Case law

Raymond Louis Bender v. James A. Brumley

1 F.3d 271 · Court of Appeals for the Fifth Circuit · Aug 24, 1993

Morel ... was not the clearly established law in the Fifth Circuit on February 20, 1989, hence the test enunciated in Johnson is not applicable to the facts in this case. ❖ * X 'Jr- * % Plaintiff objeet[s] to Jury Charge … The issue of qualified immunity, which the district court elected to carry with the case to trial, is not before us on appeal. .Mere allegations of verbal abuse do not present actionable claims under § 1983.

Charles L. Ward v. Anthony J. Celebrezze, Secretary of Health, Education and Welfare

311 F.2d 115 · Court of Appeals for the Fifth Circuit · Jan 15, 1963

He sought to establish a period of disability under Section 216(i) of the Social Security Act, 42 U.S.C.A. § 416 (i). … a matter of pain, clearly show that his condition is remediable and his ability to work could be substantially improved” [by surgery].

Mildred Lee Rogers v. Frito-Lay, Incorporated, Howard L. Moon v. Roadway Express, Inc.

611 F.2d 1074 · Court of Appeals for the Fifth Circuit · Feb 15, 1980

The statute does not confer a clearly defined right on the benefitted class. *1080 There is no intimation that every qualified handicapped person has a right to affirmative action in his particular case; what is apparent … The standard is that those who contend a statute has endowed them with a cause of action must establish their proposition.

Hodges v. Frasier

176 F.3d 479 · Court of Appeals for the Fifth Circuit · Mar 11, 1999

Qualified immunity standard The defendants asserted the defense of qualified immunity. … The first inquiry in examining a defense of qualified immunity is whether the plaintiff has alleged “the violation of a clearly established constitutional right.” Siegert v.

NextEra v. Lake

48 F.4th 306 · Court of Appeals for the Fifth Circuit · Aug 30, 2022

Bruce Church, Inc., 397 U.S. 137, 142 (1970), the burden imposed by SB 1938 is “clearly excessive in relation to the putative local benefits.” … Even that police power, the Supreme Court held, is not immune from dormant Commerce Clause scrutiny. Tenn. Wine, 139 S.

Grimes v. Herbert

149 F.3d 1177 · Court of Appeals for the Fifth Circuit · Jun 30, 1998

immunity, as Grimes’s substantive due process “right to be free from fear of assault” by her employer was not “clearly established” at the time of the alleged misconduct. … Given our holding that Grimes has not asserted a protected liberty interest, we do not reach this issue, but do note that Grimes never mentions qualified immunity in her initial appellate brief.

Albert Woodfox v. Burl Cain, Warden

772 F.3d 358 · Court of Appeals for the Fifth Circuit · Nov 20, 2014

Thus, the § 2254(d) inquiry would ask whether the state court’s opinion was contrary to or an unreasonable application of clearly established federal law in rejecting the disparity demonstrated. … been contrary to or an unreasonable application of clearly established federal law.

Catherine Walsh, Etc. v. Louisiana High School Athletic Association, Lutheran High School Association of Greater New Orleans

616 F.2d 152 · Court of Appeals for the Fifth Circuit · Apr 30, 1980

The district court determined that the action is not moot because it fell within the “capable of repetition, yet evading review” exception established in Southern Pacific Terminal Co. v. … A review of the evidence presented to the district court shows this finding of fact not to be clearly erroneous. Fed.R.Civ.P. 52(a). V.

Ellery Cornelius Oliver v. James A. Collins, Director, Texas Department of Criminal Justice, Institutional Division

904 F.2d 278 · Court of Appeals for the Fifth Circuit · Jun 28, 1990

Sections 636(c)(3) — (5) are “clearly directed toward creating alternative forums for appeals from magistrates’ judgments,” leaving “the choice of forum to the parties.” Ridings v. … Oliver’s unadorned request for a transcript clearly did not establish the justification necessary for granting his motion.

Equal Employment Opportunity Commission v. Kerrville Bus Co.

