Case law

Robinson v. Kimbrough

652 F.2d 458 · Court of Appeals for the Fifth Circuit · Aug 3, 1981

There are no issues on this appeal concerning defendants’ individual liability or their right to a qualified immunity defense. … Since there are no findings by the trial court on the availability of the affirmative defense of qualified immunity, this Court declines to decide the issue in the first instance without the assistance of the district court

United States v. Ridgeway

321 F.3d 512 · Court of Appeals for the Fifth Circuit · Feb 6, 2003

In order to establish a claim of ineffective assistance, Ridgeway must satisfy the two-prong test of Strickland v. Washington, 466 U.S. 668 (1984). … Thus, we find that the district court did not clearly err in concluding that Ridgeway was ineligible for § 5C1.2 relief.

United States v. Rohm & Haas Company and Rohm & Haas of Texas, Incorporated

500 F.2d 167 · Court of Appeals for the Fifth Circuit · Oct 30, 1974

Concern has been expressed that the “immunity” provision will cause dismissal of pending enforcement actions under the Refuse Act of 1899. … President, I take this time for the purpose of establishing a legislative history.

United States v. Mayton

335 F.2d 153 · Court of Appeals for the Fifth Circuit · Jul 23, 1964

Print your name and address clearly. 3. Sign your name on the line marked “X.” 4. Write the date at the bottom. … I believe I am qualified to vote.

The Dow Chemical Company, Plaintiff-Appellant-Cross v. Dixie Carriers, Inc., Defendant-Appellee-Cross

463 F.2d 120 · Court of Appeals for the Fifth Circuit · Jul 5, 1972

Dixie’s primary argument is that the terms of the time charter generously provide it with absolute immunity against all liability for collision damage, including that resulting from its own negligence. 1 But that sort of … This is merely one more instance for the application of F.R.Civ.P. 52(a) in its seagoing form — the findings are not clearly erroneous and must be affirmed. Lanasse v.

United States v. National Broiler Marketing Association

550 F.2d 1380 · Court of Appeals for the Fifth Circuit · Apr 22, 1977

The government contends that Congress clearly meant to limit the benefits of the Capper-Volstead Act to persons that own or operate farms. … Under such an arrangement, the activities of the farmers and their employees are clearly within section 3(f).

Weichsel Farm, L.P. v. JP Morgan Chase Bank, N.A.

Court of Appeals for the Fifth Circuit · Jan 10, 2014

Hence, under the plain language of the Agreement, the Leases qualified as Other Real Estate assigned outright to Chase. … The answer to this question is clearly yes.

Jawaid Anwar v. Immigration and Naturalization Service

116 F.3d 140 · Court of Appeals for the Fifth Circuit · Sep 16, 1997

It is clearly established that the Fifth Amendment of the United States Constitution entitles aliens to due process of law in deportation proeeed-ings. Animashaun v. INS, 990 F.2d 234, 238 (5th Cir.1993) (citing Reno v. … As Anwar clearly failed to present a prima facie ease that he is a refugee, see Guevara Flores v.

Scott v. Moore

640 F.2d 708 · Court of Appeals for the Fifth Circuit · Mar 26, 1981

First, the evidence is sufficient to establish a conspiracy among some of the Council’s constituent unions and individual defendants. … McLeilan establishes that section 1985(3) was not intended to redress every conceivable private interference with another’s rights.

Jones v. Cain

600 F.3d 527 · Court of Appeals for the Fifth Circuit · Mar 16, 2010

Roberts, 448 U.S. 56 (1980), the clearly established law in place at the time of the relevant state court decision.6 Jones III, 601 F. Supp. 2d at 787-88, 804-06; see Whorton v. … “A state court’s decision is contrary to clearly established federal law if it applies a rule that contradicts the governing law set forth in Supreme Court cases,” Fields v.

Robbie Geiger v. Monroe County, MS

Court of Appeals for the Fifth Circuit · Aug 8, 2019

immunity when carrying out their duties. 4 But under the familiar framework, plaintiffs can overcome it by showing that the officer violated their clearly established right. 5 Essentially, it’s a two-prong test—(1) whether … The district court was thus right to deny qualified immunity on this basis as well.

Douglas Glynn Payton, Administrator of the Estate of Sheryl Lynn Payton, Deceased v. The United States of America

679 F.2d 475 · Court of Appeals for the Fifth Circuit · Jul 1, 1982

Since the evaluation of the prisoner is a non-discretionary function, the government would not be immune from prosecution under 28 U.S.C. § 2680 (a) for negligently performing that duty. … The statute clearly describes this as a discretionary function. Appellants attempt to draw a parallel between the instant case and Fair v. United States, 234 F.2d 288 (5th Cir. 1956), and Underwood v.

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.

4 Fair empl.prac.cas. 921, 4 Empl. Prac. Dec. P 7889 Bettye Joe Baker v. Columbus Municipal Separate School District

462 F.2d 1112 · Court of Appeals for the Fifth Circuit · Jun 30, 1972

It was established that the NTE measures only a fraction of the characteristics required for effective classroom performance. … Of course any new teacher, black or white, must be qualified.

Vote.Org v. Paxton

89 F.4th 459 · Court of Appeals for the Fifth Circuit · Dec 15, 2023

Section 1983 specifies that those acting under color of state law who subject “any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities … “Though the primary motivation for the sponsors of the materiality provision was clearly the confrontation of racial discrimination, Congress drafted the provision to embrace errors or omissions beyond those used

Allen v. Pierce

689 F.2d 593 · Court of Appeals for the Fifth Circuit · Oct 21, 1982

Absent "a clearly expressed legislative intention to the contrary, the plain language of the statute controls its construction." Id. … The contract between HUD and the project owner establishes a maximum rent for each assisted unit.

Roberts v. Cardinal Services, Inc.

266 F.3d 368 · Court of Appeals for the Fifth Circuit · Oct 2, 2001

In Chandris, the Supreme Court clearly articulated the test to apply when making this determination: First,... … reaffirmed the essential principle that to qualify as a seaman an employee must establish an attachment to a vessel or to an identifiable fleet of vessels.30 We have left no doubt

Abraham Watkins v. Festeryga

138 F.4th 252 · Court of Appeals for the Fifth Circuit · May 16, 2025

As the panel “reluctantly” noted, Weaver held that waiver-based remand orders are jurisdictional—and therefore “immune from review.”7 Thus, even while recognizing “that Weaver rests on erroneous premises,” the panel dutifully … Because § 1447(c) defects are confined to statutory deficiencies, a finding of waiver—rooted in non-statutory, common-law principles—cannot qualify.

McLaurin v. Noble Drilling (U.S.), Inc.

529 F.3d 285 · Court of Appeals for the Fifth Circuit · May 22, 2008

Whether Noble Drilling qualifies as a “vessel” under the LHWCA, however, is irrelevant for analysis under these facts. … The McLaurins’ § 905(b) Claim The LHWCA was created to establish a compensation scheme for injured maritime workers.

Larry Naquin, Sr. v. Elevating Boats, L.L.C.

744 F.3d 927 · Court of Appeals for the Fifth Circuit · Mar 10, 2014

The evidence therefore clearly supported the jury’s implicit finding that Naquin had a connection to the EBI fleet that was substantial in terms of duration. 25 Although vessel repair is classic seaman’s work, EBI argues … The evidence credibly established that responsible chain manufacturers attempt to avoid defective welds in the knowledge that they are dangerous.