Case law

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.

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.

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.

Charles A. Tosh v. Buddies Supermarkets, Inc.

482 F.2d 329 · Court of Appeals for the Fifth Circuit · Jun 22, 1973

The defendant must act under color of state law and the action complained of must deprive the plaintiff of some right, privilege or immunity secured by the Constitution or Laws of the United States. … The district court specifically found that none of the defendants acted with the requisite malice to support this claim, and the plaintiffs have not demonstrated this finding to be clearly erroneous.

Cooper v. Hewlett-Packard Co.

592 F.3d 645 · Court of Appeals for the Fifth Circuit · Dec 18, 2009

or could become qualified by the date on which her disability benefits under § 2(q)(ii) ended. … VPA did repeatedly note that the fact that Cooper was actually working supported its conclusion that Cooper could not establish her inability to perform “any occupation” as required to qualify for continuing benefits under

United States v. Hardy

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.

Pacheco v. Mineta

448 F.3d 783 · Court of Appeals for the Fifth Circuit · May 5, 2006

Furthermore, this liberal construction applies even in cases brought against the federal government, despite the Supreme Court’s admonition that Title VII’s conditions on the waiver of sovereign immunity be strictly construed … Once again, the "good old boy" was selected even though I was more qualified having been in the agency since 1978.

United States v. 329.73 Acres of Land, Situated in Grenada and Yalobusha Counties, State of Mississippi, and J.G. Carter

704 F.2d 800 · Court of Appeals for the Fifth Circuit · May 12, 1983

The common law exceptions, however, did not apply to the United States because of its sovereign immunity. Id. at 903 . … In denying interest, the panel simply stated that the landowner-appellee did not qualify for damages under the cited statutory and rule provisions, without referring to the Fifth Amendment issue. 678 F.2d at 24 .

United States v. Lopez-DeLeon

513 F.3d 472 · Court of Appeals for the Fifth Circuit · Jan 9, 2008

We find that Lopez’s prior conviction qualifies as a crime of violence and affirm the decision of the district court. I. … [I]n a majority of states 16 is the age of consent, rather than 17 as in Illinois.”). 6  No. 06-41553 charging document and plea colloquy clearly

United States Fidelity & Guaranty Co. v. Bass

619 F.2d 1057 · Court of Appeals for the Fifth Circuit · Jun 25, 1980

For example, it specifically establishes the position of a chief engineer that must post bond “for the faithful performance of his duties.” … immunity under these facts.

Agbai Udeochu Opie v. Immigration and Naturalization Service

66 F.3d 737 · Court of Appeals for the Fifth Circuit · Oct 2, 1995

Accordingly, the BIA’s denial of Opie’s § 1255 request for adjustment of status is not clearly erroneous and does not constitute an abuse of discretion. … Upon a complete and de novo review of the record, we find that the BIA’ denial of relief for voluntary departure under § 1254(e) is neither clearly erroneous, nor an abuse of discretion.

Anderson v. City of Dallas Texas

116 F. App'x 19 · Court of Appeals for the Fifth Circuit · Oct 29, 2004

Anderson cites no evidence or authority for her claim that Meeks violated a clearly established statutory or constitutional right of hers, nor has she offered any evidence that he acted in bad faith. … Thus, for the reasons discussed previously, he is entitled to qualified immunity, and summary judgment in his favor on her due process claim against him was appropriate.

Consuelo MERCADO, Plaintiff-Appellant, v. AUSTIN POLICE DEPARTMENT, Defendant-Appellee

754 F.2d 1266 · Court of Appeals for the Fifth Circuit · Mar 14, 1985

Appraising her credibility, which the district court was best qualified to assess, the district court found that she simply did not establish the requisite elements of her charge of discrimination or retaliation. … At trial, the district judge refused to enforce this subpoena which was clearly designed to subvert and defeat the objective of his March 23 order. II.

Calvin Cannady v. Clay County Mississippi

Court of Appeals for the Fifth Circuit · Aug 23, 2019

A government official is entitled to qualified immunity when his conduct (1) did not violate a plaintiff’s constitutional right or (2) “was objectively reasonable in light of clearly established law” at the time of the violation … And regardless, Cannady only appeals Sheriff Scott’s entitlement to qualified immunity.

Matagorda County v. Russell Law

19 F.3d 215 · Court of Appeals for the Fifth Circuit · Apr 21, 1994

goal underlies that immunity. … This is clearly forbidden by the plain wording of § 1825(b)(2).

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.

Back v. Texas Department of Criminal Justice Institutional Division

684 F. App'x 356 · Court of Appeals for the Fifth Circuit · Mar 31, 2017

The district court found that Back had exhausted his • ADA and RA claims, that he was a qualified disabled person, and that he had in fact been denied a visit to the BLP and denied access to a medical box. … A prisoner must establish that prison officials “refused to treat him, ignored his complaints, intentionally treated him incorrectly,. or engaged in any similar conduct that would clearly evince a wanton disregard for any

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.

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

Resolution Trust Corporation v. Louis A. Miramon, Jr.

22 F.3d 1357 · Court of Appeals for the Fifth Circuit · Jun 21, 1994

'May' cannot reasonably be read to qualify the gross negligence liability standard and is therefore irrelevant to the substance of the provision.” … This clearly implies that the RTC’s rights under some law is being impaired or affected. FDIC v. Swager, 773 F.Supp. 1244, 1248 (D.Minn.1991).