Case law

Joseph Dauzat v. Bessie Carter

Court of Appeals for the Fifth Circuit · Feb 7, 2019

as ordered violated Dauzat’s clearly established constitutional right. … The defendants continue to believe that their conduct did not violate clearly established law.

Fairley v. Patterson

493 F.2d 598 · Court of Appeals for the Fifth Circuit · May 1, 1974

When a suit alleging violation of clearly established law in a particular area is filed, and the defendants, in the face of evident violation of this law, persist in forcing the plaintiffs to expend efforts in preparing and … The original plaintiffs allege that they represent the class of all qualified electors.

United States v. Anderson

560 F.3d 275 · Court of Appeals for the Fifth Circuit · Feb 18, 2009

Anderson argues that the expert, Frank Quattrochi, was not qualified to testify as an expert and that his testimony was not relevant. Mr. … EVID . 702 (“ . . . a witness qualified as an expert by knowledge, skill, experience, training, or education, may testify . . .”)

United States v. Abbott

Court of Appeals for the Fifth Circuit · Oct 27, 2023

His issuance of GA-37 and his public statements cannot “establish[] authority to enforce a law, or the likelihood of his doing so, for Young purposes.” Tex. Democratic Party v. … And ‘may’ does not just suggest discretion, it clearly connotes it.” (emphasis in original and quotation omitted)).

Provost v. Nissen

354 F. App'x 180 · Court of Appeals for the Fifth Circuit · Nov 19, 2009

No. 08-31234 Plaintiff-Appellant Cyrus Provost appeals the district court’s grant of summary judgment in favor of the Defendants on the basis of qualified immunity. … The test for qualified immunity is whether the officers’ actions were objectively reasonable in light of clearly established law. See Anderson v. Creighton, 483 U.S. 635, 640, 107 S. Ct. 3034 (1987).

Director, Office of Workers' Compensation Programs v. Donzi Marine, Inc.

586 F.2d 377 · Court of Appeals for the Fifth Circuit · Dec 14, 1978

In that respect, the circumstances relating to the standing question in this case are very clearly distinguishable from those in the cited cases arising under the FCMHSA. … The question arose because the FCMHSA incorporated by reference the hearing procedures established in the LHWCA.

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's

United States v. Ronning

47 F.3d 710 · Court of Appeals for the Fifth Circuit · Mar 3, 1995

"A factual finding is not clearly erroneous if it is plausible in light of the record read as a whole." Id. at *5. … Organizer is defined as a person who travels for the purpose of establishing new organizations. Id. at 1590. A commander commands people, and organizations are composed of people.

Spears v. McCraw

Court of Appeals for the Fifth Circuit · Aug 5, 2021

Finally, he asserted that Defendants conspired to violate his civil rights or failed to supervise those that did. 2 Defendants moved to dismiss Spears’s claims under Rule 12(b)(6), asserting qualified immunity. … established law informed Defendants that placing Spears on a PIP would violate his constitutional rights.12 Consequently, Spears’s retaliation claim fails to overcome Defendants’ qualified immunity, and we affirm

McCall v. Peters

74 F. App'x 389 · Court of Appeals for the Fifth Circuit · Aug 29, 2003

We review de novo the district court’s summary judgment dismissal, based on a finding of qualified immunity, of McCall’s claims of false arrest and false imprisonment against Johnson. See Cousin v. … immunity.

Holland v. International Paper Co. Retirement Plan

576 F.3d 240 · Court of Appeals for the Fifth Circuit · Jul 16, 2009

Here, International Paper established the trust to pay benefits, and it makes periodic contributions to the trust. … There, we considered an ERISA-qualifying plan that defined disability by reference to the inability to perform “any job for which he ... is, or may become, qualified by training, education, or experience.” Id. at 1308.

