Case law

Texas v. United States

730 F.2d 339 · Court of Appeals for the Fifth Circuit · Apr 23, 1984

Section 203 creates a permissible zone of rate flexibility, within which rate increases enjoy a qualified immunity from reasonability challenges. Id. § 10707a. … When Congress seeks to end a situation of conflicting regulatory schemes and to establish uniform regulatory standards, it has clearly manifested its intent to preempt state law. See City of Burbank v.

Siglar v. Hightower

112 F.3d 191 · Court of Appeals for the Fifth Circuit · May 8, 1997

A complaint lacks an arguable basis in law if it is based on an indisputably meritless legal theory, such as if the complaint alleges the violation of a legal interest which clearly does not exist. Neitzke v. … The district court then determined that no qualifying physical injury resulted from the incident.

United States v. Oladimeji Ayelotan

Court of Appeals for the Fifth Circuit · Mar 4, 2019

Yet as we noted in Edwards, even “hold-out jurors are not immune from dismissal based upon just cause.” 43 The district court had legitimate reasons to dismiss Juror 20. … The district court did not clearly err considering the evidence before it— not with Ayelotan and not with Raheem. 2.

Morrow v. Crisler

479 F.2d 960 · Court of Appeals for the Fifth Circuit · Apr 18, 1973

applicants for positions in the Department of Public Safety and the Highway Safety Patrol shall in the future be required to comply with the regulations adopted by the Classification Commission of the State of Mississippi established … all applicants who have previously qualified.

Camille COMEAUX, Plaintiff-Appellant, v. UNIROYAL CHEMICAL CORPORATION, Defendant-Appellee

849 F.2d 191 · Court of Appeals for the Fifth Circuit · Jul 14, 1988

did establish a prima facie case. … The magistrate found that appellant was replaced by a black male who was qualified for the position. Comeaux does not dispute this finding on appeal. Appellant’s first contention clearly fails.

Edward Goodloe, a Minor, by His Mother and Guardian, Flonzie Gettis, Etc. v. Russell C. Davis, D. L. Rutland and the Servian Club of Jackson, Inc.

514 F.2d 1274 · Court of Appeals for the Fifth Circuit · Jun 20, 1975

commissioners, the Director of Parks and Recreation, and the City Attorney of Jackson, Mississippi, and the two appellees, for deprivation under color of state law, ordinance, regulation, custom and usage of rights, privileges, and immunities … Any action of the Servian Club in enforcing a discriminatory policy pursuant to city directive or policy is taken “under color of law” and is clearly within the power of the courts to enjoin. See Adickes v. S. H.

United States v. Bustamante

Court of Appeals for the Fifth Circuit · Feb 10, 1995

immunity . . . I think it's only fair for me to have immunity." … Bustamante makes no attempt to establish that the trial court was obligated to order immunity on its own initiative and we decline to bear this burden for him.

Sheridan Transportation Co., and Tug New York Co. v. United States of America

834 F.2d 467 · Court of Appeals for the Fifth Circuit · Dec 21, 1987

Such a finding is clearly erroneous. … Act was to waive sovereign immunity and allow recovery for negligent actions of the government beyond the discretionary decision. Id., at 966 .

Mason v. City of Waco

Court of Appeals for the Fifth Circuit · Feb 26, 2024

Holt is entitled to qualified immunity unless Mason can raise a fact issue showing (1) Holt violated constitutional law, and (2) the right at issue was “clearly established” at the time of Holt’s alleged misconduct. … We thus need not reach the “clearly established” prong. See id. at 236. Holt is entitled to qualified immunity, and summary judgment on Mason’s claims against him was proper. C.

Wingfield v. Garner

Court of Appeals for the Fifth Circuit · Apr 8, 2025

As a below-the-knee amputee, Wingfield has a qualifying disability. … As stated, Wingfield is a qualified individual with a disability because he is an amputee.

Marcos Luevano v. Paula Geyer

355 F. App'x 834 · Court of Appeals for the Fifth Circuit · Dec 14, 2009

The district court granted Geyer’s motion to dismiss based on qualified immunity, and this appeal followed. … We apply a two-prong test to determine the applicability of qualified immunity: (1) whether the plaintiff has alleged a violation of a clearly established federal constitutional or statutory right; and (2) whether the

United States v. Muñiz

540 F.3d 310 · Court of Appeals for the Fifth Circuit · Aug 8, 2008

States v. 58.16 Acres of Land, the Seventh Circuit permitted an appeal of a possession order where the district court determined that it lacked authority to consider the validity of a taking. 7 However, the Seventh Circuit clearly … United States, 142 F.2d 230, 231 (5th Cir.1944) (stating that the judgment establishing compensation to be awarded "is the essential and final one"; anything that "precedes is interlocutory”). . 478 F.2d 1055, 1060-61 (7th

Fairley v. Patterson

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

vote argument, the Supreme Court has conclusively established in Baker v. … 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

Winters v. Diamond Shamrock Chemical Co.

149 F.3d 387 · Court of Appeals for the Fifth Circuit · Aug 18, 1998

validity of an asserted official immunity defense. … “One of the primary purposes of the removal statute--as its history clearly demonstrates--was to have such defenses litigated in the federal courts. . . .

United States v. Parish of St. Bernard

756 F.2d 1116 · Court of Appeals for the Fifth Circuit · Apr 8, 1985

The doctrine of sovereign immunity has been abandoned in Louisiana. However, this does not mean a parish may be sued for any cause. … Parish liability is limited by the step-child of the old doctrine of sovereign immunity— the public duty doctrine. This doctrine, adopted in Louisiana, was well stated in Stewart v.

Grace v. Hooper

123 F.4th 800 · Court of Appeals for the Fifth Circuit · Dec 23, 2024

According to Grace, the state court violated clearly established law when it discounted the impeachment value of the testimony that Hudson was involved in the crime. … Although Davis is a Confrontation Clause case, Grace argues the case provides clearly established law that the state court violated.

Calvin Cash v. John Rupert

Court of Appeals for the Fifth Circuit · Sep 17, 2019

The district court also concluded that Cash had not overcome qualified immunity. … ’s conduct violated a constitutional right’; and second, ‘whether the right was clearly established.’”

United States v. Victor Alexander

816 F.2d 164 · Court of Appeals for the Fifth Circuit · Apr 22, 1987

Alexander’s expert witnesses was clearly erroneous. 3 Contrary to the conclusion of the district court, the jury was not as well-qualified as Dr. Gottsegen to determine whether Dr. … Webb also was allowed to take new photographs of the defendant in order establish a proper basis of comparison.

Bennett v. Total Minatome Corp.

138 F.3d 1053 · Court of Appeals for the Fifth Circuit · Apr 29, 1998

be; 2) he was qualified for the position he occupied or sought; 3) he was within the protected class at the time of the demotion or failure to promote; and 4) either i) the position he occupied or sought was filled by … Once established, the prima facie case raises an inference of unlawful discrimination. Id.

Foreman v. Prudential Insurance

657 F.2d 717 · Court of Appeals for the Fifth Circuit · Sep 28, 1981

Walls and Moore clearly fell within this category. … This regulation, then, does not appear to establish a “certified date” for Ready Reservists within the meaning of section 767(a).