turn to it next. B.

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.

United States v. Paddock

187 F.2d 271 · Court of Appeals for the Fifth Circuit · Feb 9, 1951

The evidence in the record clearly shows that the trustee, in administering the estate in bankruptcy, overpaid the government. … It had none of the immunities of a sovereign. See Reconstruction Finance Corp. v. J. G. Menihan Corp., 312 U.S. 81 , 61 S.Ct. 485 , 85 L.Ed. 595 .

United States v. City of Meridian

914 F.3d 960 · Court of Appeals for the Fifth Circuit · Feb 1, 2019

When a juvenile is charged with offenses under youth court jurisdiction, he or she is brought before an intake officer of the court who establishes jurisdiction and recommends whether informal resolution or custody is warranted … First, we consider the question of judicial immunity.

Moore v. Harris

180 F.3d 263 · Court of Appeals for the Fifth Circuit · Apr 20, 1999

PER CURIAM:* Having reviewed the briefs and the record, and concluding that the defendant deputy had qualified immunity because there was no violation of clearly established law (see Taylor v. … Briggs, 475 U.S. 335 (1986), concerning the effect to be given a search warrant for claims against officers initiating an arrest, reflect no violation of clearly established law); and concluding further that there is no

Ellis v. Mississippi Department of Health

344 F. App'x 43 · Court of Appeals for the Fifth Circuit · Sep 2, 2009

No. 09-60170 permitting inspections of child care facilities.1 The district court granted the defendants’ motion to dismiss under Rule 12(b)(6) on the grounds of qualified immunity and denied the plaintiffs’ motion for reconsideration … Second he must claim that the defendants’ actions were objectively unreasonable in light of the law that was clearly established at the time of the actions complained of.” 4 The district court rightfully found that the searches

Alvin Independent School District v. A.D. Ex Rel. Patricia F.

503 F.3d 378 · Court of Appeals for the Fifth Circuit · Oct 4, 2007

qualified for special education services through third grade, at which point his mother and school personnel agreed that he no longer qualified for those services. … Thus, establishing an adverse effect on educational performance demonstrates that A.D. has an “other health impairment.”

Exelon Wind 1, L.L.C. v. Donna Nelson, et a

766 F.3d 380 · Court of Appeals for the Fifth Circuit · Sep 8, 2014

As both the PUC and Occidental aptly note, the fact that as-applied challenges may establish precedent relevant to future cases does not transform them into facial or implementation challenges. … While our decision in Power Resource III certainly could have given more guidance on its jurisdictional determination, the issue was clearly before the court.

Stephanie Warren v. Federal National Mortgage Assn

Court of Appeals for the Fifth Circuit · Aug 2, 2019

A district court abuses its discretion when an evidentiary ruling is based on an erroneous view of the law or a clearly erroneous assessment of the evidence. Hinojosa v. … To survive a summary judgment motion based on qualified privilege in federal court, the plaintiff has the burden of establishing malice by clear and convincing evidence. See Jackson, 288 F.

Kermode v. University of Mississippi Medical Center

496 F. App'x 483 · Court of Appeals for the Fifth Circuit · Nov 16, 2012

Farley filed a motion to dismiss based on qualified immunity and state law immunity, which the district court granted in part as to the official-capacity claims against him. … Despite the principle of sovereign immunity, a state may still be subject to suit in federal court if it “consents to suit or [if] Congress has clearly and validly abrogated the state’s sovereign immunity.” Perez v.

Doretha MITCHELL, Plaintiff-Appellee, v. M. D. ANDERSON HOSPITAL, Et Al., Defendants-Appellants

679 F.2d 88 · Court of Appeals for the Fifth Circuit · Jun 25, 1982

As to the requirement that she be qualified, the position of chief respiratory therapist requires registration with the National Board for Respiratory Therapy, and Ms. … We conclude that the district court’s findings of fact establishing a prima facie case of three instances of racial discrimination in employment by appellant Hospital against appellee Mitchell were not clearly erroneous.

Walter Camenisch v. The University of Texas

616 F.2d 127 · Court of Appeals for the Fifth Circuit · May 29, 1980

In this case, the posting of the $3,000 bond by the plaintiff clearly protected the defendant from any permanent harm. … The decision in Southeastern Community College was clearly not intended to bar relief under this statute for all handicapped people in the future.

Ricky Ross v. Richard Alford

Court of Appeals for the Fifth Circuit · Dec 9, 2019

That includes appellees’ claiming, inter alia, qualified immunity. Overcoming a qualified-immunity defense requires plaintiff show both a clearly established right and violation of that right. E.g., Hope v. … Ross provided no competent summary-judgment evidence to overcome appellees’ being entitled to qualified immunity.

Manuel Nick Solsona, Jr. v. Warden, F.C.I.

821 F.2d 1129 · Court of Appeals for the Fifth Circuit · Jul 17, 1987

counsel, (2) Solsona was currently serving the remainder of his 1960 sentence, so the fact that the escape indictment was dismissed is of no consequence, (3) the defendants were entitled to judgment on their defense of qualified … immunity, (4) the Attorney General of the United States had not been properly served, and (5) Solsona had failed to exhaust the administrative remedies afforded by the bureau of prisons. *1131 On May 21, 1986, a hearing

Bogle v. Phillips Petroleum Co.

24 F.3d 758 · Court of Appeals for the Fifth Circuit · Jul 5, 1994

It argued that because medical treatment for Phillips' employees was governed by a plan "established ... for the purpose of providing ... through the purchase of insurance or otherwise, (A) medical, surgical, or hospital … In Tillman, 929 F.2d at 1028, we specifically noted: The Supreme Court has expressly held that a remand order based upon lack of jurisdiction, even if clearly erroneous, cannot be reviewed.

Willie McLaurin v. The Columbia Municipal Separate School District

530 F.2d 661 · Court of Appeals for the Fifth Circuit · Apr 22, 1976

Collins was available and qualified to teach the course at the time. We sympathize with Mrs. … Collins is certified and well qualified to teach the subject.