United States v. Joe Willis Gilbreath

452 F.2d 992 · Court of Appeals for the Fifth Circuit · Dec 27, 1971

The primary purpose of jury instructions is to define with substantial particularity the factual issues, and clearly to instruct the jurors as to the principles of law which they are to apply in deciding the factual issues … The elements that are required to be proved beyond a reasonable doubt in order to establish the offense of forgery are: “1. The false making or alteration of some instrument in writing.

O'Dwyer v. United States

345 F. App'x 1 · Court of Appeals for the Fifth Circuit · Jun 30, 2009

Federal tort claims The FTCA waives sovereign immunity for federal tort claims brought against the United States. 28 U.S.C. § 2674 . … We decline this invitation to circumvent the jurisdictional limitations established by Congress when it chose to subject the United States to tort liability under the FTCA.

Commodie Freeman v. Joseph A. Califano, Jr., Secretary of Health, Education and Welfare

600 F.2d 1057 · Court of Appeals for the Fifth Circuit · Jul 18, 1979

Freeman’s work for Southern Railroad may have involved work in a “coal mine,” he was clearly not a “miner” “employed” “in the Nation’s coal mines” at the time. … We agree with this principle and hold that the district court erred in holding that appellant’s work necessarily fails to qualify.

Frost v. United States

168 F.2d 705 · Court of Appeals for the Fifth Circuit · Jun 25, 1948

Frost, was president of the parent company, and in the light of this course of business through the years, it was incumbent upon him to establish clearly the actual existence of the indebtedness and the fact that the earnings … The question involved here is chiefly one of fact and we cannot say that the findings of fact by the Court below were clearly erroneous.

18 Fair empl.prac.cas. 119, 18 Empl. Prac. Dec. P 8645 Willie L. Morrow and Jerome Mangum, Individually and on Behalf of All Others Similarly Situated, Cross-Appellees v. W. O. Dillard, Commissioner of Public Safety of Mississippi, Cross-Appellants

580 F.2d 1284 · Court of Appeals for the Fifth Circuit · Sep 29, 1978

Household Goods Carriers' Bureau, 494 F.2d 16, 19 (5th Cir. 1974). 24 The first and third exceptions are clearly not applicable. … In addition, the district court affirmatively required the hiring and permanent employment of one qualified black trooper or support person for each white so hired until approximately twenty-five percent of both the state

Vicon, Inc., Cross-Appellant v. Cmi Corporation, Cross-Appellee

657 F.2d 768 · Court of Appeals for the Fifth Circuit · Sep 30, 1981

ViCon, a Louisiana corporation qualified to do business in Mississippi, is engaged in the asphalt construction business. … That figure clearly establishes the excessive cost of maintaining the plant.

25 Fair empl.prac.cas. 1634, 25 Empl. Prac. Dec. P 31,550 Joy B. Danner, and on Behalf of Other Persons Similarly Situated, Plaintiffs v. United States Civil Service Commission

635 F.2d 427 · Court of Appeals for the Fifth Circuit · Jan 27, 1981

Danner), it is sufficient to say that we do not find to be clearly erroneous the determination that those two were better qualified than the plaintiff Danner, so that under East v. … Danner 5 if the third applicant selected from the "outside" list had qualifications clearly inferior to Ms.

Walp v. Goodwin

66 F.3d 323 · Court of Appeals for the Fifth Circuit · Aug 18, 1995

Qualified Immunity The district court properly held that because Walp did not allege the violation of any clearly established constitutional right, he failed to satisfy the threshold inquiry in the determination … of a qualified immunity claim.

Lana Puckett v. Clarksville Indep School Dist

Court of Appeals for the Fifth Circuit · Jan 20, 2014

PER CURIAM:* Principal Tonya Nelson appeals the district court’s denial of a motion for summary judgment on the basis of qualified immunity in a case involving multiple claims related to the molestation of a minor … jurisdiction to hear Nelson’s appeal of the district court’s denial of qualified immunity at this non-final stage of the proceedings.