Case law

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

Crawford v. United States Steel Corp.

660 F.2d 663 · Court of Appeals for the Fifth Circuit · Nov 6, 1981

Indeed, in its motion to dismiss, the company alleged nine arguments ranging from subject matter jurisdiction to whether the plaintiffs had established a prima facie case. … The district judge found that Cooks was not qualified to repair diesel engines, a job requirement for the position he sought.

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.

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.

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.

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.

One Beacon Insurance v. Crowley Marine Services, Inc.

648 F.3d 258 · Court of Appeals for the Fifth Circuit · Jul 28, 2011

Bay Drilling Corp., 783 F.2d 527, 540 (5th Cir. 1986) (“Long-established general principles of interpreting indemnity agreements [in maritime contracts] require that indemnification for an indemnitee’s own negligence be clearly … And, unlike in Orduna, the RSO clearly referred to a particular document—Crowley’s website—containing these terms and conditions.

United States v. Sherman Fields

761 F.3d 443 · Court of Appeals for the Fifth Circuit · Jul 30, 2014

The district court concluded that even if a broader immunity agreement existed, Fields could not establish a reasonable probability that the evidence would have changed the result of the proceeding. … He does not establish that Outley received a broader immunity agreement than that outlined in the 2004 Letter, which the government provided to Fields before trial.

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

In Re Fisher

640 F.3d 645 · Court of Appeals for the Fifth Circuit · May 9, 2011

offense where that offense is a but-for cause of the harm.6 A person is proximately harmed when the harm is a reasonably foreseeable consequence of the criminal conduct.7 “Under the plain language of the statute, a party may qualify … Because the record presently before us does not establish that Fisher clearly and indisputably proved that he was a victim under the MVRA and the CVRA, we deny the petition for mandamus.

Occidental Chemical Corp. v. Louisiana Public Service Commission

810 F.3d 299 · Court of Appeals for the Fifth Circuit · Jan 4, 2016

(B) Any electric utility, qualifying cogenerator, or qualifying small power producer may petition the Commission to enforce the requirements of subsection (f) of this section as provided in subparagraph … Yet, the doctrine of primary jurisdiction clearly indicates that the parties should seek the expertise of FERC. These aims are not necessarily incompatible.

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.

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).

Edward Davis v. The Honorable James H. Davis, Governor of the State of Louisiana

361 F.2d 770 · Court of Appeals for the Fifth Circuit · May 31, 1966

to learn whether there are in fact any qualified to serve. … The evidence elicited by appellant was clearly sufficient to make out a “prima facie case of the denial of the equal protection which the Constitution guarantees.” Norris v.

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

The United States of America v. Daniel Kane, David Sherwin McCraw and James Michael Weber

887 F.2d 568 · Court of Appeals for the Fifth Circuit · Oct 24, 1989

The district court found that Weber did not qualify under either provision. This Court will not disturb this finding absent a showing that it is clearly erroneous. United States v. … Likewise, we cannot conclude that the court’s finding that Weber did not qualify for a reduction under section 3El.l(a) was erroneous.

National Business Forms & Printing, Inc. v. Ford Motor Co.

671 F.3d 526 · Court of Appeals for the Fifth Circuit · Feb 16, 2012

The district court clearly erred in finding otherwise. … This position is dubious on this record, which shows that Ford has licensed only six printers worldwide that would be qualified to meet its authorized dealers’ printing needs.

William Whirl v. C. v. (Buster) Kern and Fidelity and Deposit Company of Maryland

407 F.2d 781 · Court of Appeals for the Fifth Circuit · Mar 4, 1969

Under such circumstances, unless it can be said that the federal claim involved was frivolous or clearly foreclosed by prior Supreme Court decisions, Rumbaugh v. … Judicial immunity is likewise not a point of contention on this appeal.

Leonard S. GOFF, Plaintiff-Appellant, v. CONTINENTAL OIL COMPANY, Defendant-Appellee

678 F.2d 593 · Court of Appeals for the Fifth Circuit · Jun 17, 1982

Upon review of the evidence, we find that the holding of the district court is not clearly erroneous. Goff did not establish a prima facie case of discrimination in promotion. … Goff clearly established the first two parts of this test. He filed a § 1981 lawsuit alleging racial discrimination on March 8, 1979.

Jones v. City of Hutto

Court of Appeals for the Fifth Circuit · Oct 7, 2025

’s paw” theory establish the City’s liability. … In a pre-Staub unpublished case, we clearly spelled out the mechanics of cat’s paw in a case against an individual, not an employer: In the employment context, the actions of ordinary, non- supervisory employees