Case law
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1.37s
539 F.2d 77 · Court of Appeals for the Fifth Circuit · Aug 30, 1976
This finding by the court is not clearly erroneous. … There are no established criteria for selection of new foremen.
Cited 76 timesPublished497 F. App'x 366 · Court of Appeals for the Fifth Circuit · Oct 1, 2012
Qualified immunity protects government officials from money damages unless a plaintiff shows “(1) that the official violated a statutory or constitutional right, and (2) that the right was ‘clearly established’ at the time … “A Government official’s conduct violates clearly established law when, at the time of the challenged conduct, the contours of a right are sufficiently clear that every reasonable official would have understood that what
Cited 5 timesUnpublished176 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.
Cited 2 timesUnpublishedCourt 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.
Cited 0 timesUnpublishedKelvin Wells v. State Atty Gen of Louisiana
469 F. App'x 308 · Court of Appeals for the Fifth Circuit · Mar 22, 2012
Because the defense of qualified immunity was raised, there is no liability unless Wells has shown that “taking the facts in the light most favorable to the plaintiff, the officer’s alleged conduct violated a constitutional … Wells has failed to allege facts supporting a claim that the defendants violated clearly established constitutional rights to be free of racial discrimination in housing. See Lytle, 560 F.3d at 410.
Cited 2 timesUnpublishedUnited States v. O. C. Lee Robin, Jr.
419 F.2d 381 · Court of Appeals for the Fifth Circuit · Dec 3, 1969
It is well settled that “* * * the registrant bears the burden of clearly establishing his right to the ministerial exemption and the board has no affirmative duty to ascertain whether or not the registrant qualifies for … The facts of this ease do not take it out of *383 the realm of well established precedents, 3 and the record clearly discloses that appellant failed to discharge his burden of establishing a prima facie case for a ministerial
Cited 0 timesPublished609 F.3d 699 · Court of Appeals for the Fifth Circuit · Jun 16, 2010
A principal element of the vagueness doctrine is “the requirement that a legislature establish minimal guidelines to govern law enforcement.” Kolender v. … A factual finding is not clearly erroneous if it is plausible in light of the record as a whole. Id.
Cited 110 timesPublished341 F.2d 351 · Court of Appeals for the Fifth Circuit · Mar 12, 1965
, to "remove the sovereign immunity of the United States from suits in tort. * *" Richards v. … Uppermost in the mind of Congress when it waived this immunity were the ordinary common law torts.
Cited 39 timesPublishedMcgonigal v. Gearhart Industries
851 F.2d 774 · Court of Appeals for the Fifth Circuit · Sep 8, 1988
The jury finding removes any protection available under military contractor immunity. … The law of the case in McGonigal I establishes the propriety of application of res ipsa loquitur in this case.
Cited 0 timesPublishedCarl 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
Cited 4 timesUnpublishedCourt of Appeals for the Fifth Circuit · Aug 19, 2025
immunity. … Official defendants in suits like these already are generally protected by qualified immunity.
Cited 0 timesPublished362 F.2d 435 · Court of Appeals for the Fifth Circuit · Jun 13, 1966
Secondly, the record further shows clearly that the carpet industry has been entrapped to a degree by the well established practice of granting volume discounts which they all apparently wish to discontinue. … His testimony clearly established that Cabin Crafts is one of the small manufacturers which has undertaken to enter the'carpet manufacturing business in recent years.
Cited 18 timesPublishedJay Y. Crum v. American Airlines, Inc.
946 F.2d 423 · Court of Appeals for the Fifth Circuit · Dec 12, 1991
As Manning was an appeal after a full bench trial, the most appropriate issue was whether the district court’s decision that the pharmaceutical company had terminated the plaintiff for cause was clearly erroneous. … Ger-aghty’s complaint establishes two points. First, Geraghty alleges that she was not offered the publisher’s position.
Limited by Melvin WALTHER, Plaintiff-Appellee, v. LONE STAR GAS COMPANY, Defendant-Appellant, 952 F.2d 119 (1992)Cited 8 timesPublished366 F.2d 34 · Court of Appeals for the Fifth Circuit · Jul 20, 1966
The Court clearly distinguished the concept of jury qualifications from the method of selection. 47 In his dissent, Mr. … A bill to establish uniform qualifications of jurors in the Federal courts * * .
Cited 129 timesPublished556 F.2d 1319 · Court of Appeals for the Fifth Circuit · Aug 5, 1977
United States, 425 U.S. 484 , 96 S.Ct. 1646 , 48 L.Ed.2d 113 (1976), we find the instant *1324 case clearly distinguishable. … They acted in concert with him, but he did not become immune from prosecution because they condoned or even encouraged his unlawful activity.
Cited 43 timesPublished680 F.2d 979 · Court of Appeals for the Fifth Circuit · Jul 1, 1982
Instead, congressional policy as clearly established was carried out in the action under the National Labor Relations Act. 137 The Norris-LaGuardia Act applies to every kind of labor dispute, and not only to conventional … under the laws." 42 U.S.C. § 1985 (3) (emphasis added). 14 This language does not establish a cause of action for every deprivation of any legal right, privilege, or immunity.
Cited 0 timesPublishedThe Taggart Corporation v. Life and Health Benefits Administration, Inc.
617 F.2d 1208 · Court of Appeals for the Fifth Circuit · May 30, 1980
HILL, Circuit Judge: The Security Multiple Employers Trust [SMET], appellee, provides group insurance to employers too small to qualify for group rates on their own. … On the other hand, Congress has elsewhere clearly distinguished between “health plans” and “health insurance.” I.R.C. §§ 105(a), 105(e). As with pension plans, see H.R.Rep.
Cited 95 timesPublished149 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.
Cited 0 timesUnpublishedEqual Employment Opportunity Commission v. University of Texas Health Science Center at San Antonio
710 F.2d 1091 · Court of Appeals for the Fifth Circuit · Aug 1, 1983
The burden of proof is on the employer to establish the BFOQ defense. Id. at 235 . … Again, based on our review of the record, these findings were the subject of dispute at trial but are not clearly erroneous. AFFIRMED.
Cited 4 timesPublished578 F.2d 582 · Court of Appeals for the Fifth Circuit · Aug 21, 1978
When the petitioner asserts that a death-qualified jury is prosecution-prone, he means that a death-qualified jury is more likely to convict than a nondeath-qualified jury. 15 Proof that this proposition is true is *594 far … That a death-qualified jury is more likely to convict than a nondeath-qualified jury does not demonstrate which jury is impartial.
Cited 335 timesPublished
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