925 F.2d 129 · Court of Appeals for the Fifth Circuit · Mar 4, 1991

The EEOC moved to dismiss the counterclaims on the grounds that the district court had no subject matter jurisdiction of them, and that they were barred by the doctrine of sovereign immunity. … The order dismissing Kerrville’s counterclaims does not qualify for review under the collateral order doctrine. III.

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 .

Carl Green v. City of Moss Point, MS

495 F. App'x 495 · Court of Appeals for the Fifth Circuit · Oct 26, 2012

The district court held that Clark was entitled to qualified immunity under the MTCA, because Clark was acting within the scope of his duty and because Green was engaged in criminal activity at the time of the shooting. … In conclusion, because Green’s § 1983 claim against Clark for excessive force is barred by the Heck doctrine and because Clark was entitled to qualified immunity from Green’s state law claims, the judgment of the district

Lucille McKee v. Midland Independent Sch Dist, et

393 F. App'x 235 · Court of Appeals for the Fifth Circuit · Sep 1, 2010

The court held that (1) qualified immunity does not apply to § 1985(3) claims and, in the alternative, (2) McKee’s complaint demonstrates a course of conduct that was objectively unreasonable in light of clearly established … In an interlocutory appeal of a denial of qualified immunity, we may only consider whether “a certain course of conduct would, as a matter of law, be objectively unreasonable in light of clearly established law.”

Robert Thompson v. T Crnkovich

Court of Appeals for the Fifth Circuit · Oct 9, 2019

Importantly, “qualified immunity protects government officials from liability for civil damages insofar as their conduct does not violate clearly established statutory or constitutional rights of which a reasonable person … “The qualified immunity defense has two prongs: whether an official’s conduct violated a constitutional right of the plaintiff; and whether the right was clearly established at the time of the violation.” Brown v.

Hawkland v. Hall

Court of Appeals for the Fifth Circuit · Jun 17, 2021

If he failed to do so, we need not further address the defendants’ invocation of qualified immunity. … After all, to overcome a qualified immunity defense, a plaintiff must plead facts showing “(1) that the official violated a statutory or constitutional right, and (2) that the right was clearly established at the

Elmo v. Myers v. Gilman Paper Corporation v. International Association of MacHinists and Aerospace Workers (Afl-Cio)

544 F.2d 837 · Court of Appeals for the Fifth Circuit · Mar 21, 1977

to the next senior qualified employee who may work the job until the senior [affected class member] bidder becomes qualified. … In such instances the Affected Class Employee who is the senior bidder shall be required to work in the lower classifications for as long as is necessary for him to qualify and when the Company determines that he is qualified

Austin Flugence v. Robert H. Butler, Sr., Warden, Louisiana State Penitentiary

848 F.2d 77 · Court of Appeals for the Fifth Circuit · Jun 29, 1988

She concluded that an evidentiary hearing was not necessary, and that Flugence had failed to establish his lack of competency at the time of his guilty plea. … We find "no history of mental illness [or] substantial evidence of mental incompetence at or near the time of trial supported by the opinion of qualified physicians.. . ." Bruce v. Estelle, 483 F.2d at 1043 .

United States v. Daniel O. Thompson, III

749 F.2d 189 · Court of Appeals for the Fifth Circuit · Sep 13, 1984

Two qualified nurse practitioners left the clinic and were replaced by one nurse practitioner trainee. … The variable incentive pay program was established by Congress in order to encourage qualified medical personnel to accept positions in the Public Health Service, of which NHSC is a branch.

The Charleston National Bank, as Administrator of the Estate of Jennings Everett Samples, Deceased v. William M. Hennessy

404 F.2d 539 · Court of Appeals for the Fifth Circuit · Nov 27, 1968

The Florida Supreme Court, however, set out the proper rule very clearly in the later case of Gulle v. … Whether the ultimate fact has been established must then be decided by the jury from all of the evidence before it without the aid of the presumption.

Gilani v. UTSW Medical Center

Court of Appeals for the Fifth Circuit · Jan 30, 2026

B We review de novo both a district court’s dismissal for failure to state a claim and a district court’s ruling on qualified immunity. 6 We begin with Gilani’s procedural due process claim. … law prong of qualified immunity for the individual-capacity claims. 26 * * * We AFFIRM. _____________________ 26 Doe v.