Case law

Lopez v. Henley

416 F.3d 455 · Court of Appeals for the Fifth Circuit · Jul 12, 2005

Section 329 of the INA establishes conditions of “naturalization through active-duty service in the Armed Forces during World War I, World War II, Korean hostilities, Vietnam hostilities, or other periods of military hostilities … Proof of good moral character clearly is a requirement for most applicants; and it is explicitly required for persons who served in the Armed Forces at various times in non-active-duty status.

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

Powers v. Northside Independent School District

662 F. App'x 306 · Court of Appeals for the Fifth Circuit · Dec 5, 2016

NISD offers three arguments why Powers and Wernli failed to establish a waiver of NISD’s governmental immunity under the Act. We reject each. … Bexar Cty., Tex., 560 F.3d 404, 408–09 (5th Cir. 2009) (citing cases and noting in the qualified-immunity context that if the 1 We note that NISD’s reply brief contains new arguments on the “appropriate law enforcement

Castellano v. Fragozo

352 F.3d 939 · Court of Appeals for the Fifth Circuit · Dec 5, 2003

Moreover, Castellano has clearly disavowed a state law claim as recently as in his response to the petition for rehearing en banc. … The majority erred in establishing this new § 1983 claim.

Perillo v. Johnson

Court of Appeals for the Fifth Circuit · Mar 17, 2000

The district court found that the evidence clearly and unambiguously established that Fletcher was granted full transactional immunity before her testimony against … immunity.

Delancey v. City of Austin

570 F.3d 590 · Court of Appeals for the Fifth Circuit · Jun 3, 2009

Ruby, whose actions form the apparent basis of Plaintiffs’ § 1983 claim, does not qualify as a policymaker for the City. … U.S. at 284 (internal quotations omitted); see also Equal Access for El Paso, 509 F.3d at 702 (“[A] claim based on a statutory violation is enforceable under § 1983 only when the statute creates ‘rights, privileges, or immunities

Texas Food Industry Assoc. v. United States Department of Agriculture

81 F.3d 578 · Court of Appeals for the Fifth Circuit · Apr 30, 1996

Because EAJA ;is a partial waiver of sovereign immunity, it must be strictly construed in the government’s favor. Ardestani v. … Clearly, this limited exception cannot support an implicit rule requiring the aggregation of employees and assets. .

George H. Jones and Betty A. Jones v. Commissioner of Internal Revenue

927 F.2d 849 · Court of Appeals for the Fifth Circuit · Apr 2, 1991

Jones’ decision in no way furthers the clearly enunciated legislative purpose behind sections 913 and 911 of encouraging foreign employment of United States’ citizens. … While an exact definition of ‘abode’ depends upon the context in which the word is used, it clearly does not mean one’s principal place of business.

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.

Mims v. Wilson

514 F.2d 106 · Court of Appeals for the Fifth Circuit · Jun 4, 1975

Although unable to conclude from the evidence that defendant had intentionally discriminated against plaintiff and his class, 1 he found a clearly established pattern and practice of racial discrimination in employment. … burden of proving that identified class members applied when there were no vacancies or were not qualified.

Alisa D. Johnson v. Delchamps, Inc.

897 F.2d 808 · Court of Appeals for the Fifth Circuit · May 21, 1990

On remand Delchamps again moved for summary judgment, this time claiming that Johnson’s at-will status immunized it from liability for her dismissal, that her exclusive remedy lay under the Louisiana worker’s compensation … Orkin Exterminating Co., 540 So.2d 363 (La.App.1989), as establishing a cause of action for polygraph malpractice in Louisiana.

Custom Rail Employer Welfare Trust Fund v. Geeslin

491 F.3d 233 · Court of Appeals for the Fifth Circuit · Jun 27, 2007

primarily for the purpose of providing death benefits), nor any trust established under such a plan, shall be deemed to be an insurance company or other insurer, bank, trust company, or investment company or to be engaged … as “fully insured” that would apply to all MEWAs and further allowing a method for recognition of those that qualify. 7 Guide clearly allows, and the Secretary requiring the state

Sreeram v. L S U Med Ctr Sport

188 F.3d 314 · Court of Appeals for the Fifth Circuit · Sep 22, 1999

Sreeram failed to establish a prima facie case of sex and/or national origin discrimination because she failed to establish that she was qualified for the position in question at all relevant times. … Sreeram’s ability to perform under the rigorous conditions of third year residency, she failed to establish that she was qualified. We therefore find that Dr.

United States v. Jose Sanchez-Sanchez

779 F.3d 300 · Court of Appeals for the Fifth Circuit · Feb 24, 2015

offense, then the statute as a whole does not categorically qualify. … Article 42.12, § [3g(a)(2)], clearly mandates that the trial judge enter in the judgment a finding that a deadly weapon was used or exhibited during the commission of an offense, once the trier of fact makes

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.

Equal Employment Opportunity Commission v. International Longshoremen's Ass'n

623 F.2d 1054 · Court of Appeals for the Fifth Circuit · Aug 13, 1980

The Law of the Case It is well established that a decision of a legal issue by an appellate court establishes “the law of the case” which must be followed in all subsequent proceedings in the same case in the trial court … The district court here did not follow the law of the case as established by this court in the prior appeal.

Cressman v. Ellis

77 F. App'x 744 · Court of Appeals for the Fifth Circuit · Oct 10, 2003

Therefore, the Defendants are entitled to qualified immunity on these claims.” Cressman v. Ellis, No. 03-50170, pg. 8. The alleged privacy violation here was in 2000, twenty-four years after Katz. … If a reasonable government agent would know that the audio and video recordings were clearly illegal, there could be no qualified immunity.

Eiland v. Westinghouse Electric Corp.

58 F.3d 176 · Court of Appeals for the Fifth Circuit · Jul 14, 1995

Westinghouse objected, and the trial court ruled that Adams was qualified to state an opinion on how the accident happened. … must be established in terms of reasonable probabilities.

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.

United States v. Corey Juluke

426 F.3d 323 · Court of Appeals for the Fifth Circuit · Sep 20, 2005

In relevant part, the criminal forfeiture statute provides that any person convicted of a qualifying violation shall forfeit “[a]ny property constituting, or derived from any proceeds the person obtained, directly or indirectly … The “adjustment should be applied if the weapon was present, unless the defendant establishes that it was clearly improbable that the weapon was connected with the offense.” United States v.