Case law

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.

Alexander v. Ieyoub

62 F.3d 709 · Court of Appeals for the Fifth Circuit · May 19, 1995

The district court granted summary judgment in favor of the Defendants on the basis of absolute immunity. … Manuel, 426 So.2d 140, 143 (La.1983) (object of forfeiture proceeding is "to penalize for the commission of an offense against the law" and "forfeiture is clearly a penalty for the criminal offense and can result in even

Sam W. Carlisle v. M/s Sistina, Her Engines, Tackle, Gear, Etc.

407 F.2d 824 · Court of Appeals for the Fifth Circuit · Feb 19, 1969

Testimony from a qualified marine surveyor established no likelihood of slack in the ladder because its weight when suspended from the ship would have caused the ladder to “pay out” immediately and thus remove any slack. … This Court is bound by the findings of the District Court and may not disturb them unless they are clearly erroneous. Fed.R.Civ.P. 52(a); McAllister v.

Savoy v. Stroughter

Court of Appeals for the Fifth Circuit · Apr 24, 2024

No. 23-30107 official’s conduct violated a statutory or constitutional right of the plaintiff; and (2) whether the right was ‘clearly established’ at the time of the violation.” … established” and instead, also undertaking the analysis of the first prong of the qualified immunity analysis.

Ferrara v. Travis County

Court of Appeals for the Fifth Circuit · Nov 11, 2025

Delaware, 438 U.S. 154 _____________________ 2 As the district court noted, this ambiguity indicates that the TCAO prosecutors and investigators enjoy qualified immunity: Public officials are … protected from § 1983 liability unless their conduct violates a clearly established constitutional right.

Roy Davis v. Brenda Hough

569 F. App'x 186 · Court of Appeals for the Fifth Circuit · May 21, 2014

, or engaged in any similar conduct that would clearly evince a wanton disregard for any seri- ous medical needs.” … Because he has failed to demonstrate a violation of his rights under the Eighth Amendment, we need not conduct a qualified-immunity analysis. See Lytle v. Bexar Cnty., Tex., 560 F.3d 404, 410 (5th Cir. 2009).

Broussard v. U.S.

Court of Appeals for the Fifth Circuit · Apr 12, 1993

Kaplan,8 the plaintiffs sought to establish that the defendant physicians))who were temporary employees of the Veterans Administration))were independent contractors rather than employees who would be statutorily immune … The district court did not clearly err in finding that Jermaine would have died regardless of how competently he might have been diagnosed and how promptly he might have treated.

Williams v. Zachary

Court of Appeals for the Fifth Circuit · Jun 10, 2022

The court held Zachary and Shankle were entitled to qualified immunity because, among other things, they had not violated a clearly established constitutional right. … We affirmed the district court’s denial of qualified immunity.

United States Fidelity And Guaranty Company v. Ray D. 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." … Bass and Allen counter with the contention that they are entitled to a qualified immunity because of their positions as public officers.

Willie Ray McDonald v. J. Steward, Library Supervisor, Michael Unit Director Tdcj-Id

132 F.3d 225 · Court of Appeals for the Fifth Circuit · Jan 26, 1998

It is well established that prison officials may not retaliate against an inmate because that inmate exercised his right of access to the courts. Woods v. … immunity to Steward.

Georgia Power Co. v. Security Investment Properties, Inc.

559 F.2d 1321 · Court of Appeals for the Fifth Circuit · Sep 29, 1977

As we said in Fountainbleau, a utility company’s tariffs do not establish conclusively the bounds of a debtor’s property interest. … Such extensive powers to adjudicate summarily conflict with the clearly established principle that the intent of the Bankruptcy Act is to allow bankruptcy courts to exercise summary jurisdiction only in a limited sphere.

United States v. Elizabeth Ann Pratt Stokes

998 F.2d 279 · Court of Appeals for the Fifth Circuit · Aug 9, 1993

WHETHER THE DISTRICT COURT IMPROPERLY QUALIFIED AN EXPERT WITNESS. … Further, we hold that the trial court clearly erred when it sentenced Stokes to a period of supervised release applicable to a Class D felony rather than to a Class E offense.

Salinas v. Loud

Court of Appeals for the Fifth Circuit · Jan 12, 2024

The officers contend that they are entitled to qualified immunity. The Supreme Court has “repeatedly . . . stressed the importance of resolving immunity questions at the earliest possible stage in litigation.” … In order to overcome qualified immunity at the motion to dismiss stage, a plaintiff must state a claim that (1) the defendant violated a constitutional right, and (2) the constitutional right at issue was clearly

Texas Commerce Bank National Association v. National Royalty Corporation

799 F.2d 1081 · Court of Appeals for the Fifth Circuit · Sep 17, 1986

Ordinarily, the interpretation of a contract is a question of law, and appellate review is not limited by the clearly erroneous standard. … Under Texas law, “[a] contract is ambiguous when, after applying established rules of construction, it is reasonably susceptible to more than one meaning.” Id.

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.

Dennis FISHER, Plaintiff-Appellee, v. PROCTER & GAMBLE MANUFACTURING COMPANY, Defendant-Appellant

613 F.2d 527 · Court of Appeals for the Fifth Circuit · Mar 12, 1980

The system is therefore legally valid under the immunity of that provision. … Qualifying Tests.

Ysleta Del Sur Pueblo v. State of Texas and Ann Richards, Governor, Ysleta Del Sur Pueblo v. State of Texas and Ann Richards, Governor, Ysleta Del Sur Pueblo v. State of Texas and Ann Richards, Governor

36 F.3d 1325 · Court of Appeals for the Fifth Circuit · Nov 21, 1994

state's immunity. … A state's sovereign immunity under the Eleventh Amendment includes immunity from suits brought by Indian tribes. Blatchford v. Native Village of Noatak, 501 U.S. 775 , 111 S.Ct. 2578 , 115 L.Ed.2d 686 (1991).

Owens v. Texaco, Inc.

857 F.2d 262 · Court of Appeals for the Fifth Circuit · Oct 14, 1988

Because the district court’s findings of fact are clearly erroneous, we reverse. Facts Bobby N. … Under the evidentiary guidelines distilled by the Supreme Court, a plaintiff can make out a prima facie case of a Title VII violation by establishing: 1) that he belongs to a racial minority; 2) that he was qualified for

George Dunbar Prewitt, Jr. v. United States Postal Service

662 F.2d 292 · Court of Appeals for the Fifth Circuit · Nov 5, 1981

All a plaintiff need prove to establish a prima facie case is that the challenged standard disparately disadvantages the protected group of which he is a member, and that he is qualified for the position under all but the … To summarize: (1) Prewitt, the disabled claimant, may establish a prima facie case of unlawful discrimination by proving that: (a) except for his physical handicap, he is qualified to fill the position; (b) he has a handicap

Dunn-McCampbell Royalty Interest, Inc. v. National Park Service

112 F.3d 1283 · Court of Appeals for the Fifth Circuit · Jun 16, 1997

principles of sovereign immunity, the United States is immune from suit unless it consents, and the terms of its consent circumscribe our jurisdiction. … Mandamus is an extraordinary remedy, available only where government officials clearly have failed to perform nondiscretionary duties. Pittston Coal Group v.